FCC Claims Regulatory Power Over Home Computers

Pointing to Assistant Professor of Law Susan Crawford's blog, iman1003 writes "The FCC has filed a brief where it claims 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 according to a blog published by Susan Crawford. The blog can be found here and the brief here (in PDF format). Kind of scary if you ask me." Ars Technica has good commentary on this, also referencing Crawford's findings.

Their entire argument is fallacious at best

[EmagGeek]

"Congress hasn't said that we DON'T have the power to do this, so we're going to go ahead on the assumption that we do."

Uhhh, that's not the way the government works. A government agency must be given the authority to regulate by Congress, which is ultimately accountable to the People. A government agency can't just do whatever the hell they please just because they feel like it. They must have a mandate and be granted Congressional authority to do so.

Re:Shame

[Anonymous Coward]

Because Colin Powell lied more than 1,000 Americans died in Iraq. He sold his integrity for a title. I think I see where Mike gets both his moral compass and business acumen. A courageous man would tell the truth. Maybe I don't deserve it, maybe I can't handle it, but his brothers in arms did. Last I checked The Declaration of Independance didn't asipre to mark the beginging of a nation of children who were lead by lies by men without sufficent courage to speak the truth.

Whatever kind of man Colin Powell might have been, a man who lies to send his brothers in arms and other people's children to die is who he is now.

Re:Their entire argument is fallacious at best

[EvilTwinSkippy]

The FCC has jurisdiction over RADIO transmissions. The purpose of their power is to prevent one company from shouting the other out by installer a bigger amp. The radio spectrum is finite, thus it needs to be managed accordingly.

WiFi aside, computer communication is more akin to telephones. It's point to point, so there is no way in which an individual node can crowd out everyone else... at least once it's plug being pulled.

This is a power grab. Pure and simple. Nevermind that the Supreme Court has ruled on this sort of thing before. (And not in the agency's favor mind you.)

Re:And why folk outside the US should care too

[Meredeth]

Yep. And more pointedly, Australia has already agreed to enacting the DMCA as Australian law, in exchange for a free trade agreement. For your sake I hope the EU has enough clout to resist being forced to adhere to all of the conditions of the DMCA. I'm not against the principle of the thing, but there are some sections that make my blood run cold. Anyone who hasn't read it, should read it.

Re:voIP

[will_die]

you mean like this [com.com]?

THIS IS ZERO NEWS!!

[Phreakiture]

If any of you have been PAYING ATTENTION to your computers, you will find that ALL of them have an FCC logo on them indicating that they have passed certifications. Every computer must pass under part 15 regs, and if it connects to a phone line, it must also pass under part 68 regs. Thus has it always been.

You want the FTC, not the FCC

[Anonymous Coward]

Even if we accept your premise that the software/hardware industry needs regulation, the proper venue for such regulation is the Federal Trade Commission, not the Federal Communications Commission. Your complaints about business practices clearly fall under the category of trade regulation.

Re:Their entire argument is fallacious at best

[JPelorat]

Water off a duck's back. It's much more fashionable to pretend Bush is the first ever to do any of this and the only individual in DC doing it, whether or not he's actually got anything to do with it.

Re:THIS IS ZERO NEWS!!

[Fulcrum of Evil]

ALL of them have an FCC logo

You mean the logo indicating that the equipment in question doesn't spew excessive EM interference? That's different. Apparently, the FCC wants to regulate the content of your communications.

Re:Their entire argument is fallacious at best

[A nonymous Coward]

The reason we are *in* Iraq is because the analysts who provided accurate info were ignored because the white house made it really really clear what kind of info they expected. That idiotic line in the state of the union speech was the third or fourth time Bush had put it in a speech, but every prior time, the CIA check had gotten it removed because it was wrong. Bush kept putting it back in.

Re:Stupid power grab

[ad0gg]

I have an HDDVR, records hdtv shows perfectly fine. Some of the video cards output 1080i through component. Most HDTVs have both DVI and component inputs so you can use it as a computer monitor.

HD has more that just presentation perks, it also comes with digital sound something over the air has been lacking. It also comes with show information and station information, something over the air has been missing. And there's something to say about playing halo2 or GTA SA in cinematic perspective, or course you want to get technical its really outputting 640p and not HDTV(720 or 1080i).

Whats lacking on HDTV are movies, a dvd(pseudo 640p) can't compare to the quality of a 1080i broadcasted movie. Killer product for HDTV will be HDDVD or bluray. I find i'm constantly rewatching movies I've seen on HBOHD because it is simply amazing.

The real problem with HDTV is that I used to watch no TV, no I find myself watching it, now my gf thinks i pay more attention to the tv then her. Nevermind what I said above, I really hate the HDTV. It sucks. Don't get one, because .. [Can't finish the message now, Surivor in HD Is on]