more on Theater Owners Want to Jam Cell Phones

[David Farber <dave () farber net>]

Begin forwarded message:

From: Lauren Weinstein <lauren () vortex com>
Date: December 21, 2005 11:16:53 PM EST
To: Lee Revell <rlrevell () joe-job com>
Cc: dave () farber net, lauren () vortex com
Subject: Re: [IP] Theater Owners Want to Jam Cell Phones


> As long as the theaters disclose that jamming devices are in use then
> what liability issues do you expect?

I think that they'd still get sued up the gazoo, and quite possibly
would lose, the first time a doctor couldn't be reached in an
emergency within a theater where they'd otherwise be reachable if not
for purposeful blocking.  I doubt that notifications would help one
bit.  I can see the TV news stories already, which would switch in an
instant from "protecting theater-goers from distractions" to "the
child who died due to a theater owner's jamming equipment"...

> Seems like a bit of a slippery slope.  If the theater owners don't  
> use a
> jamming device but know that cell phone reception is impossible inside
> due to the building's design, are they liable for failing to disclose
> that cell phones won't work in the theater?  Do we hold cellular
> operators liable if the system is not functional in an emergency  
> due to
> overload or even operator error and an "emergency" call does not get
> through?

In theory, theaters could use passive screening as well, but that
would tend to block out everything, including pagers and emergency
or police transceivers, etc.

Look, we're talking about movies, not brain surgery.  There's a
significant difference between purposeful and incidental
communications disruptions.  If a theater in the boonies just can't
get cell service that's one thing.  If a theater owner *purposely*
takes steps to disrupt such service where it would otherwise
be available that's something else entirely.

I'm just saying that unless the FCC were willing and able to both
grant permission for purposeful cell service disruptions, and
*also* provide immunity for lawsuits when such disruptions contribute
to real harm, anybody toying with thoughts of trying to block
cell service had better be prepared for the worst.

--Lauren--
Lauren Weinstein
lauren () pfir org or lauren () vortex com or lauren () eepi org
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
  - People For Internet Responsibility - http://www.pfir.org
Co-Founder, EEPI
  - Electronic Entertainment Policy Initiative - http://www.eepi.org
Moderator, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
DayThink: http://daythink.vortex.com




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