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> 47 U.S. Code § 333 - Willful or malicious interference > > No person shall willfully or maliciously interfere with > or cause interference to any radio

by kps 11y ago

> 47 U.S. Code § 333 - Willful or malicious interference > > No person shall willfully or maliciously interfere with > or cause interference to any radio communications of any > station licensed or authorized by or under this chapter > or operated by the United States Government. The method of interference (‘jamming’ or sending deauth packets) is irrelevant.

notacoward 11y ago
OK, let's play that game. What is the legal definition of "interference" with respect to this statute? What is the legal definition of "interference" with respect to the FCC? Does or should the FCC have jurisdiction over "interference" above the physical level? That's a pretty hotly debated topic. Extending the FCC's mandate in this way might not actually be such a great idea, even if it would have yielded the outcome you want in this particular case. Also, what makes 47§333 so sacred? ISTRC that it has been used to prosecute hackers that were doing nothing wrong. Personally, I think this set of issues should be addressed in a more organized way than by throwing random statutes and regulatory agencies at it.
- kps 11y ago
  > What is the legal definition of "interference" with respect to this statute? “Any emission, radiation or induction that [...] seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with this chapter.” (Emphasis added. The elision is specific to navigation and safety services.)
  - notacoward 11y ago
    So a particular bit pattern is an "emission, radiation, or induction" under the law? Interesting thought.
    - kps 11y ago
      No, the “emission, radiation, or induction” of the bit pattern is an “emission, radiation, or induction”. The bit pattern is perfectly fine; you can print it on a t-shirt or tattoo it on your forehead and the law won't care. You can even emit, radiate, or induce it as long as that doesn't willfully or maliciously seriously degrade, obstruct or repeatedly interrupt a radiocommunications service.
    - Dylan16807 11y ago
      The words "I am here representing your bank, please give me your money to deposit" are not illegal, but particular uses of those words are illegal.
    - wglb 11y ago
      No, seriously degrades, obstructs or repeatedly interrupts a radiocommunications service is illegal under the law.

by kps 11y ago

notacoward 11y ago

OK, let's play that game. What is the legal definition of "interference" with respect to this statute? What is the legal definition of "interference" with respect to the FCC? Does or should the FCC have jurisdiction over "interference" above the physical level? That's a pretty hotly debated topic. Extending the FCC's mandate in this way might not actually be such a great idea, even if it would have yielded the outcome you want in this particular case. Also, what makes 47§333 so sacred? ISTRC that it has been used to prosecute hackers that were doing nothing wrong. Personally, I think this set of issues should be addressed in a more organized way than by throwing random statutes and regulatory agencies at it.

kps 11y ago
> What is the legal definition of "interference" with respect to this statute? “Any emission, radiation or induction that [...] seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with this chapter.” (Emphasis added. The elision is specific to navigation and safety services.)
- notacoward 11y ago
  So a particular bit pattern is an "emission, radiation, or induction" under the law? Interesting thought.
  - kps 11y ago
    No, the “emission, radiation, or induction” of the bit pattern is an “emission, radiation, or induction”. The bit pattern is perfectly fine; you can print it on a t-shirt or tattoo it on your forehead and the law won't care. You can even emit, radiate, or induce it as long as that doesn't willfully or maliciously seriously degrade, obstruct or repeatedly interrupt a radiocommunications service.
  - Dylan16807 11y ago
    The words "I am here representing your bank, please give me your money to deposit" are not illegal, but particular uses of those words are illegal.
  - wglb 11y ago
    No, seriously degrades, obstructs or repeatedly interrupts a radiocommunications service is illegal under the law.