How is this legal? (selling cellphone and other radio jammers)

[Muxr]

https://www.theverge.com/2014/5/1/5672762/man-faces-48000-fine-for-driving-with-cellphone-jammer

I read this story recently where a guy drove and jammed people's smartphones on a daily commute. So I was thinking he probably made his own jammer, but it turns out these jammers are readily available for purchase.

A simple google search netted bunch of sources. The first one being in the US (jammer-store.com) just happily selling you RF jammers. They are even advertised on TV.

You technically can't even sell gear without FCC certification for EMC / EMI testing, yet these guys sell gear made precisely to do what it's not allowed.

What am I missing?

[ataradov]

Why it would be illegal? All you need is a licence to operate that equipment. But that's not the seller's business.

[Halcyon]

As always this will vary between countries. In Australia even possessing a GPS or mobile phone jammer is illegal, whether it's operating or not. They are often seized at customs as they enter the country from dodgy overseas sellers.

There are some legitimate uses for jammers which the Government use, such as denying inmates access to the mobile phone networks in jails. The Australian government is also currently trialling technology which allows them to intercept and take over control of drones around jails and correctional facilities (there have been recent cases where rouge operators have attempted to drop drugs and other prohibited items into jails via drone). Manufacturers of these types of products are appropriately licensed, heavily regulated, audited and are only permitted to sell to authorised government departments.

[Muxr]

Why it would be illegal? All you need is a licence to operate that equipment. But that's not the seller's business.

I don't understand how you can sell electronic devices which don't pass the FCC certification.

https://www.sparkfun.com/tutorials/398

Even non RF devices have to be tested for FCC compliance. And it is clear these would never pass those tests since their purpose is to do what the certification testing prohibits. These jammers are being sold to general public. Nowhere on that website do I see a special license requirement.

What's the point of FCC compliance testing when you can mass sell interference devices to general public?

[ataradov]

Their purpose is to transit signals with modulation characteristics similar to cell signals. They don't necessarily have to violate the law, they are certified the same way as normal base stations, and they transmit similar signals. You still need to have a licence, but as far as certification.

Now, I have no idea if it is legal to poses one of those without operating it.

You can go an buy shortwave radios right now from may places. But you need a licence to operate one of those as well.

[Muxr]

Their purpose is to transit signals with modulation characteristics similar to cell signals. They don't necessarily have to violate the law, they are certified the same way as normal base stations, and they transmit similar signals. You still need to have a licence, but as far as certification.

Now, I have no idea if it is legal to poses one of those without operating it.

You can go an buy shortwave radios right now from may places. But you need a licence to operate one of those as well.

Hmm, interesting point.

[jonovid]

cellphone jammers are the 21 century street weapon of choice.IMO
people have anxiety , panic attacks if the phone stopps working.
however the passive detection of cellphone use is by far more useful.

[Nerull]

According to US law, at least, manufacturing, importing, advertising, selling, or using these devices is illegal. The only exceptions are for public electrical utilities, but those devices are explicted prohibited form interfering with any licensed radio service, and the US government and agents thereof.

So yes, they violate the law. Possession itself does not seem to be a crime, but buying, selling, or making them is so you'd have to argue that the toothfairy dropped one under your pillow. And the second you turn it on its illegal.

     The Communications Act of 1934
        Section 301 - requires persons operating or using radio transmitters to be licensed or authorized under the Commission’s rules (47 U.S.C. § 301)
        Section 302(b) - prohibits the manufacture, importation, marketing, sale or operation of these devices within the United States (47 U.S.C. § 302a(b))
        Section 333 - prohibits willful or malicious interference with the radio communications of any station licensed or authorized under the Act or operated by the U.S. Government (47 U.S.C. § 333)
        Section 503 - allows the FCC to impose forfeitures for willful or repeated violations of the Communications Act, the Commission's rules, regulations, or related orders, as well as for violations of the terms and conditions of any license, certificate, or other Commission authorization, among other things.
        Sections 510 - allows for seizure of unlawful equipment (47 U.S.C. § 510)
    The Commission's Rules
        Section 2.803 - prohibits the manufacture, importation, marketing, sale or operation of these devices within the United States (47 C.F.R. § 2.803)
        Section 2.807 - provides for certain limited exceptions, such as the sale to U.S. government users (47 C.F.R. § 2.807)
    The Criminal Code (Enforced by the Department of Justice)
        Title 18, Section 1362 - prohibits willful or malicious interference to US government communications; subjects the operator to possible fines, imprisonment, or both (18 U.S.C. § 1362)
        Title 18, Section 1367(a) - prohibits intentional or malicious interference to satellite communications; subjects the operator to possible fines, imprisonment, or both (18 U.S.C. § 1367(a))

As to the comments above about needing a license, there is no license that allows operation of a jammer. There are no licensed users of these devices, so you can't say you're selling to them.

[T3sl4co1l]

Why it would be illegal? All you need is a licence to operate that equipment. But that's not the seller's business.

I don't understand how you can sell electronic devices which don't pass the FCC certification.

https://www.sparkfun.com/tutorials/398

Even non RF devices have to be tested for FCC compliance. And it is clear these would never pass those tests since their purpose is to do what the certification testing prohibits. These jammers are being sold to general public. Nowhere on that website do I see a special license requirement.

What's the point of FCC compliance testing when you can mass sell interference devices to general public?

FWIW, the FCC is presently occupied with performing services for the large national telecoms, and doesn't much care about menial things like shortwave or UHF.

Roughly speaking, the margin where your product gets noticed is on the order of 10-100k units and 5-10 years in the marketplace.

There's a lot of leeway for unnoticed violations on the "long tail".

I've seen industrial equipment that had never touched a testing lab before, and has been in use for a decade or two.  Was it simply quiet enough that it avoided any complaints?  Possible.

Rough times indeed for radio operators, these days...

Tim

[T3sl4co1l]

As to the comments above about needing a license, there is no license that allows operation of a jammer. There are no licensed users of these devices, so you can't say you're selling to them.

Well.  I wouldn't go that far, as there are still legitimate -- and important -- applications of them.

What laws does the military follow?  Are they exempted from civilian law?  Is there an exception for this case?  Are they only able to operate such devices in foreign countries (where domestic law doesn't apply, and, who gives a damn about local law in a military operation, after all)?

Tim

[Nerull]

The US Government, and by extension the US Military, is exempt from the prohibitions on jammers, which isn't the same as having a licensing system. The law simply doesn't apply to them.

"The provisions of this section shall not be applicable to...devices or home electronic equipment and systems for use by the Government of the United States or any agency thereof."

"Devices and home electronic equipment and systems for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications designed to achieve the objectives of reducing interference to radio reception and to home electronic equipment and systems, taking into account the unique needs of national defense and security."

The prohibition on jammers is very specific as to exempt uses, and there is no licensing mechanism to allow any other use.

[Red Squirrel]

I guess it's kind of like bongs (err "water pipes" ) and stuff of that nature in pot shops.  Everybody knows what they are being used for but they arn't illegal until they are used for that purpose.    There's a store near my work place that has all sorts of pot related stuff and bongs on display in the front window and I always laugh.  I'm just picturing little old ladies buying these things and decorating their house because it looks cool. 

[helius]

Of course it is a bit of a dead letter as any of the available SDR devices that can transmit can be used to "jam" or more accurately capture cellular mobile stations.
The same technique is used by femtocells to divert mobile stations from the carrier network, so there's no truth to the claim that it has never been licensed.

[JoeN]

How hard would something like this be to make yourself with a single good RF transistor?  I think not too hard.

[JoeN]

Yes. A Chinese company was exporting cellphone jammers to US for years, and it was fined by FCC tens of millions of dollars in 2016.

Heh.  How is that payment coming along?

[JoeN]

Yes. A Chinese company was exporting cellphone jammers to US for years, and it was fined by FCC tens of millions of dollars in 2016.

Heh.  How is that payment coming along?

Don't know, it was a fairly big private company, and it made headlines in China. I guess either the company paid the fine and sell to government/military, or the company said F you and withdrew from US market.

Not sure the U.S. sources a lot of government/military sales from China.  I am guessing as little as possible.  I don't know either, but I have always suspected that the chances of the U.S. government getting Chinese companies to pay fines approximates that of getting Russia to extradite their citizens to the U.S. - about zero.  But that's just my opinion, I may be wrong.

[CNe7532294]

I see nothing wrong with this at all. Its when you start using it and making harmful interference that it counts. Also right now I can easily buy a FRS radio that shares channels with GMRS and its not illegal. Manual states that its only illegal and subject to legal action if I transmit on GMRS with no license for use those channels. Nowadays its not even hard for the most casual of home gamers to actually make stuff like jammers. Another thing seller wise, you could just sell an unfinished kit and claim user responsibility for the user putting it together and using it. From soldering to even something like just plugging stuff (software and hardware) in like an arduino. The interwebs has a hand in this too. If not this site someone else will just pick the topic up elsewhere. If this shocks you, I'll have you know you can make a fully functional gun without anyone even knowing. Google "ghost guns". Even more scary is making it fully auto doing a little searching here and there and applying what was learned. North Hollywood in 1997 is a great testament to that.

Now as for if this is right or not is a debate for another day or post. For now I'll just say that I do see a use in jammers and that is if you want to make a "closed door" meeting really closed. Corporate espionage is a thing. Although one can argue you could just use a bug detector instead. Another thing is the workplace. Just like the guy in the article I'm sure there are bosses and even coworkers out there annoyed by that certain employee abusing their cellphone privileges. As long as the boss provides a means to call 911 (wired phones) and harmful interference doesn't reach outside of the work place I don't see an issue. Doesn't mean its legal though depending on where you live.

To summarize: Read my first 2 sentences. Also whether legal or not, its important to understand the consequences of what you are doing. That is if you care about safety. As mentioned in the article, jamming is grounds for denying 911 service to people in possible need of it even though your intent maybe to save lives and/or personal hardship by shutting down a texter.

To note: I'm American and OP is American. The article takes place in Florida, USA. Laws vary greatly from country to even regions or cities. Check with local law enforcement/regulatory body/lawyer to see legality on the use of anything. In this case, the FCC and ARRL/Ham radio are great sources to start where I live.

[amyk]

Also for RF testing in shielded environments. I doubt the FCC cares, much less can even know, if you're not jamming anyone but yourself.

[@rt]

In Australia at least, you can’t have a proper, otherwise legal transmitter, in a ready state for operation without a license,
so I can’t imagine anything like this being owned by any boofhead individual going down well with the ACMA.

[PartialDischarge]

How hard would something like this be to make yourself with a single good RF transistor?  I think not too hard.

Usually it’s an VCO module tuned at the frequnecy of interest ( L1 in gps for example) turned on and off, that simple

[TimFox]

There was a case in Chicago in 2016 where a disgruntled curmudgeon brought such a device onto the CTA L trains to silence other passengers' cell phones.  They caught him by sending an undercover cop to stand over him and use his phone.
I would have volunteered for the jury, since standing over someone and speaking loudly into ones phone is very bad manners.
see http://www.chicagotribune.com/news/local/breaking/ct-cellphone-jammer-suspect-met-20160331-story.html

[snarkysparky]

I want one for those times after lunch when I need to hit the bathroom but the stalls are full of people playing with their smartphones.

[PartialDischarge]

For technical reference here is a triband jammer. Basically 3 tuned VCOs turned on and off. Lithium battery on the other side + 3 helix antennas

[Nusa]

https://www.theverge.com/2014/5/1/5672762/man-faces-48000-fine-for-driving-with-cellphone-jammer

I read this story recently where a guy drove and jammed people's smartphones on a daily commute. So I was thinking he probably made his own jammer, but it turns out these jammers are readily available for purchase.

A simple google search netted bunch of sources. The first one being in the US (jammer-store.com) just happily selling you RF jammers. They are even advertised on TV.

You technically can't even sell gear without FCC certification for EMC / EMI testing, yet these guys sell gear made precisely to do what it's not allowed.

What am I missing?

You've made the assumption that US laws actually apply globally. jammer-store.com isn't based in the US (google tells me they're headquartered in Sweden), and they ship from japan, china, taiwan, or korea (that's stated on their site). For the most part, these laws you speak of don't actually apply to them. When you order from them, YOU become the importer and the breaker of applicable laws.

[Richard Crowley]

Gear that is identified as "Test Equipment" is apparently exempt from FCC approval.  Even if it is capable of "transmitting" RF.

"Lady Ada" Timor designed and published the plans for a cell phone general-purpose jammer when she was a student at MIT.
You can read about it, see the plans and photos still here online....

http://www.ladyada.net/make/wavebubble/