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FCC's Warrantless Household Searches Alarm Experts

mikesd81 (518581) writes | more than 5 years ago

Privacy 0

mikesd81 writes "Wired.com reports that 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. FCC spokesman David Fiske says "Anything using RF energy — we have the right to inspect it to make sure it is not causing interference." 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. "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.""

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