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Judging by the reactions of the judges during oral argument last Tuesday, as described by Declan McCullagh, the future of the FCC's Broadcast Flag rule is not bright:
Two of the three judges on the District of Columbia Circuit panel said the FCC never received permission from Congress to undertake such a sweeping regulation. . . . "You're out there in the whole world, regulating. Are washing machines next?" asked Judge Harry Edwards. Quipped Judge David Sentelle: "You can't regulate washing machines. You can't rule the world." However, the rule could survive if one or more of the skeptical judges decides that the particular plaintiffs in the case lacked standing to sue, a possibility raised during their questioning.
A detailed description of the argument is at Luminousvoid.
posted by James DeLong @ 8:37 AM | Analog Holes
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