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FCC Reserves the Right To Search Your Home, Any Time

Posted by timothy on from the who-are-you-to-disagree dept.

mikesd81 writes "Wired.com reports that you may not know it, but if you have a wireless router, a cordless phone, remote car-door opener, baby monitor or cellphone in your house, the FCC claims the right to enter your home without a warrant at any time of the day or night in order to inspect it. FCC spokesman David Fiske says 'Anything using RF energy — we have the right to inspect it to make sure it is not causing interference.' The FCC claims it derives its warrantless search power from the Communications Act of 1934, though the constitutionality of the claim has gone untested in the courts. '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.'"

21 of 589 comments (clear)

  1. And I reserve the right... by dreemernj · · Score: 5, Funny

    ...to place bear traps around my router.

    --
    1 (short ton / firkin) = 89.1432354 slugs / keg
    1. Re:And I reserve the right... by Altreus · · Score: 5, Funny

      Granted, as long as you post a warning sign in advance.

      Or display a EULA after they've been trapped.

      Both are valid.

      --
      74.117.115.116 32.97.110.111 116.104.101.114 32.80.101.114 108.32.104.97 99.107.101.114
    2. Re:And I reserve the right... by Missing_dc · · Score: 5, Funny

      That seems as though it would make livestock fences a legal nightmare.

      Somehow I doubt thats why the sheep out there are so nervous.

      --
      How amazed would you be to suddenly find that you just forgot what I wrote and you needed to reread my post.... again.
    3. Re:And I reserve the right... by TapeCutter · · Score: 4, Funny

      It's an anti-booby trap law, people who are "booby-traped" by a livestock fence (often a stone wall) are considered dumber than livestock and are not protected.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    4. Re:And I reserve the right... by SirKron · · Score: 3, Funny

      That is why I have a EULA on all my doors and windows.

      "All users entering such premise is accepting all liability during this and subsequent visits. The homeowner is under no liability and expresses no warranty for any difficulties the vistor occurs during their visit. Beware: domicile contains lead and all visitors to this domicile accept the risk they may be injured, maimed, or even killed by lead vapor, or the actual lead bullet."

    5. Re:And I reserve the right... by blincoln · · Score: 3, Funny

      I'm not even going to check to see if you're still breathing till I'm changing to my 3rd clip.

      I'm only saying that because I care, cayenne8: there's a lot of decaffeinated brands on the market that are just as tasty as the real thing.

      --
      "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
    6. Re:And I reserve the right... by Chris+Burke · · Score: 2, Funny

      Beware: domicile contains lead and all visitors to this domicile accept the risk they may be injured, maimed, or even killed by lead vapor, or the actual lead bullet.

      "Domicile contains substances known by the state of California to kill your sorry ass with extreme prejudice."

      --

      The enemies of Democracy are
  2. Key's under the rug... by Anonymous Coward · · Score: 1, Funny

    Whew good thing, I don't have either of those technologies in my cave or in my summer home (mother's basement).

  3. Only after they speak with my lawyers... by MasterOfMagic · · Score: 5, Funny

    Only after they speak with my lawyers Smith & Wesson.

    1. Re:Only after they speak with my lawyers... by drinkypoo · · Score: 3, Funny

      I prefer Messrs. Mausers' oratory style. It projects far better.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  4. Re:Knowing Government "Intelligence"... by FluffyWithTeeth · · Score: 3, Funny

    Uh, he's the one that gets paid legal bills.

    He's a lawyer.

  5. Re:As any ham can attest to... by Larryish · · Score: 4, Funny

    Guess it's time to change the frequency on my 5 watt FM transmitter to something other than the local Christian station.

    But I just KNOW they like listening to 24/7 Slayer. I just KNOW it.

  6. Other sources of radio frequencies by Jamamala · · Score: 1, Funny

    So does this also mean they can search my home if I'm connected to the AC grid, have a microwave or have somehow acquired a quasar?

    1. Re:Other sources of radio frequencies by Anonymous Coward · · Score: 1, Funny

      So does this also mean they can search my home if I'm connected to the AC grid, have a microwave or have somehow acquired a quasar?

      Where the hell would you keep it?

    2. Re:Other sources of radio frequencies by Artifakt · · Score: 2, Funny

      They can have my quasar when they pry it from my gravitationally warped, isotopically transmuted fingers.

      --
      Who is John Cabal?
  7. Huh? by Locke2005 · · Score: 2, Funny

    The FCC doesn't need to physically inspect your gear. All they need to do is park their white van in your driveway, turn on the spectrum analyzer, and make sure the emissions are coming from your house. Then they issue you a $10,000 fine. You can use whatever kind of unauthorized transmitters you want, as long as you keep everything inside a well-constructed Faraday cage with no detectable emissions.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  8. Re:Knowing Government "Intelligence"... by cthulu_mt · · Score: 4, Funny

    Yeah, cause Lincoln was part of the military-industrial complex in collusion with the Illuminati to guarantee lawyer revenues until the year 2012 when everything goes boom!

    --
    Virginia is for lovers. EVE is for griefers.
  9. Re:Knowing Government "Intelligence"... by Phreakiture · · Score: 4, Funny

    ". . . and I am that fool!"

    - Gomez Addams

    --
    www.wavefront-av.com
  10. Re:I'd like to see em try it by Beat+The+Odds · · Score: 5, Funny

    The original intent of the FCC legislation was to protect the reception of TV/radio broadcasts and to prevent the safe functioning of electrical equipment.

    Boy, was that a bad idea!

  11. Re:As any ham can attest to... by rob1980 · · Score: 2, Funny

    Interrupting Bob and Tom merits a medal, not a kick. Just sayin. ;)

  12. Re:I'm thankful I live in Canada by Experiment+626 · · Score: 5, Funny

    Thankfully you seem to have a new President that has intelligence and morals

    Who is this guy and how did he get Obama to vacate the presidency?