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Comments on news posted 2009-05-21 18:43:31: Ryan Singel over at Wired's Threat Level blog has an interesting piece on the FCC's belief that they have the authority to enter your house, without a warrant, in order to investigate potential interference-causing technology. ..

page: 1 · 2 · 3 · 4 · 5
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MemphisPCGuy
Senior Systems Engineer
Premium
join:2004-05-09
Memphis, TN
·Comcast

You may have the right...

... to request a subpeona, but not barge into my house. And as long as BPL is on the table, they would have a very weak case
--
Onsite Computer Support in Memphis
»www.memphispcguy.com


hihjkhjkhjk

@comcast.net
This is the government.......

and they can do whatever they want brother. It's no skin off their nose except maybe for a few thousand in fines. Then they ge slapped on the wrist, shrug their shoulders and ... "okay".

whiteyonenh

join:2004-08-09
Keene, NH
clubs:
·RoadRunner Cable

said by hihjkhjkhjk :

and they can do whatever they want brother. It's no skin off their nose except maybe for a few thousand in fines. Then they ge slapped on the wrist, shrug their shoulders and ... "okay".
The gubmint fining the gubmint? how does that work?


TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
·Sprint Mobile Broa..
·Comcast


3 edits
reply to MemphisPCGuy
Re: You may have the right...

said by MemphisPCGuy See Profile :

... to request a subpeona, but not barge into my house. And as long as BPL is on the table, they would have a very weak case
The Supreme Court says they don't have the right to barge right in, but if you deny entry, you can suffer large fines just for refusing them. And if you let them in, then they can report anything else they see illegal and have a court order your arrest.
--
My BLOG .. .. Internet News .. .. My Web Page

dks7

join:2004-05-31
reply to whiteyonenh
Re: This is the government.......

The government has NO rights, We the people have rights, them douche bags have privileges, granted to them by we the people, and I say its high time their revoked.

BPLSUCKS

join:2006-04-26
Grand Ledge, MI
Better not come into my home

I shoot any intruder into my home...I hope they have good insurance.

RadioDoc
58ef2c0
Premium,ExMod 2000-03
join:2000-05-11
·AT&T Midwest

WiFi is a stretch...

Anyone using WiFi frequencies and generating enough power to cause interference to licensed services would also be baking their snarglies. The least of your worries then is the FCC.

Pirate broadcast operations are totally different. Operating in the broadcast band with higher than Part 15 power levels without a license is already illegal and once the FCC has proof of such operation Federal Marshals are brought along for muscle. In Florida, it is a state felony to operate without a license so once such an operation is confirmed the state can take over enforcement and prosecution. Then there is the potential for significant interference to air navigation and communications frequencies which lie just above the FM band which will get you forcibly shut down if your shitty transmitter is hindering airspace operations.

While the administrative inspection angle generates blog hits and speculation, the FCC is so understaffed that it is a safe bet they won't be going door-to-door to look at your Bluetooth mouse or cantenna-equipped access point.

RadioDoc
58ef2c0
Premium,ExMod 2000-03
join:2000-05-11
reply to BPLSUCKS
Re: Better not come into my home

Take out a Federal agent and your insurance company will suddenly forget you...while you rot in prison.


Anonymous_
Anonymous
Premium
join:2004-06-21
127.0.0.1
clubs:
fail

just sue them

that is all you got to do because it all ready has the FCC stamp on it

Joe12345678

join:2003-07-22
Des Plaines, IL
reply to BPLSUCKS
Re: Better not come into my home

And I hope you have a good defense team.


drjim
Premium,MVM
join:2000-06-13
Torrance, CA
clubs:
Nothing new....

They're just following the well-established plans of the BATFE.
--
One man's Magic is another man's Engineering.

patcat88

join:2002-04-05
Jamaica, NY
reply to dks7
Re: This is the government.......

Straight to Gitmo you go.

Mr Matt

join:2008-01-29
Eustis, FL
·Comcast
·Embarq

 FCC using a law used to seize unlicensed transmitters.

The the FCC is citing is a law which is used to locate and shut down unlicensed radio stations. Each year the FCC tracks down and seizes the transmitters of several unlicensed radio stations. Usually the FCC investigation begins when a licensed radio station files a complaint against an interfering radio station.

There was another case when a consumer was notified that something in their home was radiating an RF signal which was on the emergency beacon locator frequency. The signal is used to start an emergency search, merely by transmitting a signal on that frequency. It turned out that the interfering device was a flat screen television. The owner of the television was advised that if they turned the television on they would go to jail. The manufacturer of the Television replaced it at no charge.

I would think that the FCC should notify the owner of a site radiating a interfering signal, of the violation before breaking into the site in question.


Mactron
el camino Real
Premium
join:2001-12-16
CM94sv

reply to Anonymous_
Re: fail

said by Anonymous_ See Profile :

just sue them

that is all you got to do because it all ready has the FCC stamp on it
And that FCC stamp imparts...
That your Part 15 WIFI Device must not interfere with licensed services and must accept interference from licensed services.

Try again.
--
If only the Verizon CSRs worked this well.

sneumann55

join:2002-07-27
Yonkers, NY

WOW

Yes i believe a court challenge may go in the offenders corner, however all that would do is add a step to the searching of your property, being that the FCC would apply for a search warrant based upon there measurements and observations. And at that point they would get local law or us marshals involved, who would like to bust you for anything illeagal they may find.
I cannot see the FCC busting your door down, i believe they would more than likely ask to come in and explain the issue. You could refuse or request to call a lawyer. Or if your totally unaware of the issue, maybe just accept their advice.
Pirate radio stations on the other hand, if the fail to respond to the Violation Notice, would more than likely be the first one to be involved the warrant-less search issue. We have rights and the way to clarify our rights is to bring it before the courts. Just My thoughts, please forgive the spelling, no glasses on
--
SNeumann, Southern NYS,Fios 20/20,,Sprint Mobile Broadband.Via Talk, MagicJack

craigmc

join:2000-06-04
Redwood City, CA
·AT&T Yahoo

This is normal for all licensed users

I am a radio amateur and have worked at a number of commercial radio stations, both broadcast and utility during my career. A condition of the license grant for all stations is that an FCC inspector has the right to enter the premises - without prior notice - at any time. For an amateur that means, of course, my home is open to the FCC.
I think it is only fair that my neighbors' homes should also be open to the FCC if they choose to use any Part 15 devices.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·AT&T Yahoo
·AT&T DSL Service
·Cox HSI
·AT&T Southwest

reply to BPLSUCKS
Re: Better not come into my home

said by BPLSUCKS See Profile :

I shoot any intruder into my home...I hope they have good insurance.
That didn't work out so good for them in Waco.

You can't shoot law enforcement officers entering your residence. Well, you can, but you won't get away with it.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini


Eat Me

join:2002-09-25
Sussex, NJ
·PenTeleData
·Future Nine Corpor..
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·Vonage

reply to Joe12345678
said by Joe12345678 See Profile :

And I hope you have a good defense team.
Forget a defense team, how about a plastic surgeon and a new passport in a foreign country.


Eat Me

join:2002-09-25
Sussex, NJ
·PenTeleData
·Future Nine Corpor..
·VOIPo
·Vonage

This is largely overblown.

Have they even bothered to research what they write over there at Wired magazine?

If a device is certified under part 15 and is used unmodified you will have nothing to worry about.

And to be quite honest, most wifi routers are so ridiculously low powered they couldn't interfere with anything important if they tried.

And seriously - I'd expect this kind of "journalism" from the national enquirer, not Wired magazine.

So relax people. The FCC won't be kicking down your door to seize your linksys router with DD-WRT on it.


Eat Me

join:2002-09-25
Sussex, NJ
·PenTeleData
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·Vonage

reply to Mactron
Re: fail

said by Mactron See Profile :

said by Anonymous_ See Profile :

just sue them

that is all you got to do because it all ready has the FCC stamp on it
And that FCC stamp imparts...
That your Part 15 WIFI Device must not interfere with licensed services and must accept interference from licensed services.

Try again.
And if used unmodified (read - no external amps or antennas) you will be in compliance.

Nothing to see here, move along, move along.
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