Feeds

CTIA claims SF phone radiation law unconstitutional

Take my emissions figures from my cold, dead hands

High performance access to file storage

Cellular trade body The CTIA is challenging a San Francisco ordinance that requires radiation labels on every mobile phone sold, claiming that such a rule breaches the US constitution.

The ordinance, passed by the San Francisco Board of Supervisors in June, requires buyers to be informed "at the point of sale" about the radiative properties of different mobile phones. The CTIA reckons that requirement undermines the FCC's (national) rulings and is thus unconstitutional – states can't go around overruling federal bodies.

"San Francisco’s attempt to regulate the sale of wireless handsets improperly intrudes upon the FCC’s exclusive and comprehensive regulation of the safety of wireless handsets."

The FCC lists the Specific Absorption Rate (SAR) of different phone models on its own site, and the CTIA (which represents the US cellular industry) points out that many phones include the same information in the manual or accompanying documentation, but putting it at the point of sale will over-emphasise the relevance of an emotive figure. Not to mention that requiring such a thing would be illegal:

"The ordinance is thus not only scientifically unsupported, it violates the Supremacy Clause in Article VI of the United States Constitution and must be stricken."

So... having argued that the ordinance was insensible, and threatened to take it's business out of San Francisco, the industry is now trying a legal challenge to get the ordinance removed.

Which makes quite a lot of sense – those who believe they are being irradiated by their mobile phones aren't going to be convinced otherwise by logic, and the CTIA's annual show isn't that important to the San Francisco economy (the threat was only to relocate within California anyway), but a legal challenge on constitutional grounds is less emotive and it will be interesting to see how much money San Francisco is prepared to pay defending its ideals. ®

High performance access to file storage

More from The Register

next story
A black box for your SUITCASE: Now your lost luggage can phone home – quite literally
Breakfast in London, lunch in NYC, and your clothes in Peru
Broadband Secretary of SHEEP sensationally quits Cabinet
Maria Miller finally resigns over expenses row
Skype pimps pro-level broadcast service
Playing Cat and Mouse with the media
Beat it, freetards! Dyn to shut down no-cost dynamic DNS next month
... but don't worry, charter members, you're still in 'for life'
Like Google, Comcast might roll its own mobile voice network
Says anything's possible if regulators approve merger with Time Warner
EE dismisses DATA-BURNING glitch with Orange Mail app
Bug quietly slurps PAYG credit - yet EE denies it exists
Turnbull leaves Australia's broadband blackspots in the dark
New Statement of Expectations to NBN Co offers get-out clauses for blackspot builds
Facebook claims 100 MEEELLION active users in India
Who needs China when you've got the next billion in your sights?
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.