Tech Dirt – May 21, 2009:

One tool in the FCC’s investigative arsenal is the ability to inspect radio gear, like TV stations’ transmitters, but the Commission also says that this extends to things like WiFi routers, cordless and cell phones, remote garage door openers, TV remotes, or “anything using RF energy.” This means that if you have any of those products, or anything with a radio, the FCC thinks it has the right to search your house.

The FCC contends the authority stems from the Communications Act of 1934, but as Threat Level points out, it’s never been challenged in court, mainly because it’s a relatively recent phenomenon for essentially every American household to have so many radio devices.

While it’s unlikely that the FCC will begin raiding homes to confiscate WiFi routers and garage door openers, there is speculation that should FCC agents enter a home and see evidence of unrelated criminal behavior, that evidence can be used for criminal prosecution. This could give law enforcement a potential back door around search and seizure laws, a move which certainly merits some concern.




  1. BillyBob says:

    The RIAA and their cronies must be drooling over this article. (yeah, I’m pretending they weren’t involved).

  2. GetSmart says:

    Fortunately, I know how to run wiring for my network. And did so.

  3. pedro says:

    #17 They might not do it, but they now have the legal frame shall they begin to feel like it. Astounding change.

    #18 Is Dumbya still in office? Seems so.

  4. Greg Allen says:

    >> pedro said,
    >> More change you can believe in?

    Is there no end to your hypocrisy?

    When the Bush Administration SPIED on only-god-knows how many US citizens without a warrant, the conservatives defended the practice every step along the way.

    … an NOW you are worried about privacy?

  5. Greg Allen says:

    >> GetSmart said,
    >> Fortunately, I know how to run wiring for my network. And did so.

    You’d have to be a serious Luddite to get rid of all deliberate RF in your house.

    Cordless and cell phones, of course.

    But TV remotes? Aren’t those usually infrared?

    Even so, “RF energy” would be just about anything that uses electricity, right?

    For example, the rheostat on my ceiling fan creates a horrible racket on my AM radio.

  6. pedro says:

    #24 Sorry, I wasn’t present on the FISA vote. You might have mistaken me for someone else.

  7. Nimby says:

    Can we get a FUD meter, please?

    Oh, and make it wireless.

  8. Greg Allen says:

    >> pedro said, on May 22nd, 2009 at 3:49 pm
    >> #24 Sorry, I wasn’t present on the FISA vote. You might have mistaken me for someone else.

    So you spoke out against Bush and the conservatives when he was spying on Americans? If so, you were a very very rare conservative, indeed.

    I spoke out, at the time, and I don’t remember a single conservative backing me up. I DO remember them calling me pro-terrorist for defending the constitution.

    However, if you opposed Bush when he was trashing the constitution, then I commend you for being are one of the very rare principled conservatives. I know they exist but, holy smokes man, they sure disappeared during the last eight years.

  9. Wired Less says:

    I love how posts like these bring out the trolls.
    And how, quaintly, some quote the constitutional prohibition against unreasonable search and seizure, a legal concept mortally wounded in the late 20th century and long dead in the 21st, along with the notion of privacy.
    If the officers of the state want to investigate you, they can and will. So can (and do) private enterprises. Enjoy any illusion you may entertain otherwise, but particularly since the “Patriot” Act (an Orwellian name if ever there was one) there is nothing really stopping anyone, except perhaps your friends and some of your neighbors, from finding out whatever they want about you.
    Remember they hate us for our freedoms, so how best to stop the hate? Seems logical to me. (Hope the sarcasm is not too subtle).



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