Company sues to allow selling Cell Phone Jamming equipment to local & States

Company challenges FCC rules on cell phone-jamming gear


A small Florida company is taking on the Federal Communications Commission to change regulations prohibiting the sale of equipment used to scramble cell phone signals to local and state agencies.
The company, CellAntenna, filed a lawsuit in the U.S. Court of Appeals in the 11th Circuit in Atlanta on November 22 challenging the Communications Act of 1934, which is enforced by the FCC. The 1934 act and the FCC regulations that go along with it prohibit the use of cellular and radio frequency-jamming equipment, except by federal agencies. This means that local and state officials are not permitted to use such equipment, which could be used to help prevent terrorist attacks.

"In order to effectively and safely execute a raid on a house, you need the element of surprise."
--Mathew Lamita, police department, Dearborn, Mich. CellAntenna argues that the Communications Act and the FCC regulations that interpret the law are unconstitutional because they are in conflict with the Homeland Security Act of 2002, adopted by Congress in the wake of the September 11, 2001, terrorist attacks.

It's widely known in the intelligence and law enforcement communities that cell phones can be used to remotely detonate some types of bombs. The electrical properties for most batteries used today in cell phones provide enough energy to produce the necessary spark or power to detonate a blasting cap or a modified electrical match, which is often used in plastic explosives. Also, built-in alarms and timing mechanisms available on even low-end cell phones make it easy to use even the simplest and cheapest mobile devices as tools to set off bombs.
Cell phones are believed to have been used in the Madrid train bombings in 2004. And they've been used effectively during the past few years by insurgents to trigger roadside explosions in Iraq. Equipment made by companies such as CellAntenna that can jam or block cellular signals is used by the U.S. military in Iraq to help protect convoys traveling through known trouble spots.

But here in the United States only federal government agencies are allowed to use cell phone scrambling equipment. Local and state law enforcement agencies, which would be the first responders to a terrorist attack here at home, are prohibited by law from obtaining such gear.

"It just doesn't make much sense that the FBI can use this equipment, but that the local and state governments, which the Homeland Security Act has acknowledged as being an important part of combating terrorism, cannot," said Howard Melamed, chief executive of CellAntenna. "We give local police guns and other equipment to protect the public, but we can't trust them with cellular-jamming equipment? It doesn't make sense."

It is this point that is a key element in CellAntenna's argument in its case against the FCC.

"Whereas the FCC prohibits the sale of radio frequency and cellular jammers to state and local police departments, the Homeland Security Act consistently and repeatedly directs the Department of Homeland Security to take whatever measures are necessary to empower local law enforcement agencies and first responders in the fight against global terrorism."

Other applications
Indeed, the Homeland Security Act specifically states that one of the functions of the Department of Homeland Security is to research, develop, test and evaluate for federal, state and local law enforcement agencies equipment that can be used "in counterterrorism, including devices and technology to disable terrorist devices."

While CellAntenna has based much of its case around the use of its gear to prevent terrorism, Melamed acknowledged the gear could be very useful to law enforcement officials in other capacities. For example, jamming equipment is used in Latin American and Caribbean prisons to prevent inmates from using cell phones to run criminal operations while they serve jail time. Prisons in the U.S., which are mostly run by the state, are prohibited from using such gear.
Mathew Lamita, a corporal with the Dearborn Police Department in Michigan agrees that cell phone-jamming equipment could be a big help. In addition to potentially disabling a bomb, he said, scrambling cell phone communications during a hostage crisis could also be useful.

Where the technology would likely get the most use is during narcotics raids, when officers could use equipment to locally disable cell phones and walkie-talkies used by lookouts in neighborhoods where drug busts are common, he added.

"In order to effectively and safely execute a raid on a house, you need the element of surprise," he said. "A single tip from someone calling on a cell phone or a walkie-talkie down the street can compromise the entire raid."

http://news.zdnet.com/2100-1035_22-6139854.html?tag=nl.r28011

 

I personally don't think it's a good idea to allow the sales of cellphone jamming equipment to the general public.

For the local on up to federal level for police & military usage yes, but that would be the extent & only during times of an actual terrorist event or threat.

Most 1st responders use & need cellphones for communication prior & during emergencies and this would hamper them even more then the radio systems.

During bombings it's known that the biggest idea of the terrorist is a 2nd device to kill & injure 1st responders no matter whom the bomber is, and a jammer would help prevent this from happening and this is where it should be used & allowed. Again for descretionary use and time, not everytime someone thinks it's a terrorist event.

 

You don't see them here in the US because it's illegal to use them by the FCC ruling & I believe with all our freedoms & rights being tested everyday since 9/11, it is just another issue that can be used or should I say abused by the goverment towards the people.

Sometimes you wish you could have a small portable one to use when people are being rude with them, but we know that isn't pratical or right either, people need to learn & use common sense in places like movie theaters, places of worship, school ect...

 

That is part of my concern here, they would have to set it up so it went out with say a SWAT team or other response team for terrorist threats or bombings.

 

Then this would be a bigger problem then originally thought, I would not want to see something that will hurt communications that wide & effect PS communications.

 

Lets keep the subject on topic, I personally know of many police officers that wouldn't use a device like this for personal usage.

The DV issue is not something for this thread & not a subject everyone knows about or fully understands, this is a wireless forum.

 

Actually if you read the whole thread, the company CellAntenna (which has posted a reply here) is looking for support for this ability for Goverment agencies to use Jamming equipment, as of right now they are not allowed to here in the US, and it is not just for Police officers, but Federal agents, Fire Depts. or whichever agency may need to use it at a possible bombing or bomb scare to prevent a device from being detonated by a wireless device. (you know like in Spain or what they are using in Iraq)

So he feels people that come here, have the knowlege & understanding of the concepts & would give support for this suit.

I actually think it's a perfect place to have a conversation like this, to find everyones views & may help the company understand peoples concerns better.

 

And that is fine on adding your opinion on why they shouldn't be allowed & I agree they could be abused in the wrong hands & this is a very valid point, I just felt it was going off topic on your link of the "Main" reason you think they would abuse it.

We do want & support other peoples opinions & thoughts & please don't think I was trying to squash that in any way & if it appeared that way I appoligize. I am sure myself & others will enjoy your continued posts & input.