CTIA is the International Association for the Wireless Telecommunications Industry, Dedicated to Expanding the Wireless Frontier
Friday, November 20, 2009

CTIA Statement on MD Test of Cell Detection & Managed Access Tech to End Illegal Prison Cellphones

I issued the following statement today in response to the State of Maryland’s demonstration of cell detection and managed access technology to end contraband cell phone use in prisons:

“CTIA thanks the State of Maryland for hosting yesterday's successful demonstration of both cell detection and managed access technologies that can put a stop to illicit cell phone use by inmates.  The event provided an important opportunity for numerous states’ corrections officials to view the technology in the field. We were pleased that the vendors that tested their companies’ technologies successfully met Maryland's testing criteria. We look forward to continuing to work with corrections officials from Maryland and other states to put an end to the use of contraband phones in prisons while ensuring law-abiding citizens and the public safety community have access to reliable wireless service.”

To learn more about contraband cell phones in prisons, click here.

CTIA Statement on Senate Commerce Committee’s Passage of S.251

This afternoon, legislation to enable the jamming of illegal cell phone use by prison inmates, the Safe Prisons Communications Act of 2009 (S.251), was approved by the Senate Commerce Committee. The bill, authored by Sen. Kay Bailey Hutchison of Texas, would permit the FCC to authorize correctional facilities to operate cell phone jamming systems. The legislation includes safeguards to ensure that signal jamming does not impair the ability of public safety officials or legitimate commercial mobile radio service customers outside a correctional institution to access wireless services. I issued the following statement in response to the Committee’s action: 

"While CTIA believes policy should favor non-interfering technologies, we appreciate Senator Hutchison’s willingness to redraft her bill to protect commercial and emergency wireless communications from interference caused by the use of jamming systems. We are in complete alignment with the Senator on the need to prohibit wireless access by those who aren’t supposed to have it, and we commend her for the attention she has brought to this important public safety issue."

To learn more about contraband cell phones in prisons, click here.

Discussion on Cell Phones in Prisons with Maryland's Secretary Gary Maynard

The issue of contraband cell phones in prisons is one that CTIA, Congress, FCC, state policymakers, prison officials and public safety are working together to find the best solution that gets the devices out of the prisons without causing problems for public safety or legitimate users. 

This morning, Maryland Morning with Sheilah Kast (WYPR 88.1 FM, the Baltimore NPR affiliate) aired an interview with Secretary Gary Maynard from the Maryland Department of Public Safety and Correctional Services and me.

While Secretary Maynard and I agreed that getting cell phones out of prisoners' hands was the top priority, CTIA strongly believes that jamming technology is not the answer.  Instead, we believe cell detection and managed access technologies are better since they are:

1) lawful
2) currently available
3) do not cause interference for  public safety officials or legitimate consumers 
4) allow  law enforcement  to gather intelligence through wiretapping .

We also strongly believe that there needs to be tougher penalties for individuals who possess, provide or support contraband devices.  

You can listen to my interview on WYPR 88.1 FM here, and I hope you’ll take some time to learn more about Contraband Cell Phones in Prisons.  

 

Senate Testimony on Contraband Cell Phones in Prisons

This morning I testified before the Senate Committee on Commerce, Science and Transportation in a hearing on “Contraband Cell Phones in Correctional Facilities: Public Safety Impact and the Potential Implications of Jamming Technologies.”

In my testimony, I emphasized the industry’s commitment to work with Congress, correctional officers and public safety officials to find the right policy and technological solution that won’t harm the public’s legitimate cell phone use outside prisons. 

Some of the key points from my testimony included:

  • While the wireless industry is committed to helping policymakers to solve the problem of contraband phones in correctional institutions, jamming should not be a preferred solution since other economically viable, non-interfering technologies can assist correctional authorities in stopping the use of contraband phones.
  • Cell detection and managed access technologies are superior and preferred alternatives because they are lawful and currently available solutions that would not cause interference for legal consumers or public safety officials. In addition, these non-interfering technologies would avoid the problems associated with jamming and preserve law enforcement’s ability to gather intelligence through wiretaps.
  • Imposing tougher penalties for the possession, provision or support of contraband handsets is key to addressing the root of the problem and stopping the supply of such devices in prisons.  

My full testimony is available here  and I hope you’ll take some time to learn more about Contraband Cell Phones in Prisons

Insider Interview - Contraband in Prisons

The issue of using jamming technology to curb illegal use of cell phones by prisoners is discussed by CTIA Vice-President, Regulatory Affairs Chris Guttman-McCabe. McCabe details the industry's desire to work with corrections officials to end the problem in a way that won't interfere with the service of legitimate users in near proximity to facilities. To learn more watch this segment from our June installment of our Wonder of Wireless webcast, and take a few moments to see what else we have to offer in our June WOW.

 

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Cell Phone Jamming

Cell phone jamming is not only illegal, but is also a blunt, potentially ineffective instrument when not utilized by the federal government in rare instances. Learn more, in our March installment of WOW's Policy Point, on how wireless jamming technology is being illegally tested in some correctional institutions, and what legal solutions can be used to stop inmates from obtaining and using cell phones behind bars. Also see what else we have to offer in our March installment of CTIA’s Wonder of Wireless webcast.

 

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Illegal Cell Jamming Rejected Again

You might be aware of the recent increase in attention being given to wireless jamming technology and demonstrations of it in correctional institutions. Just a few hours ago the FCC's Wireless Telecommunications Bureau denied a Request for Special Temporary Authority (RSTA) by the DC Department of Corrections to test illegal jamming technology in one of its institutions. The Bureau recognized that the use of such technology is against the law, and that its ruling is consistent with 10 years of similar considerations that the sale, use, and marketing of devices intended to interfere with wireless communications are illegal. 

Jamming tests were recently permitted (in South Carolina) and prohibited (in Texas), and there's interest in other areas in exploring this possible solution to the problem of inmates' use of cell phone while they're behind bars. There are numerous problems with this 'solution', and I want to try and simply list them so you can see where the industry's coming from in opposing these illegal tests, and the reasonable alternatives we support.

#1-  As I've already said and as the existing law clearly states, jamming technology is illegal. That's crystal clear. 

#2- Possible solutions, such as cell detection technology, already exist and are being used. Cell detection does not disrupt cellular service, which jamming technology can potentially do for law-abiding citizens and public safety officials in the vicinity of a corrections facility deploying it. Cell detection allows corrections official to precisely locate where a contraband device is being used, so they can confiscate the device, punish the inmate user, and hopefully track down the source of the device.

#3- Just step back and think about the problem we're all interested in solving. Inmates are illegally obtaining and using cell phones. Obviously, they're getting them from somewhere. More specific and severe penalties ought to be enforced to rightly punish those smuggling contraband devices to inmates, as well as those illegally possessing and using them. Cut off the supply, and the problem goes away.

The wireless industry has a long history of supporting public safety, and wants corrections officials to have the tools they need to properly perform their important jobs. Our position on jamming technology takes that into serious account, and we believe we can collaboratively achieve the goal of increased safety without breaking the law and potentially causing serious interference problems for consumers and public safety officials. 

Cell Phone Jamming in Prison- What's the Real Issue?

There's been quite a lot of coverage lately about prison systems possibly using equipment to jam cellular frequencies inside their facilities. It's illegal for non-federal government entities to use jamming equipment in the United States, but there's a company trying to sell its wares to correctional institutions in the US, as it does overseas.  It recently conducted an illegal demonstration of its services in South Carolina, although a demonstration scheduled for today in Texas was canceled when the chairman of the Texas Board of Criminal Justice said they didn't want to break the law. Granted, Chairman Oliver Bell said the board is interested in working to change the law, but kudos to the Chairman Bell and other Texas officials for recognizing the current law. 


What I'd like to focus on is a couple of things I find interesting in this discussion. Number one- the commercial company hoping to sell its services to the prison systems claims Texas "chickened out" with its demonstration, according to a report earlier this week in TR Daily. Since when is following the law of the land "chickening out"! Do you "chicken out" when you stop at red lights or not steal from stores?  Just as ludicrous is the company president's suggestion that cell phone carriers are only interested in selling their service to prisoners. I can assure you that out of the approximately 175 billion minutes of voice calls that are made every month in the U.S., carriers would be quite content with not having whatever might be illegally coming out of cell block C. In fact, that position is preposterous!


Which brings me to the real issue here, and the one that I think we ought to be focusing on. Is anyone else besides me wondering how the cell phones are getting in prisons to begin with? And if it's so easy to smuggle a cell phone in, what else is getting into prisoners' hands? It seems to me that this is a far more important question that needs answered, and solving it would render this whole issue of jamming a moot point. 


CTIA President and CEO Steve Largent said in a letter to Texas State Representative Jerry Madden that the industry is working with the staff of U.S. Senators Kay Bailey Hutchison and John Cornyn to "identify solutions that provide for an effective deterrent, but ensure the reliability of all wireless communications- both commercial and public safety communications in bands adjacent to commercial radio spectrum." That eventual solution could be one of many forms, but rather than taking away a valuable safety tool from corrections employees in possibly life-threatening situations, which jamming could most certainly do, and quite likely disrupting commercial service in adjacent bands, the mission should be focusing on a practical answer to the fundamental question of how cell phones are getting behind bars in the first place.