Appeal court examine broadcast flag

A US federal Appeal Court duly held a hearing yesterday on the FCC's broadcast flag mandate. Happily for Susan Crawford some of the judges were openly hostile to the idea. In response to the challengers accusation that the FCC were acting outside their authority in mandating the flag, the FCC's lawyer said that Congress did not explicitly forbid them from doing so and they were therefore entitled. At least two of the judges didn't like that:

"You're out there in the whole world, regulating. Are washing machines next?"Judge Edwards.

"You can't regulate washing machines. You can't rule the world." Judge Sentelle

A third judge doubted whether the complainants, American Library Association, the Association of Research Libraries, the Medical Library Association, Public Knowledge and the Electronic Frontier Foundation had the legal standing to progress the case.

So perhaps the FCC do get to rule the world after all, at least until the US Congress exlicitly says they can't or someone who can negotiate the legal technicalities to making a formally recognised complaint steps up to the pulpit.