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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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June 02, 2004

Significant Procedural Victory in Broadcast Flag Lawsuit

Posted by Ernest Miller

Prof. Susan Crawford reports good news regarding a court challenge to the broadcast flag (Broadcast flag order).

Several groups, including the American Library Association, Public Knowledge, Consumers' Union and others, have challenged the FCC's jurisdiction to issue the broadcast flag rule. A very short version of the argument is that Congress didn't give the FCC carte blanc to regulate all consumer electronics that might have to deal with a video signal. Anyway, the FCC claimed that the court should wait to hear the challenge until the FCC has considered requests to make the existing rule even more aggrandizing. The court has rejected that argument and ordered the case to continue undelayed. Read the one page court order: American Library Association v. Federal Communications Commission [PDF].

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