In a surprise move today, a Federal appeals court struck down the FCC’s proposed “broadcast flag“. The broadcast flag is an anti-copying scheme for digital broadcasts which the FCC was trying to force on all consumers, and into all devices capable of receiving and recording a digital broadcast. The broadcast flag was to become required in all such devices effective on July 1st of this year.

However, according to the decision this morning by the United States Court of Appeals in the District of Columbia, the FCC has far overstepped its bounds in trying to exercise authority over electronic devices, their manufacture, and what consumers may do with them.

Indeed, the Court observed that “The FCC argues that the Commission has “discretion” to exercise “broad authority” over equipment used in connection with radio and wire transmissions, ‘when the need arises, even if it has not previously regulated in a particular area’”.

But the Court was clearly not impressed with the FCC’s argument. They start the decision by lambasting the FCC, observing that…

[Breaking News! Court Strikes Down FCC's Broadcast Flag, Continued]