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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.'"
There's really no such thing as unlicensed spectrum, only unlicensed devices. These portions of the spectrum have been taken from the people and then licensed back to them under terms decided upon by unelected officials.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
I'm sure the old lady was being hilariously nefarious and hiding some sharp nails where only someone jumping the fence would get hurt, if they weren't paying attention that is. But why is it so wrong to expect the little peckers to not jump her fence? We have a social contract that allows people to carve the land up and put up fences, is it wrong to expect them to be respected? I think you either have to let people put spikes on their fences (it's not like we're talking about land mines here — I do think you have to draw the line someplace) or just accept that we should be tearing down all the fences and giving up on the idea of property ownership entirely.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Also, they don't just bust in, they talk to you: "so, it looks like your HAM set might be interfering with channels 72-79 on your neighbors tv. please fix it."
Unless you're running a "pirate" radio station, of course, whether you're violating copyright or not. If you're saying what they don't want said... peace out.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"