Saturday, August 13, 2011

San Francisco has boldly violated the Communications Act of 1934

San Francisco has boldly violated the Communications Act of 1934:

SEC. 2. [47 U.S.C. 152] APPLICATION OF ACT.
(a) The provisions of this act shall apply to all interstate and foreign communication by wire or radio and all interstate and foreign transmission of energy by radio, which originates and/or is received within the United States, and to all persons engaged within the United States in such communication or such transmission of energy by radio, and to the licensing and regulating of all radio stations as hereinafter provided


Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

From the FCC:


The operation of transmitters designed to jam or block wireless communications is a violation of the Communications Act of 1934, as amended ("Act"). See 47 U.S.C. Sections 301, 302a, 333. The Act prohibits any person from willfully or maliciously interfering with the radio communications of any station licensed or authorized under the Act or operated by the U.S. government. 47 U.S.C. Section 333. The manufacture, importation, sale or offer for sale, including advertising, of devices designed to block or jam wireless transmissions is prohibited. 47 U.S.C. Section 302a(b). Parties in violation of these provisions may be subject to the penalties set out in 47 U.S.C. Sections 501-510. Fines for a first offense can range as high as $11,000 for each violation or imprisonment for up to one year, and the device used may also be seized and forfeited to the U.S. government.

In SF transit blocks cellphones to hinder protest we see the use of tactics previously used by tinpot dictators and some foreign hospitals such as Jordan:

Transit officials blocked cellphone reception in San Francisco train stations for three hours to disrupt planned demonstrations over a police shooting.

Officials with the Bay Area Rapid Transit system, better known as BART, said Friday that they turned off electricity to cellular towers in four stations from 4 p.m. to 7 p.m. Thursday. The move was made after BART learned that protesters planned to use mobile devices to coordinate a demonstration on train platforms.

The tactic drew comparisons to those used by the former president of Egypt to squelch protests demanding an end to his authoritarian rule. Authorities there cut Internet and cellphone services in the country for days earlier this year.

"BART officials are showing themselves to be of a mind with the former president of Egypt, Hosni Mubarak," the Electronic Frontier Foundation said on its website.

The American Civil Liberties Union criticized the tactic, saying on its blog that it was the "wrong response to political protests."

BART officials were confident the cellphone disruptions were legal. They said in a statement that it's illegal to demonstrate on the platform or aboard the trains, and that it has set aside special areas for demonstrations.

So if they don't like you protesting they now break federal laws including availability of 911 and E911 ? How does depriving people not connected with a protest legalize an illegal act under federal law ?

SPQR

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