FCC Can Enter Your Home Without Warrant
Apparently, consumers who own a wireless router, cell phone, baby monitor, or other wireless devices can't refuse the FCC if the commission decides to come into the home for an inspection.
In fact, the commission doesn't even need a court order to enter the home and check the equipment, enabling the FCC the ability to come and visit during any time of day or night. Refusing the FCC access to the equipment could lead to a harsh financial penalty.
The FCC's policy was reintroduced to the public earlier this month when the commission went to investigate a private radio station in Boulder, Colorado. Unable to gain access to the equipment, located in a residential home, the FCC investigator left a copy of the 2005 FCC inspection policy taped to the door. “Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection,” the statement read. Another radio broadcaster refused to allow the FCC access to his radio equipment back in 2007, and was fined a whopping $7,000 by the FCC.
So what gives? Why do these people think they have the right to barge in unannounced? According to Wired, the FCC has enforced this policy for many years, mostly to track down and dismember pirate radio broadcasters. Unfortunately, the FCC reserves the same invasive maneuvers regarding any licensed or unlicensed radio-frequency device, leaving legitimate businesses and consumer wide open for an unwanted, unwelcomed visit.
According to the FCC, the source of its warrantless search power stems from the Communications Act of 1934, and its actions have gone unattested in court for the last 75 years, mainly because technology was limited to ham-radios and CB-radios on the consumer front. However, it's a different world now, the Digital Age, and most businesses and consumers own at least one cell phone, wireless router, or a wireless land line. Now the FCC has a much broader frontier than previous decades, and that has many protesters in an uproar.
“It is a major stretch beyond case law to assert that authority with respect to a private home, which is at the heart of the Fourth Amendment’s protection against unreasonable search and seizure,” says Electronic Frontier Foundation lawyer Lee Tien. “When it is a private home and when you are talking about an over-powered Wi-Fi antenna--the idea they could just go in is honestly quite bizarre.”
George Washington University professor Orin Kerr, a constitutional law expert, quoted a Supreme Court ruling in 1967, saying that the government cannot make warrantless entries into homes for administrative inspections; the 1967 ruling in fact specified that housing inspectors needed warrants to force their way into private residential homes. Kerr also noted that the FCC conveniently doesn't explain how it works around that ruling, or how it works around the Fourth Amendment in its official FAQ online.
FCC spokesman David Fiske said that the FCC reserves the right to inspect anything using RF energy, to make sure that the device(s) isn't causing interference. “The only right they have is to inspect the equipment,” he said, referring to the FCC inspectors. “If they want to seize, they have to work with the U.S. Attorney’s office.”
Consumers growing marijuana plants on the window sill or storing other illegal drugs within the homes are subject to prosecution, as anything the FCC discovers while inspecting the equipment--although completely unrelated to the current task--can be used against the consumer in court. Ultimately, this means that, should the FCC demand to check your wireless router due to suspicious transmissions, it's best to find a good hiding place for the bong.
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Welcome to the New World Order
Peter: They will clean up all your talking in a matter such as this
Brian: They will make you take a tinkle when you want to take a p*ss
Stewie: And they’ll make you call fellatio a trouser-friendly kiss
Peter, Brian, & Stewie: It’s the plain situation!
There's no negiotiation!
Peter: With the fellows at the freakin FCC!
Brian: They’re as stuffy as the stuffiest of the special interest groups…
Peter: Make a joke about your bowels and they order in the troops
Stewie: Any baby with a brain could tell them everybody poops!
Peter, Brian, & Stewie: Take a tip, take a lesson!
You’ll never win by messin’
Peter: With the fellas at the freakin’ FCC
And if you find yourself with some you sexy thing
You’re gonna have to do her with your ding-a-ling
Cause you can’t say penis!
So they sent this little warning they’re prepared to do the worst
Brian: And they stuck it in your mailbox hoping you could be co-erced
Stewie: I can think of quite another place they should have stuck it first!
Peter, Brian, & Stewie: They may just be neurotic
Or possible psychotic
They’re the fellas at the freakin FCC!
The good old U.S.S.A!
After reading this, According to all the facts, they have the right to test/inspect any of your equipment that produces rf. Well then use the 4th amendment to keep them out of your house, but bring all of your wireless junk to the door and tell them to inspect it outside
After reading this, According to all the facts, they have the right to test/inspect any of your equipment that produces rf. Well then use the 4th amendment to keep them out of your house, but bring all of your wireless junk to the door and tell them to inspect it outside
They will send a SWAT team and hold you at gun point while doing their search in your house.
Welcome to the good old USSA under the New World Order.
They can hardly measure it. Many people these days have Wireless N devices, that will give signal to almost the whole neighborhood.
Wireless N is not illegal. Just place it in your attic so the rest of the people could have their black network (aka router to share files amongst the neighborhood).
They still can't legally enforce it without a probable cause that would revolve around radio transmissions, I doubt most people are running pirate radio stations off their baby monitors, and if they do try to unjustly enforce it, I imagine the victim could take it to the Supreme Court and have this ancient act removed. The real question is if stealing your neighbor's wireless connection could count as justifiable cause.
Another example of laws becoming quickly outdated. Hopefully they'll change that law so ppl in the States won't get their privacy revoked.
If you read the FCC decision referenced in the article, it said that the fine was reduced to $225, based on the offender's inability to pay the full $7000. I'm guessing he didn't have enough money to raise a constitutional challenge, and the reference did not indicate any attempt to challenge the fine on constitutional grounds.
You know, I usually smirk when I see folks whining about an invasion of their privacy since anything you do in public isn't really a private matter. But being able to come into someone's home to search without a warrant? That is rather disturbing.
The warrant system is there for a reason. I'm really surprised the $7,000 fine in the article above went through since we are clearly protected by the constitution. Either his lawyer was a puttz or the jury consisted of the same folks sitting in on these RIAA hearings.
Faraday cage for your house. Place a solar powered repeater in a neighbors tree, use a canteena in your home pointed at the repeater. Profit.
This is fun to hear.
Long live the good ol' Canada!
Here's my question... has this actually ever been abused in the last decade?
"Hides bong"
But being able to come into someone's home to search without a warrant? That is rather disturbing.The warrant system is there for a reason.
The warrant is becoming a joke already. Police do dynamic entry on crack house all the time, and people generally can't exert their fourth amendment right during a traffic stop. Try that at your own risk. The only thing that still prevent the US from becoming a police state is that you can still sue the government for big fat compensation after they do wrong to you.
The radio spectrum is a public resource. Where people choose to polute this public resource with spurious and illegal transmissions, it is reasonable that the government has the power to stop this.
There aren't many radio inspectors out there. They aren't obsessed with issuing fines - they just have interference and safety problems they need to clean up. If they are knocking at your door they pretty well know exactly what is going on already. How do you think they arrived at your door? The signals being transmitted from your house were causeing significant interference to someone who complained. When the complaint was investigated the signal was big enough and loud enough to lead them straight to your front door.
this is a violation of the constitution and a violation of our rights as citizens. how the hell did this got passed?
I used to have my amatuer radio license about 15 years ago and yes the license is issued by the FCC and with it the right of the FCC to inspect only the radio equipment no mater if is in a private residence or not. Most hams have what they call a seperate "shed" where they setup the equipment. By doing this the FCC cannot search the actual home without a warrent only the "shed". However has technology has progressed the 1934 act as not really kept up in regards to wireless technology as it exists today what with digital signals and the act only technically gives them this right. However to really think the FCC is going to come to your door because you own a baby monitor or wireless router is very nill. Besides there are so many out there why would they even bother. In regards to hams they really only do very spotty checks, most of the time they only show up if the broadcast attached to your ID is interfering with something or are broadcasting on bands without the proper license.
Just for information sake, unless the rules have changed, you do not need a FCC license for CB's (Citizen Band) or scanners (depending on your state)
As a private US Citizen and full use of the 2nd amendment, I have the right to unload multiple rounds of Black Talon 40 cal rounds into anyone trying to enter my home anytime day or night without a warrant or prior notice. How about that. Clinging to my religion and large caliber and legal guns.
As a private US Citizen and full use of the 2nd amendment, I have the right to unload multiple rounds of Black Talon 40 cal rounds into anyone trying to enter my home anytime day or night without a warrant or prior notice. How about that. Clinging to my religion and large caliber and legal guns.
I gotta get me one of those
the FCC can suck my d--- and if they want to hit me with a fine , so be it .. not like they wil ever see a single peny form my broke ass. I'll just file chapter 11 and they one get one red cent outta me.
So does this mean they can come into my lab when I have my Tesla coil cranking out RF noise? That would suck for them. 400k volts to the head would ruin their day.
I'll just pretend I'm not at home
I have to agree with soldier.. You force your way into my home without reason theirs gonna be some huge problems. I'm not a conspiracy nut or anything like that, but I do believe in the constitution and feel as the government is getting way to ballsy on what they try and do.
I don't blame the FCC guys *the ones that actually come to the house* because by all rights their just following orders, and I would give them the option. Try and follow the order, and possibly get killed, or walk away.
I don't wish dish on any one, but it's gonna take something like that to make it news worthy. And even worse their gonna have to do to somebody who is completely legit as in not doing anything wrong. To get the people to understand and start fighting against it. If the even found a simple joint the FCC would say, "hey but look what we found". And to many idiots would by it.
As a private US Citizen and full use of the 2nd amendment, I have the right to unload multiple rounds of Black Talon 40 cal rounds into anyone trying to enter my home anytime day or night without a warrant or prior notice. How about that. Clinging to my religion and large caliber and legal guns.
Bad argument, only because the right to bear arms was not orginally intended to be used like that (although the amendments were written to be interpretted because of changing times, but I digress and dont want to start this kind of topic)
Either way I think that the courts should change this though since times have changed.
I will start this comment by saying that I do not agree with the FCC's initial decision to fine the guy $7000. However, the guy did at some point apply for, pay for, and sign for a license. He may have even applied for, paid for, and signed for a renewal of said license. The agreement and rules of that license would be apparent to anyone who reads them and tries to know something about what they are applying for, paying for, and signing for.
I also don't like the fact they have to come in that very second to see, even if there is no one present to let them in or to change things before they can see.
As far as little devices (i.e. wireless routers, wireless phones, etc) go, they have been classified and licensed with the FCC via the manufacturer to meet certain criteria for a personal device rating that basically means that it may or may not cause interference with other devices like it around your home, but they will not interfere with any major broadcast equipment. These devices are really not even close to the same ballpark as mediocre radio station equipment much less anything the FCC should concern themselves with inspections about.
You also have to realize that the FCC isn't going to come kick your door in because your microwave oven is a piece of crap and leaking a little RF or your wiesless router has been tweaked and it putting out a few more mW than designed. They go after idiots that do things that, either intentionally or unintentionally, interfere with other public services such as TV, emergency communications, FM radio, etc... Chances are your tweaked router isnt going to have the same effect on the neighbors as say....broadcasting a radio show on how to cook meth that little Timmy (as well as everyone within a 5 mile radius) picks up on their FM radio across several MHz of bandwith because you're using a $10 tube type transmitter from the flea market with bad caps and a broken frequency dial and have no idea what channel you're transmitting on, and then do this for hours on end. That kind of thing draws attention usually.
Sorry but this has been like this forever. This is nothing new. If your broadcasting a signal that everyone can hear you don't think that's a national security issue to make sure that is clamped down and monitored?
you have to be out of your mind to want something like that go rampant.
Once again the fear mongers strike again.
Actually thisisme the 2nd amendment was written exactly for that reason, they wanted to grant protections from criminals and corrupt governments, try reading the federalist papers.
OOPS, I meant Surfer1337dude, sorry!
Bad argument, only because the right to bear arms was not orginally intended to be used like that (although the amendments were written to be interpretted because of changing times, but I digress and dont want to start this kind of topic)Either way I think that the courts should change this though since times have changed.
You must have been taught about the Constitution and the Bill of Rights by people who know absolutely nothing about them. The 2nd amendment was gives us the means to protect our other rights and the founding fathers designed it that way.
Funny...no, sorry, its not funny, just sad actually...how many insidious laws that were created in the 30's, are still on the books today. "Stamp act" of 1937, anyone?
So long as people are comfortable letting others tell them what there morals should be, brainwashing wont even be necessary. I'm not a conspiracy theory nut, but its not hard to find corruption in any place where people hold power over others. Just so sad that it all comes down to choices people made for the benefit of themselves.
Sad that in a country so full of abundance, that we have so much greed as well.
Sorry but this has been like this forever. This is nothing new. If your broadcasting a signal that everyone can hear you don't think that's a national security issue to make sure that is clamped down and monitored? you have to be out of your mind to want something like that go rampant.Once again the fear mongers strike again.
You have no idea how this country was founded do you... Time to go read up on your history, and not the one in that bible of yours.
So much of our rights are derived from the knowledge that those in power are easily corrupted, and the "People" are often the victims of that corruption. We are constantly turning into a nation that our forefathers were trying to save us from, after fighting a war with a tyrannical government who did not respect personal rights for the people who started this nation.
How much personal freedom are we to give up for the "perception" of safety?