Georgia Attorney General files FOIA request with FCC to ban cell phone jammers

A Freedom of Information Act (FOIA) request has been filed by the Georgia Attorney General with a federal agency to investigate the ban on cell phone jammers within Georgia's correctional facilities.

The office of Attorney General Chris Carr reported this week that Carr has filed a FOIA request with the Federal Communications Commission (FCC) due to the agency's persistent refusal to permit state and local law enforcement to jam the signals of illegal cellphones in correctional institutions. Carr is specifically requesting all inter-agency correspondence linked to his letter from June 4, 2024, which urged the FCC to authorize the use of cell phone jamming technology in prisons and jails. Furthermore, he seeks all documentation regarding the FCC's rejection of the State's request and details about the use of jamming devices in selected federal prisons.

In a recent press release, Carr remarked, "The struggle against contraband cellphones is exacerbated by an outdated policy that the federal government refuses to amend or reassess. The answer is clear: by disrupting the signals of these unauthorized devices, we can significantly reduce the violent crimes that are planned from prison and bolster our public safety measures. Should the Biden administration choose not to cooperate, they ought to allow our officers the freedom to execute their responsibilities effectively."

The FCC has established a ban on the use of cell phone "blockers," a regulation that is applicable to both state and local governments. Nevertheless, in prisons and jails nationwide, unauthorized cell phones are frequently used to coordinate and carry out violent acts and other illegal activities, creating a considerable danger to correctional officers, visitors, inmates, and the broader community.

An imprisoned leader of the notorious "Yves Saint Laurent Squad" street gang employed a smuggled cell phone to arrange a hit, resulting in the death of an 88-year-old veteran from Georgia. In a separate incident in North Carolina, a gang leader orchestrated the kidnapping of a prosecutor's father using a contraband cell phone from prison. Furthermore, in California, prison gangs have been known to use illegal cell phones to traffic narcotics and to order killings within the prison environment.

In a letter from June 2024, Carr highlights that the current policy of the FCC is grounded in a statute that is several decades old. He further remarks, “There is nothing in the text of 47 U.S.C § 333 that restricts the FCC from altering its position to enable state agencies to employ cell phone jamming devices in prisons. In fact, the United States Bureau of Prisons has already recognized the potential advantages of cell phone jammers and is allowed to use these devices in various federal correctional institutions, including at least one in Georgia.”

In January 2023, Carr joined 21 colleagues who serve as attorneys general in appealing to Congressional leaders for the passage of legislation that would enable states to deploy a cell phone jamming system in correctional institutions.

In a joint effort, the Carr’s Gang Prosecution Unit has teamed up with the Georgia Department of Corrections (GDC) to investigate and prosecute individuals who are presently incarcerated and are alleged to have been involved in criminal gang activities, including discussions about the packaging and shipment of contraband into a GDC facility.