Tue May 26, 2009 12:47PM EDT
See Comments (77)
We're surrounded by wireless gizmos -- cell phones, cordless phones, Wi-Fi networks -- day and night and at home and at work. But did you know the FCC can enter your home whenever it would care to in order to inspect all that gear? And they don't need a search warrant to do so.
Wired reports on this long-lingering policy of the FCC, which was originally designed to ensure that people aren't encroaching on regulated portions of the wireless spectrum from way back in the early days of radio -- the main idea being to knock pirate radio stations off the air and to ensure that gear isn't causing interference in parts of the spectrum where it doesn't belong. One can imagine this could be a big problem in areas near military installations, should a consumer decide to fire up a transmitter that garbles a critical Air Force communications band, so some measure of oversight is certainly a good idea.
But times have changed since then -- the original act that allowed the searches dates back to 1934 and its constitutionality has never been seriously tested in courts -- and the world of wireless is a far different beast than it was when only the occasional citizen owned a CB or a ham radio and wanted to broadcast from his car or apartment. Now, just about everything we use on a daily basis is seemingly subject to regulation by the FCC.
That has an increasing number of experts alarmed, as the FCC's jurisdiction stretches beyond just computers and cell phones to baby monitors and remote control key fobs for your car. It's safe to say that nearly every household in America would be compelled to open its doors for the FCC on request so the agency could investigate at its whim whether you're breaking the law. Refuse to let them in, and fines can run into the thousands of dollars.
Privacy advocates are specifically worried that the FCC could become (and arguably has already become) a tool of law enforcement to gain quick and easy entry into a home, where feds can search for additional transgressions unrelated to wireless technology once they have a foot in the door, no warrant needed. A 1987 Supreme Court case suggests this has already happened at least once, and has been upheld, after officers found stolen vehicles and prosecuted while performing an unrelated wireless investigation at an auto junkyard.
A little scary, eh?
Join in the discussion. Here you'll see the comments in the order they were posted.
This is immoral. Warrants should be required no matter what. I honestly would have no problem with someone shooting an FCC employee because they violated basic human rights. This is coming from a Democrat... who believes that common sense is better than a set of rules that are applied to everyone regardless of the situation. So, although there MIGHT be situations where a warrant isn't warranted... sigh... such as during a hostage situation or with someone known to have a nuke under their bed (or at least I think they shouldn't need warrants)... in this case it is obvious that warrants are needed to protect innocent people's basic human rights. Sigh.
I have nothing to hide, so why would I care if the government searches my Wi-Fi, or any digital footprint? As long as there is no crime committed, they certainly don't care what your life is about. If you have something to hide, then perhaps it is not a bad idea that you are a target for search and seizure.
@ neverbl803 because i dont want some hacker piggybacking their systems and looking through all my files
If that is so, then they can find out who shot that young 21 year old girl celebrating her birthday in the Gas Lamp Quarter. So many people were taking cell phone video and pics of the shooting outside that club and authorities are asking peeps to step forward. Why don't they just take what they need if this is the truth and they can do it. No is coming forth to help police
I am suspicious of the intention of most news articles these days and that is as it should be. Was this deliberately published to make people afraid of saying what they believe on the internet or for that matter using the internet? I don't even believe we are under our own constitution right now. I believe our government is going by the United Nations Constitution. Militia men were called PATRIOT'S and were looked up. Militia's are not a bad thing and should not be looked at as such. We should question everything. That is what is or was always encouraged in school, so now it's a bad thing to question and not necessarily agree. If you don't agree, now you are a terrorist.
I'm afraid the constitution no longer carries any weight, friends. Poor dcsoccer would be justified in her/his stance but would likely become another Waco story and nothing more because the citizenry is lulled so easily by media (read propaganda machine). Thanks anyway Patrick Henry
Aas stated in the article the law has not been tested in court. Who knows when and if it will ever happen and what the result would be. Let's spend time worrying about real threats like shifts of the magnetic poles, uncharted asteroids destroying half the planet and the fact bloggers love stirring up hysteria over bogus issues
I with dcsoccer25,and hpedraz1.My brother gave his life for this country,so that we the people can have rights and freedom
According to the UCC (which is the law of the land) the United States only exist within the confines of the District Of Columbia, therefore all Federal organizations only have lawful authority within said confines.
the way to fix that problem is to HACK them and shut them down , so all you so called hackers do it today and see if they dont back down.
Guess I said too much about unlawful activities of the gubment, since my post went away.
Amen to that dcsoccer25. That same rule applies in my house. If the rest of these "sheeple" whould realize this and take a stand, "Big Brother" would not have a chance. "The answer to 1984 is 1776" -Alex Jones
That sucks
WOW, Big surprise some Bureaucrats with an OVERARCHING power to Wield. ABUSE of this FCC "POWER" is a certainty, SO in the Meantime as U wait to become a "VICTIM" of "THE MAN" or should I say "SOME LITTLE MAN", SEE if U can FIGURE-OUT HOW?? A "CONSTITUTIONALLY LIMITED" REPUBLIC, i.e. The United States of America,(is being USURPED,STOLEN, and generally PISSED-ON in '2009.) Which is a "POLITICAL-ECONOMICAL-SOCIAL" SOLUTION to the MANY ILLS that Empires and Kings and Royal Families and TYRANTS......Have caused and propagated for their "benefit" at YOUR "EXPENSE". "WE" are not a "DEMOCRACY" or any other SILLY Euphemism like "PROGRESSIVE" or literally "SOCIALIST" or "COMMUNIST". WE are AMERICANS and I am ASHAMED That at Present OBAMA can spend MORE MONEY THAN GOD but it's "OK" and Will?? OBAMA KILL OSAMA. I Think NOT..."CHANGE" belongs in your pocket, NOT in the CONSTITUTION. "CHANGE" is HOW THE FCC CAN SUBVERT YOUR RIGHTS AND FREEDOMS, and HOPE NO-ONE OBJECTS or CHANGES -THE LAW....HMMMM
neverbl803 -If you have nothing to hide then can I assume you don't have any curtains, blinds or shades on your windows? i.individualsoul -You need to go to college and take courses on political science and economics. A course in logic would help too. You are getting on Obama's case because he hasn't killed Bin Laden yet. GW Bush tried from 9/11/01 until 1/20/09 (inauguration day) to kill or capture Bin Laden. Don't get all of your news from Rush. Thank God the Bush administration didn't know about this FCC loophole in the constitution.
Let them search, I have nothing to hide! Yeah, it sucks that our rights are pretty much non-existent. Our forefathers would turn in their graves. However, it too, is a different world we live in today. I agree with dcsoccer, but you can't fight "city hall" and win the game and there's nothing we can do about it. Period.
Yes it's only a matter of time b4 we as a people of earth will have to bow down to the few in power. we need to stand with one united voice and say to those who manipulate the world we have had enough. but we have become lazy and stupid, just the way they want us....look at the world through your heart instead of your eyes... when will the sleeper within you awaken? are you ready for THE NEW WORLD ORDER?
so lets use our technology to protect our freedom the right way so things dont get out of hand, (any more than they already are), we can all start a list, sign our names, text & send it to everyone we know & when the list has 1,000 people we just e-mail or text or im it to the legislators or proper people and with enough signatures from the public we can get things changed and keep more of our rights in-tact :)
we Can do something. we did something a long time ago and now we have the U.S.A. we do "NEED CHANGE" and it wont come from the lips of liars and politicians. Do you people really think that our gov has "our" best interests at hand? i say bring forth the 3rd war and lets begin again with a little more forthought.......they're listening to us all.. and they i say "let them listen to the roar of something terrible on the horizon".... til then lets continue to numb ourselves w, food, sex, money, whatever keeps us from the truth, sleeptight
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6 Posted by nemo_shadows on Tue May 26, 2009 6:36PM EDT Report Abuse
Just another example of practice versus intent and the fact is there is NO reason what so ever for any agency to enter without a warrant as a matter of FACT they have the equipment to monitor ALL transmissions and determine whether or not those transmissions are interfering with other bandwidths WITHOUT entering your home and THAT IS protected under the constitution for both parties and to use that particular section even the FCC has to have "Probable Cause" BEFORE they enter the premises, band width infringement IS "Probable Cause" and a warrant should be easy to obtain EXCEPT in the presence of Criminal Activity or direct eminent threat to National Security ~Nemo~