Slashdot Mirror
FCC Reserves the Right To Search Your Home, Any Time
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.'"
Are they actually planning on home invasions? Unless they have inspectors lining up to look at my wireless setup then saying this which will clearly get a lot of people "us" all worked up, why say it at all?
The musings of just another geek and his junk.
I know the Castle Docterine exists for some states (Or used to), I wonder if (Assuming one is in that state) could use that as a valid defense for shooting an FCC goon on your property...
"He who represents himself has a fool for a client."
- Abraham Lincoln
Finally had enough. Come see us over at https://soylentnews.org/
it doesn't matter if they are in a uniform or show up with badges you can get all that crap from some online surplus store if they don't have a warrant they need to get the F off my land
Hey, this is slashdot...there has to be misleading/misquoted summaries to drum up fake outrage!
Umm...no you don't. There's no state law anywhere that gives you the right to shoot a federal law enforcement officer who properly identifies himself/herself as such.
It's people like you that make people like us have to fight every inch for our rights under the 2nd Amendment.
as if there isn't enough outrage from the genuine stuff!
Nope. Because it will not be used against anyone unless the Feds need a reason to enter and search that home and dont want to get a warrant.
Example? sure.. Psyborgue is a known anti goverment leader. They've been watching him for years now and just know that he is going to do something bad very soon. They cant get a warrant from the damned Liberal judges that hate america so they use the FCC ruling to bust in legally and search the home. BTW, if an officer spots something other than they are looking for, They can use that against you because of the changes they had put into the patriot act.
They can now go on legal fishing expeditions on anyone they really need to. It's a tool in the arsenal against T E R R O R I S M and that is what it was specifically created for. I dont care what bullshit they feed the public. It has a specific purpose.
This is it's use. the FCC has not done anything to fight interference for years. Hell most Pirate FM stations don't get taken down until they become big and obvious. They dont raid homes over Wifi violations. They do however make a good tool for other departments.
Do not look at laser with remaining good eye.
Sure, they shouldn't do it but nailing sharp nails so that the unsuspecting children would hurt themselves is just evil.
I'm pretty sure the blind children aren't hopping the fence to take a shortcut through your yard.
When a society makes other people responsible for your safety when you're doing something you're not supposed to do, it has failed... by which standard most of our societies are on the way out. Without personal responsibility you end up being a nation of useless bitches. (There are always exceptions. But most people are lame.)
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Of course Lincoln said this. He was a fucking lawyer and his mindset including producing more revenue for lawyers who don't get paid if you represent yourself.
Stop acting like the "great men" of our nation didn't have personal agendas. For fuck's sake, they were men, not some kind of ideal that never existed.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
If I were a lawyer and I were being sued for some reason, I would prefer to hire someone to represent me.
My reasoning would be that being sued is a very stressful and emotional circumstance; a circumstance that would deprive me of my best judgment and reason. Instead of making solid, fact-based statements and questions, I would probably be more liable to tell the prosecutor to piss off. Not really something that will get you far in court.
Having someone else represent you provides an amount of detachment from irrational emotion that could ruin a case.
52 52'23" W 47 32'07" N
We have an organization that decides if legislation is contrary to the Constitution. They're called the Supreme Court. You don't get to decide the constitutionality of legislation for yourself. You have to obey all laws properly passed by a legislative body, until the law is struck down. That's why the ACLU and other organizations create test cases to get bad laws struck down. If you violate a law because you think it isn't constitutional, you will go to jail until the SC rules. If you kill someone based on your opinion of the constitutionality of the law they are acting under, you will go to prison for murder.
Merits? What merits? It was an ad hominem attack against Lincoln solely because he was a lawyer. It offered nothing to the discussion and was, IMO, deliberately phrased to elicit an emotional response from other readers. Did the poster offer any indication where he got this idea? Did he offer any evidence that Lincoln was biased when he made this statement? No, his sole reason for discounting and attacking the quote was because Lincoln was a lawyer himself. Period.
Sorry, if I had mod points I would have tagged it the same way. You probably got tagged for the backhand comment towards the mods which, again IMO, were perfectly correct in labeling the post as flamebait.
Even more interesting is the fact that Lincoln did not originate this quote. A quick google finds this same adage in print going back to the very early 1800's so while Lincoln may have said it at some time, it was not originally his quote, unless he made it from the cradle.
Ok, so you let the FCC inspector in, he sees your pot plant, and goes to the cops. They get a warrant, search and arrest you. Considering that the warrant was only obtained because of evidence from an unwarranted search, how is this any different than simply allowing evidence from unwarranted searches to be used against you?
Give me Classic Slashdot or give me death!
"Do not kill, unless your life is in danger"
Fixed that for you. The laws surrounding self-defense generally don't say that you can only use deadly force when facing an armed assailant. They typically say that before you can use deadly force you must have a reasonable belief that your life is in mortal danger. A 90 pound 4'11" female facing a 300 pound 6'11" male attacker is under no obligation not to shoot him just because he isn't armed. If she reasonably believes that her life is in danger she is allowed to use deadly force to defend herself.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
Getting a HAM license requires taking some tests, and knowing what the policies are before you put your radio gear up. You know, should know, and can know what you're responsible for. If you're transmitting against the rules, and the FCC calls you on it - you stop doing it and/or get fined.
You know it's going to happen.
Now if some $80 POS Linksys goes haywire and the FCC tells me about it, I'll shut it off and get a new one. But no way, no how, am I going to let those fucks in to 'inspect' - if they want to come in, then go swear out a warrant describing the particulars of what they're looking for and bring a cop with you. If the warrant's valid, I'll let you in FOR THAT and nothing else. If you don't want to swear out a warrant, then fuck off - I'm not letting you in. And if you shove your way in, you WILL be put down on the ground as a trespasser - I don't want to shoot you, but I will if I have to - so long as you sit there quitely and wait for the Police to show up to arrest you, the trespasser, you'll have no problems.
Now bring a warrant, and we're good. But unless and until you do that - you're a trespasser. US Sup Ct. rulings back that up. I've been involved in a few court cases in IL where that's been backed up - no warrant, no entry. No probable cause? No warrant, no entry.
The gas company tried this bullshit under the guise of complying with some half-assed regulation promulgated by the Federal DOT, and which the IL ICC adopted. They allegedly had to inspect meters INSIDE houses for atmospheric corrosion, etc every 5 years (when they first adopted the policy), then every 3 years (a year after they adopted the policy), who knows how often next year... I told them to fuck off after ignoring 15 of their notices. Finally had my lawyer call them up and threaten to sue them. That got them to move the meter outside for free - yeah, I had to let them in to do the work, but that was a one-off thing, and the entry/area they could go to was highly restricted... Now I'll never worry about it again...
I don't care if it's "Administrative" or "Criminal" - a search is a search, no matter who does it. No warrant, no entry. WE, THE PEOPLE, granted certain privileges to the Government, and WE reserve the rest - not the other way around. The price of Freedom and Liberty is eternal vigilance - it's worth fighting for, so do it and stop being pussies.
Messrs. Smith and Wesson should be prepared to hear counter arguments from the partners Heckler and Koch.
In plain english: If the FCC's search ability is used as leverage by another agency, chances are they will have armed people there. If you go attacking (or threatening) them with your weapons, you have some good chances of ending up dead. In principle, you (usually? in most states?) have the right to defend youself from home invasion ... but what good is that if you are dead, and your vindication is posthumous? I think your family would prefer a father to a martyr.
You should ponder upon why Judeo-Christian religions (of which Islam is an off-shoot) are so vastly popular. And if you do, you will find that it is an average person's deep-seated desire for a concise, clear set of rules to govern society that is at the very heart of it. Mock that desire it at your own peril.
I disagree. They are popular for the same reason all religion is popular--they give meaning to the meaningless. It has nothing to do with wanting a set of laws that cover every situation. In point of fact, Jewish tradition does not prescribe a set of laws that must be meticulously followed. Rather, there are a few such laws--the commandments--and a set of guidelines for moral behavior. Much of Jewish Talmudic tradition, for example, focuses on interpreting, challenging, and clarifying laws set out in the Torah. And even the experts in the Talmud will be the first to admit that it is impossible for them to conceive of every possible situation in advance.
You always need an arbitration process to prevent abuse.
Why? What is the job of the courts, if not to interpret the law? Under your proposal, there would be no need for judges, because laws would be clear and concise in every set of circumstances. The possibility of one particular enforcement agent misapplying (not "abusing", because under what you propose no such abuse would be possible) the law could be resolved by a simple appeals process whereby the direct supervisor of, say, the police officer makes a determination whether the law was appropriately enforced. Under your system, that would be all that the courts do anyway, because it would not be up to them to determine if the law is fair or not--only whether it applies in this circumstance. Anybody could do that, right?
And that is different from, say, the US constitution, how exactly?
Tell me the precise settled meaning of the Second Amendment, for example, and you will have answered your own question. The Constitution is a guideline establishing how the government should be run and what rights and responsibilities are held by the federal government, the states, and the people. It is not a precise code of laws that is not open to interpretation.
Bullshit. Well designed laws, even though they can be changed, require less and less modifications as more refined they become. Bullshit, byzantine, intellectual diarrhoea "laws" are in a state of constant chaotic flux and become more and more confused and voluminous as the time passes, because confusion and chaos are their very purpose.
Your argument falls apart when you realize that, no matter how carefully crafted and precise you think your laws are, somebody will always find an exception, a "but what if", a border case, or some other situation that is not directly covered by the law. In order to cover this particular case, the law would need to be modified to add an exception, or you risk the ambiguity of not knowing how that same situation should be resolved the next time it comes up. The law therefore becomes more and more complex with time. You simply can't make a law cover more situations adequately by making it simpler, because the simpler you make the law the more likely you are to find exceptions to it.
Again, bullshit. Religions do that because they have no mechanism to correct their "commandments". Human laws do. But that does not mean that a correction must always be uniformly in the direction of more complexity. In fact the whole art of law-making is to go in the precisely the opposite direction, to formulate simple laws in such a way as to cover all cases.
Again, this is logically inconsistent. Simpler means more general, and it's the specifics that are always the thorny issue in a legal system.
This has nothing to do with "subtlety" and "nuance". It has to do with byzantine, arcane, sets of incomprehensible to an
I don't think either of us said we don't need any lawyers. The main thing that I object to is the fact that lawyers are basically running this country. What percentage of Congress is made up of lawyers? What was our current President's background before he got into politics?
A more balanced system would see people from all occupations serving in Congress if for no other reason than to provide perspective.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.