FCC can’t mandate Broadcast Flag…

“… because the rules promulgated by the Flag Order regulate demodulator products after the transmission of a DTV broadcast is complete, these regulations exceed the scope of authority Congress delegated to the FCC. And because the Commission can only issue regulations on subjects over which it has been delegated authority by Congress, the rules adopted by the Flag Order are invalid at the threshold jurisdictional inquiry.”

American Library Association v. FCC, No. 04-1037b, D.C. Court of Appeals, May 6, 2005
http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf

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