I’ve been following the adventures of CellAntenna, the company that wants to sell cellphone jamming devices in the U.S., for awhile now. As lots of folks would love to jam cell phones — from hotels that hate losing the revenue from charging for use of their phones to theater venues that want customers to enjoy the show to schools trying to tamp down on texting in class — you would think there would be lots of these jammers on the market. The problem, of course, is that Section 333 of the Communications Act (47 U.S.C. 333) makes cell phone jamming illegal. Just in case anyone missed this rather straightforward statutory prohibition, the FCC officially clarified that Section 333 means “no cell phone jammers” in 2005.
Enter CellAnntenna, determined to sell cell phone jammers legally. If you are going to develop a legal on something illegal, you either need something real clever (like magic cellphone blocking nanopaint), or a strategy for changing the law coupled with the sort of stubbornness that does not mind slamming into a brick wall 99 times because you might dent it on the hundreth time. CellAntenna has apparently followed this later strategy — and may be making some headway.
CellAntenna initially tried to get courts to declare Section 333 unconstitutional. So far as I can tell, that’s going nowhere. Next, and far more successfully, CellAntenna has recruited prisons to push the idea that only cellphone jammers can resolve the problem that prison security sucks rocks. This has prompted a bill to create a “prison waiver” exception to Section 333 (House version here) and a raft of credulous stories like this one that prefer to ask “isn’t it awful that we can’t jam cell phones” rather than ask “what the $#@! do you mean we can’t secure our ‘maximum security’ prisons?”
I explore the issues, and why I think creating an exception to Sec. 333 would be a big mistake, below . . . .