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

A request under the Freedom of Information Act (FOIA) has been lodged by the Attorney General of Georgia with a federal agency regarding the enforcement of a ban on cell phone jammers in prisons across Georgia.

Attorney General Chris Carr’s office said this week that Carr filed a FOIA request with the Federal Communications Commission (FCC) following the agency’s “continued refusal to allow state and local law enforcement to jam the signal of contraband cellphones in prisons and jails.” Specifically, Carr is seeking all inter-agency correspondence related to his June 4, 2024, letter urging the FCC to allow for states to use cell phone jamming technology in prisons and jails. Carr is also seeking all documentation related to the FCC’s response denying the State’s request and information regarding the use of cell phone jamming devices at select federal prisons.

In a press release, Carr stated, "The challenge of combating contraband cellphones is compounded by an outdated policy that the federal government is reluctant to address or modify. The solution is evident: by blocking the signals of these contraband devices, we can effectively reduce the violent crimes orchestrated from behind bars and strengthen our public safety efforts. If the Biden administration is not willing to engage with us, they should step aside and let our officers perform their roles effectively."

The Federal Communications Commission (FCC) currently enforces a prohibition against the use of cell phone "blockers," a rule that extends to state and local government entities. Nonetheless, within prisons and jails across the United States, illegal cell phones are being used to organize and carry out violent incidents and other criminal actions, thereby endangering correctional officers, visitors, inmates, and the general populace.

A leader of the infamous street gang, the "Yves Saint Laurent Squad," currently imprisoned, utilized a contraband cell phone to orchestrate a hit that resulted in the death of an 88-year-old veteran from Georgia. In North Carolina, another gang leader directed the kidnapping of a prosecutor's father using a smuggled cell phone while incarcerated. Additionally, in California, prison gangs have been known to use illegal cell phones for drug trafficking and to arrange murders within the prison system.

In his June 2024 letter, Carr indicates that the current policy of the FCC is founded on a statute that has been in effect for decades. He elaborates, “The language of 47 U.S.C § 333 does not prevent the FCC from revising its policy to allow state agencies to use cell phone jamming devices in prisons. In fact, the United States Bureau of Prisons has already recognized the potential benefits of these jammers and is permitted to deploy them in various federal penitentiaries, including at least one in Georgia.”

In January 2023, Carr, in collaboration with 21 other attorneys general, advocated to Congressional leaders for the enactment of legislation that would allow states to introduce a cell phone jamming system in correctional facilities.

Collaborating with the Georgia Department of Corrections (GDC), the Carr’s Gang Prosecution Unit is actively investigating and prosecuting incarcerated individuals who are alleged to have participated in criminal gang activities, including discussions on the packaging and transportation of contraband into a GDC facility.