Cellphones, Desktops, Handhelds, Laptops, Misc. Gadgets, Portable Audio / Video, Home Entertainment,
The FCC says it has power over anything that can receive and play a digital file
posted Nov 15th 2004 4:56AM
We don't much like how the Broadcast Flag forces companies like
TiVo to get government approval before they can add new
features to their products, but Susan Crawford writes that what's even scarier is how the FCC is using it as part
of a power grab to wield control over everything that can receive a digital file. In a brief filed in a suit brought
against the Broadcast Flag by the Electronic Frontier Foundation and PublicKnowlegde, the FCC argues that not only do
they have the right to regulate that all digital TVs, settop boxes, digital video recorders, satellite receivers, DVD
recorders, etc. only be able to receive authorized content, that they also have regulatory power over "all
instrumentalities, facilities, and apparatus 'associated with the overall circuit of messages sent and received'
via all interstate radio and wire communication." And yes, that also means your PC, your cellphone, or
basically anything else that is capable of receiving a digital file and engages in some sort of communication.
[Via BoingBoing]
the FCC *assumes* they have a lot of power over all sorts of stuff. unfortunately they technically don't.
like for instance... content on broadcast mediums... everyone just thinks the FCC has the power to regulate content... no one ever questions it. guess what? they don't.
of course there isn't a television or radio conglomorate with a big enough pair to actually ever challenge it... so they go along with the fines etc.
TiVO and the like would be well advised to nip this in the bud NOW and not give the FCC even more bogus authority.
but thats just my opinion...
Does "radio and wire communication" cover fiber optic?
Time for the "people" to take back the airwaves! :)
Federal Commmunistications Commission. Now with 50% more fiber!
One Powell down, one to go! Woooohooooo!
Radio and wire communication does cover fiber optic
Section 303 of the Communications Act gives the FCC extremely broad powers. The power to regulate content on broadcast mediums? 303(m)(1)(D) would seem to fit the bill.
http://www.fcc.gov/Reports/1934new.pdf (horrid PDF warning)
And then, of course, there are various court cases (League of Women Voters, Pacifica) which go along with the FCC's power to regulate content on broadcast mediums.
Plenty of TV and radio conglomerates have challenged the FCC's powers - and often lost. Turner Broadcasting in particular fought the FCC tooth and nail over cable must-carry regulations (and lost).
I'm not saying that I'm agreeing with the powers that the FCC has, quite the opposite, but they are what they are.
Looks suspiciously like a grab at regulating digital cable and satellite broadcasts.
Eion is correctly quoting the FCC's charter (which was recently revised to update the wording to include modern technologies). What most people don't understand is that the regulatory powers of the FCC , while broad, only allow for minimal regulation (revoking of licenses or imposeing fees and fines). For example, technicaly speaking, only limited bandwidth transmitted content during the day, that doesn't conform to "community standards of decency" can be regulated. The fact is that most major networks censor themselves. The FCC's main pourpose is to ensure that limited bandwidth transmissions are being used for the good of all and not in an manner that doesn't conform to community standards and that it doesn't cause intereference with other technologies. Most people are also not aware the the "fairness" doctrine was removed during Reagan's term. The FCC has to maintain regulation over the physical technologies to ensure that they comply with standards of signal interference and quality. It is disturing to hear that they are being coopted to police digital rights which ISN'T thier job. All of this is moot anyway because the owner of the "News Corporation" from Australia has the chairman of the FCC in his back pocket.
THANK GOODNESS HIS FATHER HAD THE GOOD SENSE TO STEP DOWN, LETS HOPE HE HAS THE SAME INFLUENCE ON HIS SON WHO IS OBVIOUSLY DELUDED AND DRUNK WITH POWER.