We continue with more commentary from interested parties regarding the Supreme Court's Monday triple play involving Brand X, Grokster and confidential source shielding. Today: Ted Stevens (R-AK) and Daniel Inouyu (D-HI) of the Senate Commerce Committee on Brand X and Grokster, NCTA's Kyle McSlarrow in Brand X, Newspaper Guild's Linda Foley on shield, and ASCAP's Marilyn Bergman on Grokster.

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Brand X Comments

Joint statement of Senate Commerce Committee Chairman Ted Stevens (R-AK) and Co-Chairman Dan Inouye (D-HI): "We are carefully reviewing the Brand X decision reached by the Supreme Court today. Brand X involves the legal treatment of cable modem services, and the decision announced today will have a number of complex policy implications for the communications industry and consumers. Specifically, we will review the decision's impact on existing public interest obligations, including its effect on the Universal Service Fund, the provision of 911 services, access for persons with disabilities, consumer privacy protections, and on law enforcement and anti-terrorism activities. We will also be reviewing how this decision affects Internet Service Providers (ISPs), interconnection issues, as well as its implication on the proper regulatory treatment for DSL services. All of these issues deserve careful consideration, and we look forward to examining the Brand X decision in the context of our review of current communications laws. Such action will permit us to consider what steps may be necessary from the Congress or the Federal Communications Commission to ensure that our communications laws preserve competition and protect the interests of consumers."

Kyle McSlarrow, President & CEO, National Cable & Telecommunications Association: "Today's Supreme Court's decision is a victory for consumers and maintains the momentum to advance broadband in the U.S. Classifying cable modem service as an interstate information service, as the FCC did, keeps this innovative service on the right deregulatory path."

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Shield comments

Linda Foley, president of The Newspaper Guild-CWA: "These two reporters have been singled out by federal prosecutors even though many others have covered the issue. That amounts to a selective determination about who is and who is not entitled to protection under the First Amendment. This can only further harm the public's right to know and weaken a key element of our democracy, freedom of the press. This case in particular is being used as a way to censor journalists, and represents a real abuse of power that will have a chilling effect on reporters, and on the public's ability and right to know about the workings of its government."

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Grokster comments

Marilyn Bergman, President and Chairman of the American Society of Composers, Authors and Publishers (ASCAP): "I applaud the unanimous Supreme Court decision in MGM Studios vs. Grokster. It sends a clear message that P2P enterprises like Grokster and Kazaa cannot use the intellectual property of songwriters, composers and other copyright owners as start-up capital for their businesses. The P2P business model relies on the use of our music, as well as movies and other creative works, without permission or payment to the creators and copyright owners, and therefore is outright theft. On behalf of the over 210,000 songwriter, composer and music publisher members of ASCAP, I hope that the decision will strengthen the public understanding and respect for the rights of America's creators to make a living from their work, which so enriches our nation and the world."