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”
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