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.
Go to Michael Badnarik's "constitution class" on Youtube. It's pretty long (There are 42 10 minute sections) He covers the Bill of Rights and all of the freedoms we DON'T have anymore. Our government is so corrupt, so illegal and so far away from the the Constitution and Bill of Rights it was founded on it's stupid. This is nowhere near the United States it started to be and was supposed to remain. Dick Cheney murdered 3000 people on 9/11 and we haven't done anything about it. The "axis of evil" was the Bush administration. If we want the country back, we can't sit on our asses while they take it away
it is "legally" illegal for them to make us buckle up in our own vehicles. Entrapment used to be illegal also. "Illicit" drugs are also illegal; they sell blunts...baggies...scales...stashers...ok...they can do what they want. Our freedom was sold...is still being sold..turned into money
One word: Waco
What rights, what freedoms, your government has been taking them away for years. Your not allowed to walk the streets without I.D. to prove who you are, the Law says so. Try going to a meeting of YOUR elected officials, you need their permission in order to talk at a public meeting, what rights. Wake up people you have no rights. You have only the rights and freedoms they want you to have, The Constitution is a useless piece of paper that your government treads over on a daily basis.
you fools. you know nothing of the laws. do you know what "exigent circumstances" means? Then of course your reply will be "Yeah, but they have to hear deathly screams or something in order to enter." How about... Officer Bob SAYS he heard deathly screams, and heard something that sounded like a gun shot. BOOM, now he has LEGAL access to your home, business, etc. WITHOUT a warrant or anything to back it up. It is THAT easy. Read the Patriot Act.
So theoretically, the FCC can come into my home to inspect my Wi-Fi and my car key fobs? Well, theoretically, space invaders could also send flying killer orbs to home in on my RF signals, too. I'm not losing sleep over either possibility. I'll leave that for the paranoid types.
The Bilderberg Group!!!! Get ready for Obamas Socialist Party!!!let the FCC take over,let the government choose who has the right to health care,let the same corrupt government educate your kids with the ideas that they want them to have!Stop living in fear,and speak up against your rights! Even Canada is upset with the American people,they wish they had as many freedoms as we do,and yet we do nothing to keep them!
Poster #30 (middlenamefrank) the 2nd amendment says: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." I dunno what you think a militia is "we the people" are the militia. Under the constitution we have an obligation to question our leaders, sadly people have become to fat and lazy (which is our fault) or busy (which some would say just the way they want it.) Pretty soon we will be standing in lines to get bread and milk, and just handing out pay checks to Obama and expected to smile about it!
Hey dcsoccer25 your freedom is and has been gone for sometime. Your State Game and Fish commission officers do not need to have a warrant for search and seizure. ANYTHING.......ANYTIME......ANYWHERE
It's only scary if you are the person with stolen cars or the like on your property. If not, then you have reason to complain. But I won't complain for those who make their lives easy on the blood and sweat of someone else. They deserve what they get and the truth be know, probably much more than the law dish out.
I deal with the FCC on a routine bases, If you don’t want them knocking on your door, then transmit outside of your license or transmit unlicensed in a licensed spectrum. The FCC doses not even have enough investigators to track people who hijack Police radio frequencies. What makes you think they have the time to "electronically search your home". Also just remember this, if you willfully transmit something, I can intercept it. Legally or not, If you transmit, it can be intercepted. So turn on WEP and maybe get some encryption software. Also buy a Gun, Piss off a liberal.
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66 Posted by polecat5128 on Wed Jun 17, 2009 4:38AM EDT Report Abuse
If you think this is bad, look up the admiralty law. then consider how that would work when used along with this law.