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The Telecom Digest for August 08, 2010
Volume 29 : Issue 214 : "text" Format

Messages in this Issue:

EFF: Court Rejects Warrantless GPS Tracking(danny burstein)
Re: Do rate centers cross state lines?(Fred Goldstein)

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Date: Fri, 6 Aug 2010 18:10:16 -0400 From: danny burstein <dannyb@panix.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: EFF: Court Rejects Warrantless GPS Tracking Message-ID: <Pine.NEB.4.64.1008061808520.26119@panix5.panix.com> - this gets into the telecom field because, among other issues, we've got all those cell phones and related communications instruments that include geo-tracking capability... -------- [EFF press release] August 6th, 2010 Court Rejects Warrantless GPS Tracking EFF-ACLU Arguments Against Always-On Surveillance Win The Day Washington, D.C. - The U.S. Court of Appeals for the District of Columbia Circuit today firmly rejected government claims that federal agents have an unfettered right to install Global Positioning System (GPS) location-tracking devices on anyone's car without a search warrant. In United States v. Maynard, FBI agents planted a GPS device on a car while it was on private property and then used it to track the position of the automobile every ten seconds for a full month, all without securing a search warrant. .... The court agreed that such round-the-clock surveillance required a search warrant based on probable cause. The court expressly rejected the government's argument that such extended, 24-hours-per-day surveillance without warrants was constitutional based on previous rulings about limited, point-to-point surveillance of public activities using radio-based tracking beepers. Recognizing that the Supreme Court had never considered location tracking of such length and scope, the court noted: "When it comes to privacy...the whole may be more revealing than its parts." rest: http://www.eff.org/press/archives/2010/08/06-0
Date: Fri, 06 Aug 2010 22:49:04 -0400 From: Fred Goldstein <fgoldstein.SeeSigSpambait@wn2.wn.net> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: Re: Do rate centers cross state lines? Message-ID: <20100807024918.EC6CB30B41@mailout.easydns.com> On Thu, 5 Aug 2010 15:40:09 -0500 (CDT), jsw <jsw@ivgate.omahug.org> wrote, > >Sandy Valley NV in Clark County, SDVYNV11RS2, 702-723, also used to > >cover the handful of customers on the California side, > >Hmmmm ... This reminds me of a situation in the same general >area. > >The community known as Primm, NV, is right on the state line >between Nevada and California. The Nevada side has three >casinos and a shopping mall. > >IIRC, Primm is served from the Jean, NV CO, a few miles up >the highway. > >There is, however, a small bodega or convenience store just >a few feet across the California line, whose main business >is selling California Lottery tickets. I'm sure this place >has wireline phone service. IIRC it's only reachable, road >wise, from Nevada and there's no civilization of anything >meaningful on the California side for miles, except for >ranches and such. > >I'm curious if they have a Nevada phone number, or if some >kind of arrangements have been made for a California number. > >Next time I'm in the area I'll stop in and see if I can >find out. From Yelp: Primm Valley Lotto Store 31900 S Las Vegas Blvd Primm, NV 89019 (702) 679-5402 So it's a Nevada number and postal address. Per the Google map, Lotto Store Road is entirely in Nevada, with the state line along one side. The store is on the California side. I suggest, however, that the store's Nevada telephone number is not an example of a rate center crossing state lines. The Califunny side of the line is pretty remote and is probably not part of any ILEC's certificated territory. The Mountain Pass rate center is nearby but it just touches Nevada at a point (I think Nipton) and this appears to be outside of that area. A customer has the right to deliver their own phone service wherever they want it, even if it crosses state lines. The classic case on point here happened when Jim 'n' Tammy Faye Bakker opened up their theme park, Heritage USA, near Fort Mill, SC, with the property straddling the state line. Most of the park was in SC but they ordered phone service from BellSouth to be delivered to a hut on the NC side. (This made it a local call to Charlotte.) They then used an inside-the-park PBX to connect their buildings. The local ILEC in SC objected, but lost, since the customer demarcation was within BellSouth's NC territory. The Carowinds amusement park, very close to the former Heritage USA site, straddles the state line; it has a North Carolina street address and telephone number. Some of the businesses now occupying the Heritage USA site have SC phone numbers, but it appears that The Broadcast Group, which produces a religious-themed TV show from an office less than a mile into SC, has an NC phone number. So the Primm Valley Lotto Store probably gets its phone service from a demarc at the road side (in NV), and claims ownership of the wire into the building. Hence no "Primm, CA" rate center is needed. HOWEVER, the official California PUC rate center map does show a couple of places where the "Nevada LATA" crosses into California. One is Sandy Valley, which counts as a California rate center in LATA 721. Dial tone there comes from the Sandy Valley remote off of the Pahrump host, on the Las Vegas tandem. ATT (PacBell/Nevada Bell) is the ILEC. But another is Pahrump, a Nevada city along the state line. There is no Pahrump, CA rate center. A handful of buildings are on the California side of the line, nearby, and not near any other California towns. (The nearest California rate centers are Sandy Valley, Shoshone and Death Valley.) So it may well be that the states have agreed to treat the California sites as if they were in Nevada, for rating purposes at least. Or perhaps they get Sandy Valley numbers, though that's not what the map shows. Since Sandy Valley is served out of the Pahrump host, it would be no effort at all to have Sandy Valley numbers there. -- Fred Goldstein k1io fgoldstein "at" ionary.com ionary Consulting http://www.ionary.com/ +1 617 795 2701
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