What is a Cell Phone Jammer?
Jammers are devices that emit radio signals that interfere with the reception of other radio signals. Cell phone jammers disrupt access to cellular service and are illegal in the United States. A common example of a jammer is a device that emits a radio signal on the same frequency in which a cordless phone operates, thus preventing the cordless phone from accessing a base station. Wi-Fi transmitters also can be jammed with a similar device.
Jammers can be used for a variety of purposes, such as preventing a prisoner or a terrorist from using a phone, blocking cellular traffic in a hotel or movie theater, preventing a student from cheating on a test, or shutting down a cell phone tower to decrease service to residents . While the Federal Communications Commission’s (FCC) equipment authorization and technical rules are meant to prevent harm to persons, destruction of property, and harmful interference to licensees and other authorized users of communication services, all of which jammers can cause if operated or used improperly, the efficacy of the rules is undercut when illegal and unauthorized jammers are properly used.
Unofficial use of jammers has become so pervasive that while jammers are illegal they are also easy to purchase for as little as $30 on the Internet.
Federal Laws Governing Cell Phone Jammers
Aside from the various state laws, there also are many federal laws that prohibit the use of cell phone jammers. The Federal Communications Commission is the federal agency that investigates and penalizes those who use mobile phone jammers. The use of mobile phone jammers is illegal according to the Communications Act of 1934. Individuals who violate federal law by using a mobile phone jammer are subject to stiff financial penalties. In the past, a small number of FCC enforcement actions have resulted in civil penalties in excess of $100,000 per violator. The FCC almost always confiscates the illegal equipment, and it oftentimes will seize any illegal equipment that is purchased and received by a consumer.
State Statutes Vary Regarding Cell Phone Jammers
Beyond the federal laws and regulations, some states or individual school districts may have their own rules or exceptions regarding the use of cell phone jammers. For example, Arizona has a law that specifically excludes educational institutions from the prohibitions on cell phone jamming. However, the FCC has ruled that state statutes cannot permit the obstruction of lawful communications. In the case of Arizona providing an exception for educational institutions, it is unclear whether the FCC would preempt that state exception. It does appear that the FCC would be more likely to preempt state laws that allow jamming of wireless communications to the general public. That case is not clear-cut however, so a complete assessment of the risks involved would require further legal consultation.
Another example of a state exception is North Dakota, which appears to allow schools to use cell phone jammers on its property despite the contrary FCC ruling. The basis for the law seems to be that schools are a special type of institution and that teachers are allowed to maintain and control their own classroom environment and the tools that they need to facilitate education. Like the Arizona exception, however, the FCC would likely consider this contrary to federal law.
In most cases though, no state-specific laws or exceptions exist regarding the use of cellphone jammers by schools or school districts. Accordingly, the best advice is to stay away from cell phone jammers because of the risk of FCC sanctions or fines.
Arguments by Schools to Support Use of Cell Phone Jammers
Although many school administrators are clearly aware that the prohibition on the use of cell phone jammers in their schools is federally mandated, some have indicated they find the availability of these devices very tempting. They view them as a solution to discipline problems, cheating, and disruptions. Educators have long considered the disruptive effect that cell phones have on the learning environment. Not only can they be disruptive to kids who are trying to pay attention in class, and to teachers trying to teach, but the use of a cell phone to cheat is nearly infinite. Cell phones can be used to text answers to tests and quizzes, and to browse the Internet in search of answers. Of course these two arguments apply equally to the use of cell phones over an otherwise uninterrupted WiFi network. How could the use of cell phone jammers simply block cell phone signals so that students and teachers could not use them on campus? Without a signal, cell phones can’t work. Sorry kids, no texting answers to the test in Algebra II right now, and no grabbing the WiFi to search Wikipedia to learn about the French Revolution! Cell phone jammers have been sold online at sites such as eBay. If you search Google "cell phone jammer," you get numerous hits for sellers of jammers, as well as articles about various schools that have used jammers, or contemplated using them, and ultimately backed down.
Alternatives to Cell Phone Jammers
While the use of cell phone jammers are illegal, there are still legal alternatives to dealing with cell phone use in a school environment. Students clearly need mobile devices for various purposes, but not all of them are used for legitimate means. Phone-free zones can be used where students are expected to be strictly focused on a task, perhaps during a test, or when using a phone may pose an operational risk such as when there is a fire. These are simple and straightforward solutions , and they do not infringe on students’ rights.
Another option is to partner with educational technology experts who equip students with devices that have the capabilities to block phone calls and texting, yet allow the use of educational apps and other software and features permitted by the school. These people know how to block phone calls and texting on a device while still retaining features that are safe and useful for academic excellence.
Penalties for Schools
Currently, there is a $112,500 fine per illicit single transmitter. For instance, in 2013, Leonia High School’s fine steadily increased from $20,000 to $32,000 to $48,000 during the first quarter of the year. By August, the school had received fines of more than $140,000 for using cell phone jammers. The FCC has warned that as the fines increase, so too does the risk of criminal prosecution.
As of January 2014, the FCC began a five-month crackdown dubbed "Operation A/wireless," focusing on unlawful wireless devices, including jammers. Operation A/wireless began with a crackdown on Texas, Georgia, and California. The operation targeted organizations using jammers, distributers dealing in illegal cellphone-use device hacking technology, and government organizations using cell phone jammers for their own purposes. Any jammers not specifically approved by the FCC will be subject to these crackdowns.
In February of 2014, an Allegany County, Maryland, jail was fined $68,000 for using cell phone jammers. This punishment comes on the heels of a $34,000 fine imposed on a Brooklyn, New York, company in April of the same year. That company had sold a transmitter that blocked cellphone calls within half a mile of the transmitter, even if the call was coming from a network other than that of the transmitter’s owner.
In March 2014, a jail guard in Virginia was fired for the criminal use of a cell phone jammer. The guard used the jammer to disrupt inmate communications with the outside world. Just days later, a provider for AT&T’s Maryland offices had their cell phone jammers seized by the FCC. Similarly, a Pennsylvania man was fined $25,000 for the illegal use of a cell phone signal-blocking device that disrupted emergency calls.
Distributors that sell illegal jammers may also be subject to steep fines. An executor for a Maryland music festival had a fine of $31,875 imposed on him, as fines were levied on the individual and not only on the festival. At least three telecommunications companies have filed complaints with the FCC against a Georgia company for illegally selling the equipment to jammers who used them on public transportation systems.
International Use of Cell Phone Jammers
A review of publically available information shows that, in the overwhelming majority of countries, the use of cell phone jammers is prohibited by law. In many countries, the procurement, operation and possession of a cell phone jammer is a crime. Cell phone jammers are not permitted in most other countries even when purchased and operated in another country. The primary reason for this disallowance is the fact that along with the normal cellular signals that can be blocked by a cell phone jammer, other wireless services are also under threat of blockage. All kinds of services from WiFi to security alarm systems to medical telemetry equipment can be inappropriately affected by the use of cell phone jammers. The European Union has taken an aggressive stand against the use of all forms of jamming devices. The Telecommunications Equipment Directive 1999/5/Ec, ("The Directive") restricts the placing on the market and use of the following equipment: Countries within the EU were expected to adopt national legislation to give effect to the Directive. Below is a collated analysis of some of the EU member states laws on jammers (not an exhaustive list): In Australia, the Communications and Electronic Security Act prohibits the manufacture, importation and supply of any "mobile phone jammer." A Maximum of 2 years imprisonment and/or a fine of 2400 penalty units may be used as punishment for violations. The Singapore Infocomm Development Authority (IDA) has classified the use of cell phone jammers as a serious offense against the Telecommunications Act. Any person found guilty of using a mobile phone jammer will be liable to a fine not exceeding S$ 100,000 or to imprisonment for a term not exceeding three years or to both. In most of Asia, the sale or use of jammers is illegal. In regions where jammers are widely available online, the jammers are being purchased and shipped to customers in countries where the possession of these jammers is illegal. The Information Technology and Communications Law of Japan prohibits any processing or provision of information that interferes with the communication as prohibited by the Telecommunications Business Law (Paragraph 3 of Article 4 of the Telecommunications Business Law) labelled "bad-manner car alarms."
Conclusion
The key takeaway is that schools cannot allow mobile phone jamming. Jamming is a violation of federal law governed by the FCC, and is prohibited in all settings, including schools. For private companies, this can be a serious situation, with significant potential liability for large-scale adoption. The issue is not whether jammers have any legitimate use; they do. The issue is that the FCC, and the regulatory regime it enforces, do not and cannot regulate their use in a limited and responsible way .
Schools that are considering how to limit, restrict, or eliminate mobile phone use on campus have options that can work, and it is recommended that schools pursue those permissible measures directly, rather than adopting illegal measures that can have major consequences. This is especially true given that prohibitions against mobile phone use in schools are very common, and teachers and staff confiscate student cell phones at school all the time.
While it is a nuisance from a technological and privacy standpoint, the best way to go about limiting student cell phone use at school is by adopting and enforcing appropriate policies, supervision, confiscation, and parental engagement.