In an opinion that is bound to stir fierce debate over television broadcast piracy protections, the U.S. Court of Appeals struck down the Federal Communications Commission’s “broadcast flag” regulation meant to set out anti-piracy guidelines as the country’s broadcast television stations switch to digital technology.The federal court said the FCC went beyond its authority by ordering television set manufacturers to include anti-piracy technology to prevent the unauthorized copying of digital television programs.“In this case, all relevant materials concerning the FCC’s jurisdiction – including the words of the Communications Act of 1934, its legislative history, subsequent legislation, relevant case law, and commission practices – confirm that the FCC has no authority to regulate consumer electronic devices that can be used for receipt of wire or radio communication when those devices are not engaged in the process of radio or wire transmission,” wrote Judge Harry T. Edwards in the opinion. Gartner2 analysts said the ruling creates much uncertainty as to how digital television will develop.“The ruling increases confusion and adds delay to the digital television tran-sition,” Gartner analysts said. “It hits hardest at over-the-air broadcasters and favors pay-TV providers, including satellite and cable (with many years ex-perience at conditional access) and nascent Internet Protocol television (IPTV) using true digital rights management (DRM) technologies.” The case was brought by consumer groups, including Public Knowledge, Consumers Union, the Electronic Frontier Foundation and the American Library Association, which all pushed for access to digital content. “This case is a great win for consumers and for technology innovation,” said Gigi B. Sohn, president and co-founder of Public Knowledge. “Had the flag been implemented, Hollywood, acting through the FCC, would have been able to dictate the pace of technology in consumer electronics.”Dan Glickman, President and CEO of the Motion Picture Association of America, disagreed.“This is a disappointing decision and could create a digital television divide by slowing or eliminating access to high quality digital programming for some consumers. “Television audiences – whether they subscribe to cable or satellite service or not – are benefiting from the higher quality picture of digital programming,” Glickman said. “If the Broadcast Flag cannot be used, program providers will have to weigh whether the risk of theft is too great over free, off-air broadcasting and could limit such high quality programming to only cable, satellite and other more secure delivery systems.”“Without a ‘broadcast flag,’ consumers may lose access to the very best programming offered on local television,” said National Association of Broadcasters President and CEO Edward O. Fritts. “This remedy is designed to protect against unauthorized indiscriminate redistribution of programming over the Internet. We will work with Congress to authorize implementation of a broadcast flag that preserves the uniquely American system of free, local television.” The battle over broadcast flag many indeed head to the U.S. Congress. “A new law could be created to narrowly extend the (FCC’s) jurisdiction, but only behind all the lobbying muscle of the Motion Picture Association of America and National Association of Broadcasters,” Gartner2 analysts said. “The loose consortium of companies that won approval for their technologies may continue to work on protection for broadcast content, but they will not enthusiastically support another expensive campaign to gain approval.“The ruling should result in more consumer control over household use of broadcast content, one of the chief aims of the groups challenging the broadcast flag,” Gartner2 said. “The unfortunate side-effect will be reduced flow of new and enhanced programming that could make digital broadcasting truly valuable to viewers.” Technology Industry