electronic frontier foundation

Last year, in response to coverage that the FCC felt it had the authority to conduct warrantless searches of private property in its objective to clear the airwaves of unauthorized activity, the Electronic Frontier Foundation filed a Freedom of Information Act Request with the agency. It asked the FCC to somehow rectify the quandary between its self-stated authority and the U.S. Constitution’s Fourth Amendment, which protects the public from “unreasonable” (i.e., unwarranted) searches and seizures.
Last month, the FCC responded to the EFF’s FOIA request, releasing a small cache of well-redacted documents related to the agency’s field investigation techniques. In a document entitled “Basic Investigation Techniques – On-Scene Overview,” the Commission seems to make its position clear: “Agents should never trespass on private property. You do have legal authority to inspect any radio station (broadcast, land mobile, amateur, etc.) at any time; however, you should contact the property owner to gain access.” In a later chapter, properly entitled “Limits of Authority,” the prohibition against trespassing is further articulated and specifies that FCC field agents may be held criminally liable if break this law. Continue reading “FCC Field Enforcement: Fourth Amendment Still Rules, Apparently”

Although Congress may have just inadvertently given telecommunication companies a huge legal boost to engage in network management via the pretext of “terrorism-related” surveillance, it is a long shot from being a done deal. For starters, the Electronic Frontier Foundation has launched the first in what is expected to be a multi-lateral legal attack on the constitutionality of the FISA Amendments Act; the starting point is a claim that the law violates the separation of powers clause of the Constitution, in that Congress’ action unconstitutionally empowered the Executive branch while emasculating any judicial oversight or reprimand of abuses conducted under the permission of the legislature.
Should the entire FISA Amendments Act be declared unconstitutional – and not just the provision granting telecom companies retroactive immunity for spying on us without proper legal justification – the diminishment of network neutrality under the auspices of national security would be undermined, perhaps fatally. That would be a very good thing. EFF’s legal experts don’t expect action on their lawsuit to really begin to gain traction until later this year – right around (or shortly after) the November elections. The case itself won’t likely be resolved until sometime next year at the earliest. Continue reading “Glimmers of Hope for Network Neutrality”