Mike Godwin @ Godwin's Law, explaining why he believes Congress will find it hard to reinstate the broadcast flag: "It turns out that the broadcast-flag scheme is so fundamentally brain-damaged, conceptually, that there's no way to implement it without the FCC's reaching out to regulate all sorts of consumer devices and information technology. And this factor is what links the jurisdictional argument that sank the regulation to the substantive argument against the flag -- the only way to make the regulation work at all is for the FCC to assume (or have Congress grant) broad jurisdiction that the Commission has never had before.

It would be ironic to see a Republican Administration and a Republican-dominated Congress turn the FCC into a massive tool of industrial policy, but that's precisely what will happen if any version of the broadcast flag scheme is approved by Congress and sent back to the FCC."