Editing Broadcast flag (section)

== Current status ==
In ''American Library Association v. FCC'', 406 F.3d 689 (D.C. Cir. 2005),<ref>{{cite web|url=http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf |title=USCA-DC Opinions - Search - 04-1037b.pdf |publisher=Pacer.cadc.uscourts.gov |access-date=2012-01-12}}</ref> the [[United States Court of Appeals]] for the [[United States Court of Appeals for the District of Columbia Circuit|D.C. Circuit]] ruled that the FCC had exceeded its authority in creating this rule. The court stated that the Commission could not prohibit the manufacture of computer or video hardware without copy-protection technology because the FCC only has authority to regulate transmissions, not devices that receive communications. While it is always possible that the Supreme Court could overturn this ruling, the more likely reemergence of the broadcast flag is in legislation granting such authority to the FCC.

On May 1, 2006, Sen. [[Ted Stevens]] inserted a version of the Broadcast Flag into the Communications, Consumer's Choice, and Broadband Deployment Act of 2006.<ref>{{cite web |author=Stevens, Ted |author-link=Ted Stevens |title=Communications, Consumer's Choice, and Broadband Deployment Act of 2006 |url=http://commerce.senate.gov/pdf/06telcom.pdf |date=2006-05-01 |access-date=2006-07-07 |archive-url=https://web.archive.org/web/20060702203530/http://commerce.senate.gov/pdf/06telcom.pdf |archive-date=2006-07-02 |url-status=dead}}</ref> On June 22, 2006 Sen. [[John E. Sununu]] offered an amendment to strike the broadcast and radio flag,<ref name=bill4>{{cite web |url=http://www.publicknowledge.org/node/475 |archive-url=https://web.archive.org/web/20060701092649/http://www.publicknowledge.org/node/475 |url-status=dead |archive-date=2006-07-01 |title=Sen.John E. Sununu amendment |publisher=Publicknowledge.org |access-date=2012-01-12 }}</ref> but this failed and the broadcast-flag amendment was approved by the [[United States Senate Committee on Commerce, Science and Transportation|Commerce committee]]. Nonetheless, the overall bill was never passed, and thus died upon adjournment of the 109th Congress in December 2006.

On May 18, 2008, [[News.com]] reported that [[Microsoft]] had confirmed that current versions of [[Windows Media Center]] shipping with the [[Microsoft Windows|Windows]] family of operating systems adhered to the use of the broadcast flag, following reports of users being blocked from taping specific airings of [[NBC]] programs, mainly ''[[American Gladiators (2008 TV series)|American Gladiators]]'' and ''[[Medium (TV series)|Medium]]''. A Microsoft spokesperson said that Windows Media Center adheres to the "rules set forth by the FCC".<ref name=wmc1>{{cite web |last=Sandoval |first=Greg |url=http://www.news.com/8301-10784_3-9946780-7.html?tag=nefd.riv |title=Microsoft confirms Windows adheres to broadcast flag |publisher=News.com |date=2008-05-18 |access-date=2012-01-12}}</ref>

On August 22, 2011, the FCC officially eliminated the broadcast flag regulations.<ref name=fcc1>{{cite web|url=http://www.politico.com/news/stories/0811/61851.html |title=FCC eliminated rules |date=22 August 2011 |publisher=Politico.com |access-date=2012-01-12}}</ref>