Screaming Penguin - Source Does Matter

Isn't it funny how Congress can complain about constitutional officers in the Judiciary executing exactly the role Hamilton and the Federalists envisioned for them, but the will completely abdicate authority over perhaps the most important reglatory aspects of the information economy to the Executive?

Less than a week after a federal appeals court nixed the Federal Communications Commission's plan to forcibly implant anti-copying technology into digital TV tuners, Hollywood appears to be turning to Congress for some legislative aid.

Advocacy group Public Knowledge, which sued to challenge the FCC's broadcast flag, says it has obtained a copy of the Motion Picture Association of America's draft legislation.

The draft bill says, simply, that the FCC will "have authority to adopt regulations governing digital television apparatus necessary to control the indiscriminate redistribution of digital television broadcast content over digital networks." The DC Circuit nixed the flag on the grounds that the FCC didn't have the authority. This language would clear that up.