February 18, 2005 | By Donna Wentworth

Broadcast Flag "Just As Important As Grokster"

So argues Susan Crawford in a post on the forthcoming oral arguments in ALA v. FCC -- that is, the legal challenge to the FCC's broadcast flag technology mandate (emphasis & hyperlinks, mine):

Did the FCC have jurisdiction to enter the broadcast flag order in November 2003? If it didn't, we'll need to go to Congress to discuss all this.

Like the Grokster case, the flag situation raises this question: can one industry force another to constrain new general purpose technologies in the name of copyright protection? Like the CALEA dispute (prompted by the demands of another great industry -- law enforcement), the flag represents an attempt to have high-tech innovators ask permission before innovating.

Read the entire post -- and don't forget to check out Prof. Crawford's Shortness of Vision: Regulatory Ambition in the Digital Age [word doc].


Deeplinks Topics

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Check out our Stupid Patent of the Month, from a company that seems to think it invented passwords. https://www.eff.org/deeplinks...

Jul 29 @ 4:19pm

Users should be informed when their content comes under threat of removal from the Internet. This tool could help. https://www.eff.org/deeplinks...

Jul 29 @ 4:05pm

"Surveillance technologies are being deployed by local police across the US, often without any oversight." http://www.alternet.org/civil...

Jul 29 @ 1:47pm
JavaScript license information