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Canada Considers Legalizing Cell Phone Jamming Systems

Begins 90-day public comment period; industry warns of possible legal challenges

By Bob Brewin
March 12, 2001 12:00 PM ET

Computerworld - The Canadian government on Saturday kicked off a 90-day public comment period on whether to license technology aimed at preventing the inappropriate use of cell phones in places such as restaurants, theaters and concert halls.












Sound of Silence

The Canadian government:











Will decide before the end of this year on the licensing of cell phone silencers and conditions for their use.

Kicked off a 90-day public comment period March 10.

Is seeking input on removing regulations against the use of cell phone silencers.



Except for Israel, most countries, including the U.S., have blanket prohibitions against the use of any technology that jams or interferes with cell phone signals.


Industry Canada, the Canadian counterpart to the U.S. Department of Commerce, wants to obtain "the widest public views possible on the use of cell phone silencers," according to David Warnes, senior adviser for spectrum policy. Warnes said the Ottawa-based organization wants public input to help it make a decision on "whether and under what conditions license applications for these devices should be considered."


Canada will decide before year's end whether to change its current licensing policy, which prohibits the use of jamming technology except by public safety, law enforcement and other government agencies, Warnes said.


Marc Choma, a spokesman at the Canadian Wireless Telecommunications Association in Ottawa, said he believes that any technology that can block cellular phone use in Canada should remain illegal, primarily because it could interfere with public safety communications. "The public safety aspect is our greatest concern, since a lot of fire and police [departments] use the same frequencies as the public [cell] phone system," he said.


Choma said he believes that social pressure will eventually curb offensive use of cellular phones in inappropriate places. "As time progresses, society will dictate acceptable behavior," he said.


Possible Repercussions


The Radio Advisory Board of Canada (RABC), an Ottawa-based industry association of equipment manufacturers and service providers, said Industry Canada and the makers of cell phone silencers face potential legal repercussions if the technology is deployed.


In a position paper released in November, the Mobile and Personnel Communications Committee of the RABC said, in part, "Denial of service (especially emergency service) may have legal repercussions on the service providers, Industry Canada, the jammed provider and the public venue operator (concert hall, etc.) where some perceived harm or loss has occurred, particularly in situations where lives could have been or were lost."


Elliott Hamilton, an analyst at The Strategis Group in Washington, said that in his view, the use of cell phone jammers is a simple issue. "A business owner should be able to do what they want to do on their premises," Hamilton said. "I don't see anything wrong [with jammers], as long as their signal does not bleed into the public space."



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