As noted previously, a Federal appeals court is hearing a case wondering whether or not the FCC has the authority to impose the broadcast flag mandate, without getting specific permission from Congress. It sounds like the court may be skeptical of the FCC's authority, but that doesn't mean they'll rule against the Broadcast Flag. There were two separate quotes, both using "washing machines" as an example, wondering if the FCC was overstepping its bounds. Judge Harry Edwards: "You're out there in the whole world, regulating. Are washing machines next?" Judge David Sentelle: "You can't regulate washing machines. You can't rule the world." However, it appears the judges are also wondering if those who filed the complaint really have a case, as it's not clear that they're being particularly harmed by the move. It's good that the judges are questioning where the FCC's authority ends, especially in relation to their ability to regulate new technologies.
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