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

The Attorney General of Georgia has formally requested information under the Freedom of Information Act (FOIA) from a federal agency about the existing ban on cell phone jammers in Georgia's prison system.

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.

Carr noted in a press release, "Law enforcement is currently facing difficulties in addressing the issue of contraband cellphones, largely due to an obsolete policy that the federal government refuses to reconsider. The solution is straightforward: by blocking the signals of these unauthorized devices, we can help mitigate the violent crimes that are coordinated from within prisons and enhance our overall public safety initiatives. If the Biden administration is not inclined to collaborate, they should allow our officers to fulfill their duties without obstruction."

The FCC has instituted a ban on the use of cell phone "blockers," a restriction that is also applicable to state and local governments. However, in correctional facilities throughout the country, contraband cell phones are being utilized to plan and execute violent attacks and other criminal activities, which poses a significant threat to correctional officers, visitors, inmates, and the public at large.

An incarcerated leader of the notorious "Yves Saint Laurent Squad" street gang used a contraband cell phone to order a hit, which led to the death of an 88-year-old veteran from Georgia. In North Carolina, a gang leader similarly ordered the kidnapping of a prosecutor's father through the use of an illegal cell phone while in prison. Furthermore, in California, prison gangs have exploited contraband cell phones to facilitate drug trafficking and to arrange murders within the correctional facilities.

In his June 2024 letter, Carr notes that the FCC’s current policy relies on a decades-old statute. He further states: “Nothing in the language of 47 U.S.C § 333 prohibits the FCC from revising its position to allow state agencies to use cell phone jamming devices in prisons. In fact, the United States Bureau of Prisons has recognized the potential value of cell phone jammers already and is permitted to use jamming devices at several federal penitentiaries, including at least one in Georgia.”

In January 2023, Carr, along with 21 other attorneys general, pressed Congressional leaders to pass legislation that would grant states the authority to implement a cell phone jamming system in correctional facilities.

The Carr’s Gang Prosecution Unit has established a partnership with the Georgia Department of Corrections (GDC) to investigate and prosecute those currently incarcerated who are suspected of involvement in criminal gang activities, particularly in relation to discussions about the packaging and shipping of contraband items into a GDC facility.