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FCC Formalizes Massive Fines For Selling, Using Cell-Phone Jammers (networkworld.com) 135

An anonymous reader quotes a report from Network World: Two years ago the FCC announced its intention to fine a Chinese electronics maker $34.9 million and a Florida man $48,000 for respectively selling and using illegal cell-phone jammers. Today the agency has issued press releases telling us that those fines have finally been made official, without either of the offending parties having bothered to mount a formal defense of their actions. From the press release announcing the fine against CTS. Technology: "[...] The company's website falsely claimed that some jammers had been approved by the FCC, and advertised that the company could ship signal jammers to consumers in the United States." The company did not respond to the FCC's allegations, although the agency does report that changes were made to its website that appear to be aimed at complying with U.S. law. Next up is Florida man, Jason R. Humphreys, who is alleged to have used a jammer on his commute: "Mr. Humphreys' illegal operation of the jammer continued for up to two years, caused interference to cellular service along Interstate 4, and disrupted police communications." Last Fall, a Chicagoan was arrested for using a cell-phone jammer to make his subway commute more tolerable.
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FCC Formalizes Massive Fines For Selling, Using Cell-Phone Jammers

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  • pulse generators count as jamming devices? Or for that matter, anti-cell tower lasers?
  • The FCC takes very seriously is jamming. I think that the 48K fine might be a record forfeiture.
    • Re:One thing (Score:5, Insightful)

      by msauve ( 701917 ) on Thursday May 26, 2016 @12:56AM (#52185013)
      They should also take unlicensed emissions seriously. Why aren't they imposing significant fines on the use of Stingrays [wikipedia.org] without a warrant?
      • by Anonymous Coward

        Stingray use by the government falls under the auspices of the NTIA, not the FCC. The FCC has no jurisdiction in this matter.

        • by Agripa ( 139780 )

          So what does the use of WiFi devices which are already approved by the FCC fall under when they are used to spoof or deauthenticate other WiFi devices?

          • by MercTech ( 46455 )

            You are confusing wifi and cellular signals.
            Wifi is 2.4 GHz or 5.3 Ghz band low power transmission for computer data. With the power kept low, no FCC license is required.

            Cellular uses several different radio frequencies from wife and are licensed to the cellular carriers. Completely different type of radio from "wifi". It is unlawful to interfere with licensed transmission frequencies. So, NO, you can't jam cell frequencies. Wifi, on the other hand, is on a limited power no license required permit to t

            • by Agripa ( 139780 )

              I am aware of the differences. My point is that the FCC is enforcing rules against non-interference with WiFi which it is not enforcing against cellular.

              https://yro.slashdot.org/story... [slashdot.org]

              Note that they were blocking WiFi via interception or deauthentication and not jamming in the sense of capturing the receiver using a stronger signal.

    • That is indeed a pretty steep fine, especially if he was mislead by the company website claiming it was legal and FCC approved.

      On the other hand, it's not like he was using it on his own property, he was actually using it during his commute. Kind of hard to claim that you didn't know there was anything wrong with that. Still, $48,000?

      • Re:One thing (Score:4, Interesting)

        by sg_oneill ( 159032 ) on Thursday May 26, 2016 @06:22AM (#52185813)

        $48,000?

        The thing was knocking police radio off air, and no doubt ambulance comms and so on. He got off lightly.

        • If you buy something which, according to the company website, is "FCC approved", you shouldn't be on the hook for such a ridiculous amount of money just because you got scammed by that company.

          If I buy a lawnmower robot and it has an unadvertised feature that makes it sneak out at night and kill cops, will I be convicted for that? If it has all the legal labels and no mention of any features other than cutting grass?

          • If you buy something which, according to the company website, is "FCC approved", you shouldn't be on the hook for such a ridiculous amount of money just because you got scammed by that company.

            The problem is that a person needs to know a little bit about this stuff. And ignorance of the law has never been much of a defense. And this defense adds stupidity as a kicker.Just because you want to eliminate phone calls from anywhere around you, it doesn't mean that you have the right to do that. Jammers have never been legal in the US, no matter what some Chinese manufacturer tells you.

            Clearly the asshat that was doing this wasn't a rocket scientist, apparently being content to interfere with polic

          • If he was misled by a claim, and got a big fine because of that, maybe he could sue the company for false advertising to try to recoup at least some of that cost.
          • If I buy a lawnmower robot and it has an unadvertised feature that makes it sneak out at night and kill cops, will I be convicted for that?

            Failed analogy.

            If you buy a lawnmower that the seller tells you has the specific purpose of sneaking out at night and killing cops, but he says that it is legal to do that, YES, you will be convicted for the deaths your "lawnmower" causes.

            If it has all the legal labels and no mention of any features other than cutting grass?

            How can you possibly claim that a device that is sold as a "cellphone jammer" includes no mention of the jamming of cellular telephone systems?

            Don't be silly. People buy cellphone jammers for the specific purpose of jamming other people's licensed use of public airwave

            • Well, it could be that he just thought it jammed other people's cell phones (possibly trying to make the road safer by keeping people from using their phones) but had no idea it also jammed cops and emergency services?

              Misguided, ignorant, stupid, sure, I agree. But maybe not quite as malevolent as to deserve a $48k fine.

              • Well, it could be that he just thought it jammed other people's cell phones

                Which a violation of federal law. It was icing on the criminal cake that it also jammed public safety users.

                But maybe not quite as malevolent as to deserve a $48k fine.

                Yes, sir. It does. Deliberate, random jamming of other people's use of licensed radio frequencies is a serious crime. You can't wave off the public safety jamming as inconsequential.

  • Yes, good job FCC!!! (Score:2, Informative)

    by gavron ( 1300111 )

    These people didn't argue so the fine becomes formal. That's how the process works,
    but it neither makes the fine appropriate nor does it set followable precedent.

    You can rest easy that "CTS" (the Chinese firm -- not its real name) will continue to sell
    the jammers under many many other names and the amount they will pay the FCC will
    be somewhere around $0.

    You can rest easy that just like prisons want to use cellphone jammers https://gcn.com/articles/2013/... [gcn.com]
    so too do beat cops who stop a motorist on the roa

    • Now just strap a jammer on a drone...Profit!!!
    • Other than hollywood fantasy, I'm unaware of any jammers being used by law enforcement in the US.
      (The FCC really hates that kind of stuff.)
      • by Anonymous Coward
        Oh, you're unaware of it? Let me get on the horn with the AG! They need to make sure you're in the loop on this shit.
      • by kbonin ( 58917 ) on Wednesday May 25, 2016 @09:24PM (#52184093)

        Stingrays, (aka Cell-site simulators, IMSI catchers) also violate these FCC regulations and ARE in WIDE use by law enforcement in the US from the federal level all the way down to small town police departments and many misc. state and federal agencies. And I'd argue that intercepting, monitoring, and recording all cell activity in an area, almost always without a warrant, is a far more egregious crime than just jamming cell devices nearby. But its been made pretty clear the laws no longer apply to those who "enforce them" on the plebes...

        • by mysidia ( 191772 )

          The laws still apply fully. Sometimes it can be challenging to get them enforced properly.

          Two of the problems in the United States, are (1) The unduly high cost of lawyers and pursuing actions, And (2) The high requirements to obtain "standing" in court to actually sue --- It is not enough that someone's legal rights are infringed.... In order to be heard in court, you actually have to have evidence that not only were YOU personally and directly affected, BUT a Real material financial loss or othe

          • "In order to be heard in court, you actually have to have evidence that not only were YOU personally and directly affected, BUT a Real material financial loss or other damage resulted."

            Unless you are law enforcement (prosecutor, FCC, etc.). The question is: why doesn't the FCC take action against stingrays?

          • by Agripa ( 139780 )

            It is not enough that someone's legal rights are infringed.... In order to be heard in court, you actually have to have evidence that not only were YOU personally and directly affected, BUT a Real material financial loss or other damage resulted.

            Which is another way to say that the innocent have no civil rights.

        • by Agripa ( 139780 )

          I would add to this that the FCC does apparently regulate the use of WiFi devices which obey all regulations as far as RF emissions but spoof or deauthenticate other WiFi devices. Stingrays do the same thing for cell phones.

      • Other than hollywood fantasy, I'm unaware of any jammers being used by law enforcement in the US.

        Do the Stingray devices have a jam mode? It would be trivial to include it.

        • Or at least, add a complementary toast mode.

        • by Anonymous Coward

          I'm not super hip on everything, but I thought that they jammed signals so the phones drop to a 3g connection because 4g was harder to break or something. Though I could be thinking of a earlier predecessor to the stingray system.

          • That is correct, but they'll drop it to 2g/Edge in most cases and the ones found by military bases of unknown origin also did that. They would falsely broadcast to your phone that you still have a 4g or LTE connection though. That detection was one of the features on that "black phone" that was supposed to be super secure.
        • by Agripa ( 139780 )

          Do the Stingray devices have a jam mode? It would be trivial to include it.

          They do not need to jam in the traditional RF sense but since they are capable of impersonating a cell tower, all they have to do is accept calls and not forward them. The "legal" WiFi jammers do this yet the FCC went after them.

      • by Agripa ( 139780 )

        Law enforcement does not need jammers although they have them; they have the power to shut down cell phone service as needed.

    • Re: (Score:2, Insightful)

      by peragrin ( 659227 )

      We have spent years studying wireless signals, and in the last 50 years we went from radios the size of a book, to small pocket and ear bud sized devices.

      What is needed is for jamming tech to evolve too, and banning all research, study, and thinking into it doesn't help.Places likes prisons, etc should be able to monitor communications inside their area and jam them. Prisons should be able to block cell phones in their own area. Why can't prisons have 6-12 stingray type devices with directional antenna's

      • Prisons should be able to block cell phones in their own area.

        They can. It's not that hard to block cell signals. On the scale of a cost of a prison, it's minor.

      • by mysidia ( 191772 )

        Places likes prisons, etc should be able to monitor communications inside their area and jam them.

        No they should not, because this can interfere with communications unrelated to the prison as well.

        Besides, they have perfectly viable means to address the issue of unauthorized transmitters.

        Guards could quickly track down contraband phones.

        "Stingray" devices and deceptive communications are not necessary for this. A small sensor network with a few software-defined radios scanning all the frequency r

    • by mysidia ( 191772 ) on Thursday May 26, 2016 @12:09AM (#52184855)

      When law-enforcement plays with these toys, that means they too are interfering with legitimate signals and communication.

      Law enforcement officers are Not exempt from the FCC regulations, regarding usage and respect of spectrum allocations. For example, their radios are not allowed to transmit outside their assigned or frequencies licensed for that purpose, with a radio that is approved for the service it is operating in.
      Cops are prohibited from transmitting a jamming signal, just like you are, even if they believe that they might have some legitimate cause to pursue that course, they could still be subject personally to FCC fines, penalties, or imprisonment with a felony charge, even if their local chief of police asked them to do it.

      • " they could still be subject personally to FCC fines, penalties, or imprisonment with a felony charge,"...
        ...and the chance of that happening is approximately ZERO.
    • Sorry, but you cannot have Joe P. Public operating a cellphone jammer whenever and wherever he likes.

      Doing so will infringe more on others' rights to operate a cellphone than can be justified by allowing any individual the right to jam. That's built into the technology.

      This sort of assessment is built into the structure of the laws, and now it has emerged in the form of an administrative measure (backed up by laws that grant the FCC authority to manage wireless spectrum issues),.

      You as an individual m

  • So when.... (Score:2, Troll)

    by Lumpy ( 12016 )

    Do they start fining Law enforcement?

    Oh wait, the law doesn't apply to them...

  • This incident reminds us why Congress is supposed to make laws and determine penalties for breaking them, not unelected regulators.

    • by mysidia ( 191772 )

      Congress DID make a law determining penalties. It's the Communications act of 1934.... 47 USC S 503 Forfeitures, https://www.law.cornell.edu/us... [cornell.edu]

      And the FCC is specifically assigned the responsibility of determining the forfeiture amounts, within certian limits

      (D) In any case not covered in subparagraph (A), (B), or (C), the amount of any forfeiture penalty determined under this subsection shall not exceed $10,000 for each violation or each day of a continuing violation, except that the amount assess

    • by Dog-Cow ( 21281 )

      How, precisely, does this remind us?

  • Can't we 3D print [voxel8.co] these things by now?

  • Hey, if other people on the bus or train are annoying you with their chatter or cell phones, just go with a totally legal, oldschool jammer: http://ajournalofmusicalthings... [ajournalof...things.com]

  • Oceanians live in a constant state of being monitored by the Party, through the use of advanced, invasive technology.

  • by cyber-vandal ( 148830 ) on Thursday May 26, 2016 @03:42AM (#52185435) Homepage

    How about a way to stop idiots blasting terrible music from their phones and annoying everyone else on the train/bus.

  • by swb ( 14022 ) on Thursday May 26, 2016 @06:36AM (#52185851)

    These two stories about jammers seem to indicate that the only reason these people got caught is that they had dumb jammers that just continuously broadcast, making their triangulation easy.

    Where are the smart jammers that operate at low power thresholds and operate intermittently -- some pattern of briefly on, then off, then on again, in a kind of random backoff cycle before going off? Or have some kind of passive radio detection to not transmit unless there is a nearby handset in use signature?

    The idea would be a jammer that produced enough interference to disrupt and discourage use in a narrow local window, but with a limited on profile such that it was much harder to detect.

    • by Anonymous Coward

      Smart jammers have been designed and built for decades. Simple barrage or swept frequency jammers are cheap, cheap, cheap and work well if you have a good power advantage over the victim. That's why that's what you're seeing.

      Clearly, there *are* people making better jammers - there are a variety of companies that do this mostly for defense dept type applications. There is no legitimate large market for smart jammers, so the jammer makers (e.g. in China) aren't going to invest much money and time in develo

  • to make your commute safer by keeping everyone focused on driving instead of yapping away? Lives could be saved.
    • by Anonymous Coward

      to make your commute more dangerous by keeping everyone focused on figuring out why their phone isn't working instead of paying any attention at all to the road?

      FIFY

  • fine a Chinese electronics maker $34.9 million

    try collecting on that...

  • Meanwhile (Score:5, Interesting)

    by ThatsNotPudding ( 1045640 ) on Thursday May 26, 2016 @07:50AM (#52186067)
    I now average about 6 telemarketer phone calls per day on my mobile, to the point I have to even shut off vibrate along with the ringer. I know this is more of an FTC issue, but this is becoming ridiculous and 'Do Not Call' is a fucking joke (as is my pre-pay carrier that allows me to block a grand total of 5 phone numbers). If DNC and the carriers (which are no doubt making bank off telemarketers) were serious, we would be able to instantly flag a number calling us directly within the phone interface.

    I wish there was a black list phone app that would block (as in not even trigger the phone circuitry) any phone number I flag, but I'm sure such a thing would ironically (or regulatory captured) be expressly forbidden by said FCC.
    • by c ( 8461 )

      I wish there was a black list phone app that would block (as in not even trigger the phone circuitry) any phone number I flag

      A lot of Android dialers (alternative or built-in) have this. It's of limited use with scam telemarketers as they usually use fake caller ids seeming local to the target (only differing from the target number by the last four digits). My carrier seems to have started to defeat that by prefixing those caller ids with 011.

      But yeah, we're at the point where the technology to report scam

    • My prepaid dumb phone lets me set the ring tone to "none," so I just have all the repeat spammers in my book. You have to do it in the phone contacts, not in the carrier interface.

    • by Rexdude ( 747457 )

      I wish there was a black list phone app that would block (as in not even trigger the phone circuitry) any phone number I flag, but I'm sure such a thing would ironically (or regulatory captured) be expressly forbidden by said FCC.

      Truecaller [truecaller.com] comes close. It has a crowdsourced blacklist of spammers (both telemarketing calls and bulk SMS senders) and can silently block incoming calls/divert spam SMSes. When you get a spam call, you can mark it as such and it will be added to their global blacklist.

  • They have to ban talking loudly and endlessly over a cellphone on public transportation then. It is sometimes unbearable and may even constitute a moral torture.
  • Quick! Before they make jammers illegal. Oh wait, they already are. Anyway, this reminds me of story some years ago about jammers where someone read of earlier story, went to ebay and purchase one and he mentioned, "Now my wife and I can have dinner at our favorite restaurant in peace."
  • So how come the FCC (and other Gov't TLAs) haven't cracked down on email spammers and telephone scammers as well? Also disruptive to communication. Maybe it will take a real weirdo president to put things into perspective. A couple candidates come to mind. And one of them thinks running one's own email system should be just a secure as what the feds can offer. How did Hillary avoid junk mails?

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