Scott wrote:
Jer wrote in
news::
What part of
"private property" is so difficult to understand? The front half or the back half?
While you might like to think that one’s home is his or her castle and that such rights are absolute, they are anything but. Just like you can’t operate a meth lab or commit murder, you can’t violate a seemingly infinite number of other other restrictions. In fact, even your deed to the land lays out many restrictions and prohibited uses that may go even beyond what the law requires.
In the USA at least, like it or not, private property ownership rights do not include lots of things including the operation of unlicensed radio transmitters above 100mw ERP and specifically ANY form of cell phone jamming no matter how noble the purpose might be.
The FCC can levy a fine of as much as $11,000 per day including the first offense for the operation or interference of cell phone signals. If you don’t pay the fine, the courts can take your private property and sell it to pay them.
See:
http://www.fcc.gov/eb/Public_Notices/DA-05-1776A1.html or below for details.
Private property ownership does not grant the owner the ability to creat a private fiefdom where the laws of the land do not apply. The owner and ownership of land are still governed by municipal, state and federal codes, regulations and laws. The dividing line between private property rights and government intrusion or intervention is constantly being fought in the courts with varying outcomes.
FCC RULE:
Sale or Use of Transmitters Designed to Prevent, Jam or Interfere with Cell Phone Communications is Prohibited in the United States In response to multiple inquiries concerning the sale and use of transmitters designed to prevent, jam or interfere with the operation of cellular and personal communications service (PCS) telephones, the Federal Communications Commission (FCC) is issuing this Public Notice to make clear that the marketing, sale, or operation of this type of equipment is unlawful. Anyone involved with such activities may be subject to forfeitures, fines or even criminal prosecution.
Cellular and PCS telephones provide valuable wireless communications services to the American public for business and personal communications. Recently, however, the FCC has seen a growing interest in devices — called