Warrantless searches courtesy of the FCC

I’ll bet that you didn’t know that if you have any of the following

• wireless router
• cordless phone
• cellphone
• remote control for <pick your appliance>
• baby monitor

you are now subject to warrantless searches by the FCC.

The FCC claims they have this right as a direct privilege of the Communication Act of 1934. While the constitutionality of the power has yet to be tested in court the proliferation of devices using the radio waves makes the potential for such a test much more likely.

The rules garnered some attention this month when an FCC agent investigating a pirate radio station left as copy of a 2005 FCC inspection policy on the door of the residence suspected of hosting the an unlicensed radio transmitter. While most lawyers familiar with this section of the FCC policies agree that its use of warrantless searches probably wouldn’t survive a court challenge refusing FCC admittance can carry a harsh financial penalty.

However there is a real concern as pointed out by Carlo Longino at Techdirt that this could be a back door around search and seizure laws

While it’s unlikely that the FCC will begin raiding homes to confiscate WiFi routers and garage door openers, there is speculation that should FCC agents enter a home and see evidence of unrelated criminal behavior, that evidence can be used for criminal prosecution. This could give law enforcement a potential back door around search and seizure laws, a move which certainly merits some concern.