To: President Donald Trump, The United States House of Representatives, and The United States Senate
FCC: Investigate Alleged Cell Phone Jamming at Standing Rock #NoDAPL
Just Foreign Policy
Press the FCC & Justice Dept. to investigate whether law enforcement at Standing Rock are jamming communications or conducting surveillance of protesters' wireless communications without probable cause.
Why is this important?
Protestors at the Standing Rock #NoDAPL protest have alleged that police have jammed their cell phone communications [1] and have spied on their communications. [2] Cell phone jamming by state or local authorities is illegal, and general surveillance of protesters without probable cause violates the Fourth Amendment.
Proving or disproving allegations about jamming is very difficult for anyone except the Federal Communications Commission [FCC]. Only the FCC can work with wireless providers, protesters, and local law enforcement to find out definitively what’s going on. The FCC is the only expert agency with authority to require law enforcement to disclose their use of any wireless devices and the only agency with the expertise to assess what is actually happening. If the FCC investigates and finds that there is no illegal jamming happening, then it can settle this concern. If the FCC discovers that there is illegal jamming happening, it has an obligation to expose the jamming and use its power under federal law to order local law enforcement to stop interfering with First Amendment rights of freedom of speech and freedom of the press. [3]
Congress and the President may request the FCC to take appropriate action to determine whether illegal jamming is taking place, and whether law enforcement have violated the terms of the FCC license to use IMSI Catchers ("Stingrays") by expressly requiring local law enforcement to use IMSI Catchers in accordance with due process. The Administration can order the Justice Department to investigate whether local law enforcement have violated the civil rights of the protesters through unlawful surveillance and illegal disruption of their freedom to communicate and freedom of the press under the First Amendment.
Urge President Obama & Congress to act to protect the First and Fourth amendment rights of #NoDAPL protesters at Standing Rock by signing our petition.
References:
1. https://www.wired.com/2016/10/standing-rock-protesters-face-police-world-watches-facebook/
2. http://motherboard.vice.com/read/tech-behind-the-dakota-access-pipeline-protests
3. http://www.wetmachine.com/tales-of-the-sausage-factory/are-police-jamming-cell-phones-at-standing-rock-protest-the-fcc-should-investigate/
Proving or disproving allegations about jamming is very difficult for anyone except the Federal Communications Commission [FCC]. Only the FCC can work with wireless providers, protesters, and local law enforcement to find out definitively what’s going on. The FCC is the only expert agency with authority to require law enforcement to disclose their use of any wireless devices and the only agency with the expertise to assess what is actually happening. If the FCC investigates and finds that there is no illegal jamming happening, then it can settle this concern. If the FCC discovers that there is illegal jamming happening, it has an obligation to expose the jamming and use its power under federal law to order local law enforcement to stop interfering with First Amendment rights of freedom of speech and freedom of the press. [3]
Congress and the President may request the FCC to take appropriate action to determine whether illegal jamming is taking place, and whether law enforcement have violated the terms of the FCC license to use IMSI Catchers ("Stingrays") by expressly requiring local law enforcement to use IMSI Catchers in accordance with due process. The Administration can order the Justice Department to investigate whether local law enforcement have violated the civil rights of the protesters through unlawful surveillance and illegal disruption of their freedom to communicate and freedom of the press under the First Amendment.
Urge President Obama & Congress to act to protect the First and Fourth amendment rights of #NoDAPL protesters at Standing Rock by signing our petition.
References:
1. https://www.wired.com/2016/10/standing-rock-protesters-face-police-world-watches-facebook/
2. http://motherboard.vice.com/read/tech-behind-the-dakota-access-pipeline-protests
3. http://www.wetmachine.com/tales-of-the-sausage-factory/are-police-jamming-cell-phones-at-standing-rock-protest-the-fcc-should-investigate/