Posted by felineflock 1 day ago
> Fined $48k for using a jammer to keep commuters from using phones while driving
The person jammed 911, both on and off the freeway every single work-day for months. They also jammed legal usage of mobile devices on the freeway and in the surrounding area. They were rightfully fined, and if it discourages others then so much the better.
He got off lightly for 48k imo.
I agree, 48k is light.
Passengers are allowed to use their phones and your jammer won't discriminate. People can take hands-free calls and your jammer won't discriminate. Pedestrians can use their phones and your jammer won't discriminate. People who have broken down might want to call the AA. And so on.
What was this person thinking?
He unintentionally disrupted emergency communications in the course of intentionally disrupting ordinary people's communications.
I doubt he ever thought "I've got a good idea, I'll disrupt emergency communications".
He did a thing, on purpose, that had a side-effect of disrupting emergency communications. I don't know whether you'd say that qualifies as "intentional".
If it qualifies as intentional, are we saying that all possible unintended consequences are de facto intentions? Or only in this case?
If you rob a liquor store while armed and accidentally discharge your weapon - it’s an intentional murder. Doesn’t matter if you went in there thinking the gun was unloaded or if you told your friend in writing before you went in that you had no intention of hurting anyone.
Unintentional would be he had a jammer for hobbyist use and it somehow turned on by itself while it was being transported in his backpack. If he pressed the power button in an intentional manner and reasonably knew the outcome of what a jammer does it is intentional behavior.
He may not have had the explicit goal of disrupting emergency communication, but he absolutely knew he was doing so and intentionally performed the act anyways.
How could you prove that though? They could absolutely claim ignorance and be right, they might not have known... but it's still illegal and they'll still be punished. As the saying goes... "ignorance of the law is no excuse."
What I'd really like to know though, is the history of how/why it became that way.
Who got to decide that everyone must be presumed to know all the laws at all times, and why?
How is it fair that we expect everyone to know all applicable laws?
I realize that claiming ignorance would just lead to widespread abuse, but at the same time I don't think it's fair because laws are massively complex and ever-changing... no single person can reasonably be expected to know it all.
Here the guy bought a jammer that has exactly one use - jamming communications. He then presumably brought it with him on purpose and intentionally hit the power button to turn it on.
It’s not really a borderline case like some things could be.
It’s roughly the same as shooting at someone you hate who happens to be in a crowd and hitting a bystander on accident. It’s still an intentional act and you would be guilty of intentional murder of some type if they died.
This is uncomplicated. You ask him the question and he answers. The judge or jury decides whether he is telling the truth.
In the FCC link:
“Mr. Humphreys admitted to the agents that he purchased, owned, and used the device to block cell phone communications of nearby drivers for 16 to 24 months.”
Even if he claimed ignorance, it’s not a good defense when you’ve been doing this for close to two years
And yes, penalty for unintended consequences are a thing. Involuntary manslaughter, property damage caused by DWI, etc.
any reasonable person would have known they were interrupting emergency services. not a lawyer, but surely something akin to gross negligence would apply?
> His directed intention was to disrupt communication. He did not explicitly target EMS calls, however, his actions impacted EMS communications because of his intentions to disrupt communications.
Example:
If I poison the water for a city, my directed intention may be, "to lower pollution in the region". I am not specifically targeting children, however, a consequence of my intentions of poisoning the water will cause the death of children.
This fellow intentionally took a disruptive action. The consequences of those directed disruptions may have caused (had caused?) catastrophic consequences - that is part of why what he did was illegal. In breaking that law, he became culpable for the outcome for all of the harm caused, targeted or otherwise. Ultimately, it was an intention which presupposed, "My personal opinion supersedes all others." It's an self-centered obscenity without regard to others.
Driving to work yesterday I was almost side swiped on the parkway by a driver who was weaving and swerving because he was staring down at his phone as if he was the only person driving on the road at 45 MPH.
What was this person thinking?
So yeah, I don't agree with indiscriminately jamming everyone's phone but I get it. Driving in some areas is like navigating a lord of the flies playground.
if op is trying to cast someone making up rules in their head and going vigilante to enforce it on everyone else out of some sense of self-righteous indignation as some sort of heroic action the government is unfairly attacking, I doubt they're going to find many friendly to their perspective.
Indignant, short-sighted self-righteousness; and from the looks of it several other people here are feeling the same.
If I had the idea to do this I'd have to think about and work on it so long that they obvious reasons why it's not such a great idea would probably occur to me.
Either that or when an idea occurs to me I'm never so hyperfocused on it that I won't take a step back and stop asking myself if I can but if I should at some point early in the process.
He was thinking he wasn't going to get caught.
I guess I drove for close to three decades before cell phones and I seemed to do fine without them. We listened to the radio. So, no, I suppose it doesn't seem crazy to me.
Clearly it would be ideal if it could discriminate—people distracted by their phones—but of course it cannot.
He's imposing upon a common in a way that is taking that from everyone else - and, as noted, in a way that's potentially dangerous.
The real crime here, as usual, is that he inconvenienced a corporation. Had someone been obnoxiously interfering (in general - not radio-specific) with an individual or small business nothing will happen.
And think about the direct effect. Yes driving using a cell phone is dangerous. But do you really think cell phone addicted drivers will be MORE attentive when their signal starts to go in and out depending on their proximity to this driver? They will just give up? No, they will be more frustrated, looking at their phones more to see what is wrong, trying to redial, becoming even more of a risk to themselves and others.
This man made the roads less safe. Full stop.
He was incredibly lucky. Assuming there was no other criminal penalties, he screwed up royally and gets off with a fine he will be able to pay and a life that was not destroyed by the federal government.
I'm talking about in practice, not the theoretic world where no driver ever uses their phone.
And I agree, someone could become distracted. For example, some cars don't show signal strength on the dash, one might pull a phone out of pocket to investigate.
This is not universally true, and as a matter of policy, it should not be true -- making phone calls while driving is distracting, whether you are holding the phone in your hands or not.
Malarkey about how talking to someone on the phone, vs in person is a different level of distraction is silly, too. As long as your eyes are on the road, as long as it's hands free, it's fine.
I wonder if Humphreys had rigged up something that faded out the interference, and then used it when pulled over, if he could have "played dumb" enough to not get his vehicle searched? IE, if the interference "faded out" instead of abruptly turning off, would the FCC agents have suspected they got the wrong vehicle?
Likewise, if Humphreys had hidden the interference device well enough, such as inside the dashboard, could it have remained undiscovered during a search?
Or, did the FCC agents collect evidence in such a way that they would know to take the car apart?
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One trend that I've seen in cases against cell phone jammers is that the criminals often appear unsavvy; IE, they don't realize what they're doing is a crime, so they don't take precautions in case they're caught. (But that doesn't excuse their behavior.)
Well, here's another fun one I guess, where a trucker wanted to disrupt his log keeper but ended up interfering with an airport: https://transition.fcc.gov/eb/Orders/2013/FCC-13-106A1.html
In a way it doesn't surprise me one bit. In a world in which everybody is told they're important you get people who actually believe that they are more important than others to a degree they start seeing them as NPCs. And you don't actually care about NPCs getting inconvenienced or even killed as long as you are marginally safer yourself. I've seen someone wearing a t-shirt that said 'I'm a big deal'. I kid you not.