Flag Baring

The movie and music industries have been relentless in their efforts to implement their execrable plan for a "broadcast flag" regulation—rules that would require technology makers to sell crippled products to serve the interests of content control, not consumers. First, they wanted the FCC to mandate it—but the courts helpfully reminded them that the FCC has no power to tell Dell how to make computers. Then they tried to get Congress to quietly slip it into a massive appropriations bill, but bloggers exposed the ploy, and techie pressure put the kibosh on it.

Now, The Electronic Frontier Foundation's Danny O'Brien outlines what Beltway buzz suggests may be their next attempt: Sneak provisions into a reconciliations bill that would require follow-up legislation fully implementing the flag. Of course, now that this potential tactic has been exposed, industry may have to try another route—or at any rate, it'll be much tougher for them to push through.