FCC Says: Wireless Surf = Warrantless Search

“Anything using RF energy — we have the right to inspect it to make sure it is not causing interference,” says FCC spokesman David Fiske.

According to Wired:

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.

Wired: http://www.wired.com/threatlevel/2009/05/fcc-raid/

About Jeff M. Fischbach

Jeff Michael Fischbach is founder and President of SecondWave Information Systems (SecondWave.com), a consulting firm specializing in Forensic Technology. Since 1994, he has served as a board member and technology adviser to numerous professional organizations and corporations. Mr. Fischbach has been engaged as a litigation consultant and Forensic Examiner, offering expert advice and oversight on matters involving intellectual property, computers, information systems, satellite, tracking and wireless communications technologies. He has advised law enforcement, foreign government representatives, judges, lawyers and the press.