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Saturday, May 23, 2009

FCC’s WaRrAnTlEsS SeArChEs AlArM ExPeRtS

By Ryan Singel May 21, 2009

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.

That’s the upshot of the rules the agency has followed for years to monitor licensed television and radio stations, and to crack down on pirate radio broadcasters. And the commission maintains the same policy applies to any licensed or unlicensed radio-frequency device.

“Anything using RF energy — we have the right to inspect it to make sure it is not causing interference,” says FCC spokesman David Fiske. That includes devices like Wi-Fi routers that use unlicensed spectrum, Fiske says.

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. That’s largely because the FCC had little to do with average citizens for most of the last 75 years, when home transmitters were largely reserved to ham-radio operators and CB-radio aficionados. But in 2009, nearly every household in the United States has multiple devices that use radio waves and fall under the FCC’s purview, making the commission’s claimed authority ripe for a court challenge.

“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.”

The rules came to attention this month when an FCC agent investigating a pirate radio station in Boulder, Colorado, left a copy of a 2005 FCC inspection policy on the door of a residence hosting the unlicensed 100-watt transmitter. “Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection,” the statement says.

The notice spooked those running “Boulder Free Radio,” who thought it was just tough talk intended to scare them into shutting down, according to one of the station’s leaders, who spoke to Wired.com on condition of anonymity. “This is an intimidation thing,” he said. “Most people aren’t that dedicated to the cause. I’m not going to let them into my house.”

But refusing the FCC admittance can carry a harsh financial penalty. In a 2007 case, a Corpus Christi, Texas, man got a visit from the FCC’s direction-finders after rebroadcasting an AM radio station through a CB radio in his home. An FCC agent tracked the signal to his house and asked to see the equipment; Donald Winton refused to let him in, but did turn off the radio. Winton was later fined $7,000 for refusing entry to the officer. The fine was reduced to $225 after he proved he had little income.

Administrative search powers are not rare, at least as directed against businesses — fire-safety, food and workplace-safety regulators generally don’t need warrants to enter a business. And despite the broad power, the FCC agents aren’t cops, says Fiske. “The only right they have is to inspect the equipment,” Fiske says. “If they want to seize, they have to work with the U.S. Attorney’s office.”

All TIs know that this is just more evidence of how the torture matrix works. For emphasis it's not just the FCC invading our homes covertly, but, the technology built into every electrical device allows other government agencies and it's contractors to use the technology as a weapon to torture TIs covertly! See FCC Part 15 that allows the FCC access to and run interference on any electrical appliance (.)

This is how the electrical appliance in a TIs home are constantly being turned off and on as to induce a paranoid - schizophrenic mind-set in making the TI disassociate, moreover, to induce mental ruts and charge the subconscious in trigger development used to control and torture TIs etc.


"And Ye Shall Know The Truth And The Truth Shall Set You Free"

Love "Light" And Energy

_Don

References:

[Microsoft Tests Show No Win 7 Battery Flaw]...More Tempest Hacking?

[Unsecured Wireless Networks Risk Being Framed for Crimes]

[Update: Inside the Military’s Secret Terror-Tagging Tech]

http://www.wired.com/dangerroom/2009/06/inside-the-militarys-secret-terror-tagging-tech/

Showdown in NSA Wiretap Case:Obama Says Government Sanctions Unwarranted in Spy Case

http://www.wired.com/threatlevel/2009/05/obama-says-government-sanctions-unwarranted-in-spy-case/

Showdown in NSA Wiretap Case: Judge Threatens Sanctions Against Justice Department

http://www.wired.com/threatlevel/2009/05/wiretap-deadline

Officials Say U.S. Wiretaps Exceeded Law: Duhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

http://www.nytimes.com/2009/04/16/us/16nsa.html?_r=3&hp

The Complete, Unofficial TEMPEST Information Site: http://www.eskimo.com/~joelm/tempestintro.html

[TEMPEST 101 For Dummies]

http://www.tscm.com/TSCM101tempest.html

TSS VanEck Phreaking: http://en.wikipedia.org/wiki/TEMPEST

Countermeasures: http://www.twpinc.com/ ;)

Methods For Evaluation IEEE-STD-299: http://www.scribd.com/doc/15775931/Evaluation-Methods-IEEE299

ASTM E 1851 Standard

http://engineers.ihs.com/document/abstract/NIGSGBAAAAAAAAAA

ASTM E 1925 Specification

http://engineers.ihs.com/document/abstract/FDMNGBAAAAAAAAAA

Use A Proxy: https://evadefilters.com/index.php

http://www.the-cloak.com/login.html

https://proxify.com/

Update: Judge Rules Dorm Room Search Illegal:

http://www.eff.org/press/archives/2009/05/22

http://www.eff.org/deeplinks/2009/05/mass-sjc-tosses-calixte-warrant

http://www.globalresearch.ca/index.php?context=va&aid=13695

Mirror: http://dprogram.net/2009/05/21/democracy-going-dark-the-electronic-police-state/

http://www.wired.com/threatlevel/2009/04/get-your-fbi-sp/

https://secure.cryptohippie.com/publications.php

http://antifascist-calling.blogspot.com/2009/05/fbis-department-of-precrime.html

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