Federal judges in Washington have accused the Federal Communications Commission of making a power grab, The Hollywood Reporter said Wednesday.
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The paper said a three-judge panel of the U.S. Appeals Court leveled the accusation in a case involving commission rules requiring electronic devices include copyright-protection technology to prevent illegal distribution of digital content.
The rule calls for the technology to be added July 1 to a range of consumer products, including televisions, personal computers and digital recording devices. It allows entertainment companies to designate programs that viewers may not copy and distribute over the Internet.
U.S. Circuit Judge Harry Edwards said the FCC "crossed the line" by issuing the orders to electronics makers without authorization from Congress.
"You can't regulate beyond that line without express congressional direction," he said.
Lawyers for the FCC argued Congress had given the commission "unambiguous" power to "facilitate" the transition from analogue to digital electronic technology.
Judge David Sentelle acknowledged entertainment companies might program less high-quality content at the risk of piracy, but he said that is not the FCC's problem.
"It's going to have less content if it's not protected," he said, "but Congress didn't direct you to maximize content."