Berkeley Jail Cellphone Shout Out Correct To Know Ordinance
To reckon media coverage well-nigh the Berkeley jail Galvanic cell telephone "right to know" ordinance
and the CTIA's lawsuit: http://bit.ly/berkeleymedia
Updates
The U.S. Supreme Court issued a ruling inward CTIA v. Berkeley today. The CTIA had petitioned the Supreme Court to overturn the ruling made past times the Ninth Circuit Court of Appeals. The appeals courtroom had ruled against the CTIA's asking for a preliminary injunction that would block the city's jail Galvanic cell telephone "right to know" ordinance pending resolution of the case. The ordinance was adopted inward May, 2015 together with has been inward number since March, 2016.
Instead of hearing the case, the Supreme Court sent the case back to the appeals courtroom for farther consideration. The Supreme Court wants the appeals courtroom to review CTIA v. Berkeley inward low-cal of a novel ruling inward some other case.
In NIFLA v. Becerra, the Supreme Court invalidated a California law that requires "pregnancy crisis centers" to provide information to patients well-nigh the availability of abortion services. Since these centers essay to halt women from having abortions, they are opposed to providing their patients amongst such information.
The Supreme Court clarified the limits of their ruling in NIFLA v. Becerra. This limitation should assist Berkeley defend its ordinance inward subsequent legal proceedings:
SCOTUSblog has a summary of the issues, chronology of the filings, together with links to all briefs submitted to the Supreme Court.
The CTIA -The Wireless Association has petitioned the United States of America of America Supreme Court to hear their illustration against the City of Berkeley’s jail Galvanic cell telephone “right to know” ordinance.
The urban centre prevailed inward the federal district courtroom together with inward the Ninth Circuit Court of Appeals. In Oct of concluding year, the appeal courts denied the CTIA’s asking for a hearing earlier the total court.
The case, “CTIA - The Wireless Association, Petitioner v. City of Berkeley, California, et al.,” was filed on the Supreme Court docket on Jan 9, 2018 equally No. 17-976.
October 18, 2017
Yesterday the CTIA submitted a declaration to the federal district courtroom regarding futurity management of the case. The CTIA indicated that it may petition the Supreme Court for a hearing fifty-fifty though the appeals courtroom denied an en banc hearing.
According to the statement, both parties to the illustration have got agreed that uncovering together with a trial is unnecessary, together with neither political party is willing to settle the case. The CTIA has until Jan 9, 2018 to petition the Supreme Court for a hearing.
October 11, 2017 (updated Oct 12, 2017)
The urban centre of Berkeley won a determination inward the federal appeals courtroom today. The ninth Circuit Court of Appeals refused to reconsider its Apr determination to uphold a Berkeley ordinance that requires jail Galvanic cell telephone retailers to warn customers well-nigh possible radiations exposure.
The courtroom rejected arguments made past times the CTIA--The Wireless Association which argued for an en banc hearing of the illustration past times a panel of 11 appeals courtroom judges.
The bulk sentiment stated that upholding the court’s prior determination is consistent amongst 4 other circuit courts that have got held government's right to compel “purely factual” commercial speech communication to serve a compelling regime interest, even inward the absence of consumer deception.
“The determination of the district courtroom was right — twice. The determination of the courtroom of appeals was right — directly twice,” Harvard Law professor Lawrence Lessig, who argued for the urban centre inward the case, said inward an e-mail to The Recorder. “We are hopeful that this volition convey an halt to this case, together with the City of Berkeley volition 1 time to a greater extent than live on costless to principle its citizens equally its citizens demand.”
The Natural Resources Defense Council submitted a brief to back upward the City of Berkeley. The Association of National Advertisers, the American Beverage Association, together with the Chamber of Commerce submitted briefs inward back upward of the CTIA.
April 21, 2017
Feb 19, 2017
Although it has been 5 months since the federal appeals courtroom hearing, the three-judge panel has yet to dominion on the asking past times the CTIA to block enforcement of the Berkeley jail Galvanic cell telephone "right to know" ordinance until the CTIA's lawsuit against the urban centre is adjudicated. In the meantime the law is inward effect.
Judge Edward M. Chen has scheduled a illustration management conference in federal district courtroom on March 23rd.
Sep 14, 2016
Video: Ninth Circuit Court of Appeals hearing: CTIA v. Berkeley
9/13/2016 (41 minutes)
CTIA - The Wireless Association appeals from the lodge dissolving a preliminary injunction inward its suit challenging a Berkeley ordinance that requires jail Galvanic cell telephone retailers to provide a surely notice regarding radiofrequency release energy emissions.
https://www.youtube.com/watch?v=NU2IqWFM5KY
Sep 13, 2016
Audio: Ninth Circuit Court of Appeals hearing: CTIA v. Berkeley (case no.16-15141)
9/13/2016 (41 minutes; 28 MB file)
http://bit.ly/ctiaberkeley091216
Sep 12, 2016
To hear to the alive sound feed from the courtroom tomorrow move to http://www.ca9.uscourts.gov and click on the link listed at "Live Streaming Oral Arguments CR1." Due to media involvement inward this case, the hearing has been scheduled for 9:30 A.M. Pacific time.
Sep 1, 2016
On September 13, the Ninth Circuit Court of Appeals volition grip a hearing to consider whether to overturn the district court's determination that denied the CTIA's asking for a preliminary injunction to block implementation of Berkeley’s cellular telephone ordinance until the illustration was decided.
Berkeley's law has been inward number since March afterwards the Circuit Court decided to uphold the federal district court's determination to deny the CTIA's asking for a preliminary injunction.
According to the City’s latest brief:
Note:
The article inward The Guardian refers to EMFscientist.org. On Monday, May 11th, 190 scientists from 39 nations submitted an appeal to the United Nations, the United Nations fellow member states, together with the World Health Organization (WHO) requesting they adopt to a greater extent than protective exposure guidelines for electromagnetic fields (EMF) together with wireless engineering scientific discipline inward the confront of increasing evidence of risk.*
These exposures are a speedily growing shape of environmental pollution worldwide.
Berkeley Adopts Cell Phone "Right to Know" Ordinance on Unanimous Vote
This eve the Berkeley City Council adopted the jail Galvanic cell telephone "right to know" ordinance on a unanimous vote of 9-0. Berkeley is the root urban centre inward the land to plough over a jail Galvanic cell telephone radiations ordinance since San Francisco disbanded its ordinance afterwards a two-year courtroom battle amongst the CTIA
Harvard Law Professor Lawrence Lessig helped draft the ordinance together with presented it to the Council on behalf of urban centre staff.
The entirely opposition to the ordinance came from the CTIA--The Wireless Association. The CTIA claims that consumers would live on scared if they were directed to read the information that the FCC requires they provide to consumers.
May 5, 2015
Berkeley residents want, deserve cellular telephone ‘right to know’
and the CTIA's lawsuit: http://bit.ly/berkeleymedia
Sep 22, 2018
The Berkeley City Council held a closed session coming together on September xx to speak over amongst their lawyers the condition of ongoing litigation pertaining to the jail Galvanic cell telephone "right to know" law (CTIA v Berkeley) together with some other legal case.
Prior to the closed session, the council heard world comments from well-nigh 8 speakers inward back upward of the jail Galvanic cell telephone ordinance. The speakers included Max Anderson, a erstwhile council fellow member who sponsored the ordinance inward 2015, together with Ellen Marks, founder of the California Brain Tumor Association.
When the council re-convened inward opened upward session, they re-affirmed the city's commitment to defend the law against the CTIA's lawsuit.
June 28, 2018 (Updated July 2)
Berkeley City Council Re-Affirms City's Commitment to Defend its
Landmark Cell Phone "Right to Know" Law against CTIA's Lawsuit
The Berkeley City Council held a closed session coming together on September xx to speak over amongst their lawyers the condition of ongoing litigation pertaining to the jail Galvanic cell telephone "right to know" law (CTIA v Berkeley) together with some other legal case.
Prior to the closed session, the council heard world comments from well-nigh 8 speakers inward back upward of the jail Galvanic cell telephone ordinance. The speakers included Max Anderson, a erstwhile council fellow member who sponsored the ordinance inward 2015, together with Ellen Marks, founder of the California Brain Tumor Association.
The speakers made the next points:
- This landmark ordinance is sound from a policy together with legal perspective.
- The law has received substantial local and national media coverage which has helped spread an of import world wellness message throughout the country.
- The urban centre has prevailed at every degree inward the federal judicial scheme inward defending the ordinance against the CTIA's lawsuit.
At the conclusion of the world hearing, the council discussed the illustration amongst the City Attorney together with Harvard Law Professor Lawrence Lessig, the Pb attorney who is working on this illustration pro bono.
When the council re-convened inward opened upward session, they re-affirmed the city's commitment to defend the law against the CTIA's lawsuit.
News coverage of this meeting: Daily Californian together with CBS San Francisco.
Supreme Court Issues Ruling on Berkeley Cell Phone "Right to Know" Ordinance
The U.S. Supreme Court issued a ruling inward CTIA v. Berkeley today. The CTIA had petitioned the Supreme Court to overturn the ruling made past times the Ninth Circuit Court of Appeals. The appeals courtroom had ruled against the CTIA's asking for a preliminary injunction that would block the city's jail Galvanic cell telephone "right to know" ordinance pending resolution of the case. The ordinance was adopted inward May, 2015 together with has been inward number since March, 2016.
Instead of hearing the case, the Supreme Court sent the case back to the appeals courtroom for farther consideration. The Supreme Court wants the appeals courtroom to review CTIA v. Berkeley inward low-cal of a novel ruling inward some other case.
In NIFLA v. Becerra, the Supreme Court invalidated a California law that requires "pregnancy crisis centers" to provide information to patients well-nigh the availability of abortion services. Since these centers essay to halt women from having abortions, they are opposed to providing their patients amongst such information.
The Supreme Court clarified the limits of their ruling in NIFLA v. Becerra. This limitation should assist Berkeley defend its ordinance inward subsequent legal proceedings:
"... nosotros do non inquiry the legality of wellness together with security warnings long considered permissible, or purely factual together with uncontroversial disclosures well-nigh commercial products." (National Institute of Family together with Life Advocates v. Becerra, Opinion of the Court, pp. 16-17) https://www.supremecourt.gov/opinions/17pdf/16-1140_5368.
Berkeley provided the lower courtroom amongst empirical evidence that most residents are unaware of the security information that jail Galvanic cell telephone manufacturers provide. Yet, the Federal Communications Commission requires manufacturers to give away the jail Galvanic cell phone's minimum torso separation distance together with recommend to consumers the purpose of an approved holder that complies amongst this separation distance.
The city's jail Galvanic cell telephone "right to know" ordinance requires jail Galvanic cell telephone retailers either to post a notice or provide consumers amongst the next security information:
“To assure safety, the Federal Government requires that jail Galvanic cell phones run across radiofrequency (RF) exposure guidelines. If yous send or purpose your telephone inward a pants or shirt bag or tucked into a bra when the telephone is ON together with connected to a wireless network, yous may overstep the federal guidelines for exposure to RF radiation. Refer to the instructions inward your telephone or user manual for information well-nigh how to purpose your telephone safely.”
The urban centre requires jail Galvanic cell telephone retailers to display the to a higher house factual notice. The notice does non brand whatever claims well-nigh wellness risks from jail Galvanic cell telephone use. Since the ordinance has been inward number for to a greater extent than than ii years without creating whatever tilt amidst consumers or disruption to jail Galvanic cell telephone retail businesses inward the city, it is uncontroversial.
The Berkeley jail Galvanic cell telephone "right to know" ordinance requires jail Galvanic cell telephone retailers to provide consumers amongst "purely factual together with uncontroversial disclosures well-nigh commercial products." Hence, the ordinance volition probable withstand legal challenges from the CTIA together with its corporate allies.
SCOTUSblog has a summary of the issues, chronology of the filings, together with links to all briefs submitted to the Supreme Court.
June 15, 2018
The CTIA together with the City of Berkeley filed a joint brief today amongst the federal district courtroom inward northern California to house a grip on their illustration until the U.S. Supreme Court decides whether to hear the CTIA's illustration against the city's jail Galvanic cell telephone "right to know" ordinance.
Although the Supreme Court held a coming together well-nigh the illustration on May 10, 2018 to consider the CTIA's petition, the courtroom has yet to number a decision.
January 13, 2018
The CTIA -The Wireless Association has petitioned the United States of America of America Supreme Court to hear their illustration against the City of Berkeley’s jail Galvanic cell telephone “right to know” ordinance.
The CTIA argues that the ordinance forces cell-phone retailers to deliver a misleading together with controversial message to customers. The urban centre asserts that the message is “literally true”; moreover, the urban centre has a legitimate involvement inward protecting the wellness of its residents.
Berkeley’s ordinance which was adopted inward May, 2015, has been inward number since March, 2016. The law requires cellular telephone retailers to provide consumers amongst the next notification:
“To assure safety, the Federal Government requires that jail Galvanic cell phones run across radiofrequency (RF) exposure guidelines. If yous send or purpose your telephone inward a pants or shirt bag or tucked into a bra when the telephone is ON together with connected to a wireless network, yous may overstep the federal guidelines for exposure to RF radiation. Refer to the instructions inward your telephone or user manual for information well-nigh how to purpose your telephone safely.”
The appeals courtroom ruled that regime may compel commercial speech, absent whatever alleged imitation or deceptive communication, equally long equally the mandated message is “reasonably related to” whatever “more than trivial” governmental involvement together with is “literally true.”
The urban centre prevailed inward the federal district courtroom together with inward the Ninth Circuit Court of Appeals. In Oct of concluding year, the appeal courts denied the CTIA’s asking for a hearing earlier the total court.
The case, “CTIA - The Wireless Association, Petitioner v. City of Berkeley, California, et al.,” was filed on the Supreme Court docket on Jan 9, 2018 equally No. 17-976.
The CTIA is represented past times Theodore Olson, a erstwhile U.S. Solicitor General, from the law trouble solid Gibson Dunn & Crutcher LLP.
The urban centre is represented past times Harvard constitutional law professor Lawrence Lessig, Amanda Shanor, a Ph.D. candidate at Yale Law School, together with Farimah Brown together with Savith Iyengar of the Berkeley urban centre attorney’s office.
The CTIA’s petition together with appendix tin live on downloaded from the Supreme Court’s spider web site.
October 18, 2017
Yesterday the CTIA submitted a declaration to the federal district courtroom regarding futurity management of the case. The CTIA indicated that it may petition the Supreme Court for a hearing fifty-fifty though the appeals courtroom denied an en banc hearing.
According to the statement, both parties to the illustration have got agreed that uncovering together with a trial is unnecessary, together with neither political party is willing to settle the case. The CTIA has until Jan 9, 2018 to petition the Supreme Court for a hearing.
October 11, 2017 (updated Oct 12, 2017)
The urban centre of Berkeley won a determination inward the federal appeals courtroom today. The ninth Circuit Court of Appeals refused to reconsider its Apr determination to uphold a Berkeley ordinance that requires jail Galvanic cell telephone retailers to warn customers well-nigh possible radiations exposure.
The courtroom rejected arguments made past times the CTIA--The Wireless Association which argued for an en banc hearing of the illustration past times a panel of 11 appeals courtroom judges.
The bulk sentiment stated that upholding the court’s prior determination is consistent amongst 4 other circuit courts that have got held government's right to compel “purely factual” commercial speech communication to serve a compelling regime interest, even inward the absence of consumer deception.
The minority opinion argued that because the Federal Communications Commission already requires radiations disclosures inward novel cellular telephone user manuals, Berkeley’s “misleading” disclosure is “completely unnecessary.”
“The determination of the district courtroom was right — twice. The determination of the courtroom of appeals was right — directly twice,” Harvard Law professor Lawrence Lessig, who argued for the urban centre inward the case, said inward an e-mail to The Recorder. “We are hopeful that this volition convey an halt to this case, together with the City of Berkeley volition 1 time to a greater extent than live on costless to principle its citizens equally its citizens demand.”
The Natural Resources Defense Council submitted a brief to back upward the City of Berkeley. The Association of National Advertisers, the American Beverage Association, together with the Chamber of Commerce submitted briefs inward back upward of the CTIA.
The court's ruling tin live on downloaded at http://bit.ly/9thCircuitRuling.
April 24, 2017
Today Reuters summarized the federal appeals courtroom ruling on the Berkeley jail Galvanic cell telephone radiations illustration inward an article entitled, "When the regime tin brand businesses talk."
For other intelligence accounts, see http://bit.ly/berkeleymedia.
April 24, 2017
Today Reuters summarized the federal appeals courtroom ruling on the Berkeley jail Galvanic cell telephone radiations illustration inward an article entitled, "When the regime tin brand businesses talk."
For other intelligence accounts, see http://bit.ly/berkeleymedia.
April 21, 2017
Today the urban centre of Berkeley won a major determination inward a federal appeals court. The courtroom denied a asking past times the CTIA--The Wireless Association to block Berkeley’s landmark jail Galvanic cell telephone “right to know” ordinance.
Berkeley’s ordinance which has been inward number since March 21 of concluding yr requires cellular telephone retailers inward the urban centre to provide consumers amongst the next notification:
“To assure safety, the Federal Government requires that jail Galvanic cell phones run across radiofrequency (RF) exposure guidelines. If yous send or purpose your telephone inward a pants or shirt bag or tucked into a bra when the telephone is ON together with connected to a wireless network, yous may overstep the federal guidelines for exposure to RF radiation. Refer to the instructions inward your telephone or user manual for information well-nigh how to purpose your telephone safely.”
The iii judges who heard the illustration on September 13, 2016 for the Ninth Circuit Court of Appeals upheld the district court’s denial of the manufacture association’s asking for a preliminary injunction. The panel determined that “there was no irreparable harm based on the First Amendment or preemption, that the residue of equities tipped inward Berkeley’s favor, that the ordinance was inward the world interest, together with that an injunction would harm that interest.”
Although the federal appeals courtroom hearing entirely addresses the industry's asking for a preliminary injunction, the ruling bodes good for the City because the industry’s declaration inward the overall illustration for killing the ordinance is based upon the First Amendment together with federal preemption. The courtroom rejected those arguments stating that that the ordinance is inward the world involvement equally it complements together with reinforces existing Federal law together with policy.
More information well-nigh the ordinance together with the lawsuit appears below. For links to media coverage see: Berkeley Cell Phone "Right to Know" Ordinance: Media Coverage.
The ruling by the U.S. Court of Appeals for the Ninth Circuit can live on downloaded from http://bit.ly/CTIABkly042117.
A summary of the ruling follows:
“The panel affirmed the district court’s lodge denying a asking for a preliminary injunction seeking to rest enforcement of a City of Berkeley ordinance requiring jail Galvanic cell telephone retailers to inform prospective jail Galvanic cell telephone purchasers that carrying a jail Galvanic cell telephone inward surely ways may motion them to overstep Federal Communications Commission guidelines for exposure to radio-frequency radiations ….
… the panel held that the City’s compelled disclosure of commercial speech communication complied amongst the First Amendment because the information inward the disclosure was reasonably related to a substantial governmental involvement together with was purely factual. Accordingly, the panel concluded that plaintiff had piffling likelihood of success on its First Amendment claim that the disclosure compelled past times the Berkeley ordinance was unconstitutional.
The panel determined that at that topographic point was piffling likelihood of success on plaintiff’s contention that the Berkeley ordinance was preempted. The panel held that Berkeley’s compelled disclosure did no to a greater extent than than warning consumers to the security disclosures that the Federal Communication Commission requires, together with to direct consumers to federally compelled instructions inward their user manuals providing specific information well-nigh how to avoid excessive exposure. The panel held that far from conflicting amongst federal law together with policy, the Berkeley ordinance complements together with reinforces it.
In affirming the denial of a preliminary injunction, the panel farther determined that at that topographic point was no irreparable harm based on the First Amendment or preemption, that the residue of equities tipped inward Berkeley’s favor, that the ordinance was inward the world interest, together with that an injunction would harm that interest.
Dissenting inward part, Judge Friedland stated that Berkeley’s ordinance probable violates the First Amendment together with thence should have got been preliminarily enjoined. She stated that taken equally a whole, the most natural reading of the Berkeley disclosure warns that carrying a jail Galvanic cell telephone inward one’s bag is unsafe. Yet Berkeley had non attempted to argue, permit lonely to prove, that message was true.”
Although it has been 5 months since the federal appeals courtroom hearing, the three-judge panel has yet to dominion on the asking past times the CTIA to block enforcement of the Berkeley jail Galvanic cell telephone "right to know" ordinance until the CTIA's lawsuit against the urban centre is adjudicated. In the meantime the law is inward effect.
Judge Edward M. Chen has scheduled a illustration management conference in federal district courtroom on March 23rd.
3:15-cv-02529-EMC - CTIA - The Wireless Association v. City of Berkeley et al Case Mgmt Conference (10:30 AM, March 23, 2017)
http://www.cand.uscourts.gov/CEO/cfd.aspx?7144#Notes
Sep 14, 2016
Video: Ninth Circuit Court of Appeals hearing: CTIA v. Berkeley
9/13/2016 (41 minutes)
CTIA - The Wireless Association appeals from the lodge dissolving a preliminary injunction inward its suit challenging a Berkeley ordinance that requires jail Galvanic cell telephone retailers to provide a surely notice regarding radiofrequency release energy emissions.
https://www.youtube.com/watch?v=NU2IqWFM5KY
Sep 13, 2016
Audio: Ninth Circuit Court of Appeals hearing: CTIA v. Berkeley (case no.16-15141)
9/13/2016 (41 minutes; 28 MB file)
http://bit.ly/ctiaberkeley091216
Sep 12, 2016
To hear to the alive sound feed from the courtroom tomorrow move to http://www.ca9.uscourts.gov and click on the link listed at "Live Streaming Oral Arguments CR1." Due to media involvement inward this case, the hearing has been scheduled for 9:30 A.M. Pacific time.
Sep 1, 2016
On September 13, the Ninth Circuit Court of Appeals volition grip a hearing to consider whether to overturn the district court's determination that denied the CTIA's asking for a preliminary injunction to block implementation of Berkeley’s cellular telephone ordinance until the illustration was decided.
Berkeley's law has been inward number since March afterwards the Circuit Court decided to uphold the federal district court's determination to deny the CTIA's asking for a preliminary injunction.
This landmark cellular telephone "right to know" law requires cellular telephone retailers inward Berkeley to post a cellular telephone security notification or provide a re-create to customers. The notification reminds the consumer to read the manufacturer’s security information inward the cellphone’s user manual.
The illustration earlier the federal Court of Appeals is CTIA-The Wireless Association v. City of Berkeley et al., illustration number 16-15141. The CTIA is represented past times erstwhile Solicitor General Theodore Olson, together with the City is represented past times Harvard Law Professor Lawrence Lessig. The hearing volition live on held inward the U.S. Courthouse inward San Francisco at 9:30 A.M. (95 Seventh Street, Courtroom 1, tertiary Floor, Rm 338).
Following is a recap of fundamental legal developments since March.
In March, the CTIA appealed the Court's ruling that denied the CTIA's displace for a preliminary injunction together with allowed the City of Berkeley to implement its cellular telephone “right to know” ordinance.
In April, the City submitted a brief to the Court which argued that the CTIA’s misinterpretation of the First Amendment would severely boundary government’s regulatory powers, together with if the Court were to back upward the CTIA’s arguments, numerous federal, state, together with municipal laws would live on ruled unconstitutional (“Berkeley Defends Cellphone Warning Ordinance At ninth Circ.,” Law 360, Apr 5, 2016; https://www.law360.com/articles/780474).
California Attorney General Kamala Harris together with the Natural Resources Defense Council submitted amicus briefs inward back upward of Berkeley’s position. Both the Attorney General together with the NRDC warned the Court against belongings governments to a higher degree of First Amendment costless speech communication protection scrutiny when they are simply mandating disclosures. The Attorney General argued, “If the approach advocated past times CTIA were adopted past times this Court, an array of consumer protection laws, long recognized equally a constitutional practise of the state’s law powers nether the authorization cited above, could live on called into question.” (“Calif. AG Tells ninth Circ. Phone Warning Rule Merits Leeway,” Law360, Apr 26, 2016; https://www.law360.com/articles/788952).
In May, the CTIA submitted a brief to the Appeals Court which argued that the FCC does non require radio frequency disclosures. The City pointed out inward its answer that the CTIA had previously agreed that the FCC required these disclosures, together with that the Appeals Court should non consider novel arguments. Moreover, the City claimed that the CTIA’s electrical flow assertion was imitation (“Berkeley Rips Group's FCC Radiation Rule Claims At ninth Circ.,” Law360, May 13, 2016; https://www.law360.com/articles/796300).
In August, the Appeals Court ruled that it would consider the CTIA’s novel declaration together with asked the City to submit its rebuttal (“City Can't Block FCC Radiation Rule Arguments, ninth Circ. Says,” Law360, Aug 12, 2016; http://www.law360.com/telecom/articles/8277850).
On August 25, the City of Berkeley submitted to the Court a rebuttal to the CTIA’s novel claim. The CTIA argues that it is non mandatory for cellular telephone manufacturers to study SAR values together with the minimum separation distance inward user manuals. Their declaration is based on ii Knowledge Database (KDB) publications that the FCC issued inward October, 2015: KDB 212821 together with KDB 447498.
KDB documents, however, are issued past times FCC staff to clarify existing FCC rules, non to modify them. Such documents are non dependent area to world review together with do non have got the forcefulness of law. Hence, the Court is unlikely to consider the CTIA’s novel declaration to live on valid. (“Berkeley Slams CTIA's Flip-Flop In Cellphone Warning Row,” Law360, Aug 29, 2016; http://www.law360.com/telecom/articles/833616).
The FCC’s website indicates that provisions made inward KDB documents do non “constitute rules”:
“the KDB is intended to assist the world inward next Commission requirements together with does non constitute rules. Accordingly, the guidance is non binding on the Commission together with volition non preclude the Commission from making a different determination inward whatever affair that comes to its attending for resolution.”
According to the City’s latest brief:
“The FCC’s stated policy is that manufacturers ‘must’ provide manual disclosures. And CTIA cannot reasonably assert that its members could ignore the FCC’s disclosure regime equally ‘merely suggestive’.”
Mar 23, 2016
Today, the Ninth Circuit Court of Appeals denied a asking past times the CTIA--The Wireless Association to halt enforcement of Berkeley's jail Galvanic cell telephone "right to know" ordinance according to the San Francisco Chronicle.
Mar 21, 2016
Since the Berkeley jail Galvanic cell telephone ordinance took number today, I conducted a little observational study around 4:30 PM to reckon which downtown jail Galvanic cell telephone stores were inward compliance.
The ordinance allows retailers to select betwixt posting the official Berkeley jail Galvanic cell telephone notice or providing customers amongst a handout containing the same information.
I visited vi cellular telephone stores inward downtown Berkeley. At each shop I asked to reckon the posted notice or the handout. Four of the vi stores were inward compliance.
The 4 major jail Galvanic cell telephone retailers, AT&T, Sprint, T-Mobile, together with Verizon, were all inward compliance. All 4 posted the official notice on the counter or on a wall (Sprint). None opted to provide handouts to consumers.
The ii authorized cellular telephone resellers were non inward compliance. The sales clerks were unaware of the novel law. In 1 shop afterwards I described the ordinance, the clerk volunteered that the law was a adept thought together with asked me how to acquire a re-create of the official notice.
Max Anderson, the Council fellow member who sponsored this ordinance stated to NBC News, "The people selling these products are non selling them for your good, They're selling them for profit. They play fast together with loose amongst regulations." The finish is to acquire people thinking well-nigh keeping phones away from their body.
Mar 8, 2016
The Association of National Advertisers filed a brief inward back upward of the CTIA which sued the urban centre of Berkeley over its jail Galvanic cell telephone "right to know" ordinance (Tom Lochner. "Advertisers grouping weighs inward against Berkeley cellular telephone hazards disclosure requirement." Contra Costa Times, Mar 8, 2016).
The advertisers association argues, "While the urban centre is entitled to grip or limited its ain opinions well-nigh cellular telephone safety, it may non require others to oral fissure its words or live on its microphone." The advertisers recommend that the City purchase advertising if it wishes to inform consumers to read the cellular telephone manufacturers' security instructions.
Last yr the Natural Resources Defense Council (NRDC), a nonprofit environmental together with world wellness advocacy arrangement with more than 2 meg members including 1,244 members who reside inward Berkeley filed a brief inward back upward of the City,
Last September, Consumer Reports published an article entitled, "Does Cell-Phone Radiation Cause Cancer?" The article highlights the importance of the Berkeley jail Galvanic cell telephone ordinance and calls on manufacturers to prominently display advice on steps that cell-phone users tin have got to trim exposure to cell-phone radiation.
Mar 2, 2016
Because the Federal Court refused to block implementation of Berkeley's landmark cell telephone "right to know" ordinance, the CTIA has asked the Ninth Circuit Court of Appeals to number a preliminary injunction to halt the law from going into effect.
The CTIA claims that jail Galvanic cell telephone retailers would live on harmed past times delivering a message they don't believe, together with that the ordinance is probable to live on eventually overturned past times the courts. (Patrick Boyle. "CTIA urges ninth Circ. to halt Berkeley's cellular telephone warning law." Law 360. March 2, 2016. http://bit.ly/1TSD8i2).
According to the Berkeley City Attorney's office, the law volition move into number on March 21.
Feb 1, 2016
On Jan 27, the Federal Court (Judge Chen) lifted the ban on the Berkeley jail Galvanic cell telephone ordinance. The urban centre is directly allowed to enforce the amended jail Galvanic cell telephone law which requires jail Galvanic cell telephone retailers to notify their customers well-nigh the security warnings inward their jail Galvanic cell telephone or jail Galvanic cell telephone manual.
The approximate affirmed Berkeley's right to warn its citizens well-nigh potential wellness risks based on federal security standards. In his ruling, the approximate rejected the CTIA's declaration that the city's mandated disclosure is controversial together with thence saltation past times a stricter constitutional analysis.
According to the ruling, "CTIA's beef should live on amongst the FCC ... If CTIA believes that the security margin is likewise generous because at that topographic point is no existent security concern at that level, it should have got that affair upward amongst the FCC administratively."
See Courthouse News Service for a summary of the Jan 21 "Mobilize: a Film well-nigh Cell Phone Radiation," prepared a a 6 infinitesimal video well-nigh the adoption of the nation's entirely jail Galvanic cell telephone "right to know" ordinance past times the City of Berkeley on May 12, 2015.
http://bit.ly/1Hf23Tq
--
Today, the Ninth Circuit Court of Appeals denied a asking past times the CTIA--The Wireless Association to halt enforcement of Berkeley's jail Galvanic cell telephone "right to know" ordinance according to the San Francisco Chronicle.
The CTIA appealed to the Circuit Court because Judge Edward Chen of the Federal District Court allowed the ordinance to have got number piece the illustration is beingness litigated. Judge Chen rejected the industry's arguments that the urban centre was violating retailers’ costless speech communication rights past times requiring them to communicate a message they opposed.
The Circuit Court vote was 2-1 amongst Judges Milan Smith together with Morgan Christen voting to maintain the ordinance inward number during CTIA’s appeal whereas Judge Carlos Bea dissented.
Mar 21, 2016
Since the Berkeley jail Galvanic cell telephone ordinance took number today, I conducted a little observational study around 4:30 PM to reckon which downtown jail Galvanic cell telephone stores were inward compliance.
The ordinance allows retailers to select betwixt posting the official Berkeley jail Galvanic cell telephone notice or providing customers amongst a handout containing the same information.
I visited vi cellular telephone stores inward downtown Berkeley. At each shop I asked to reckon the posted notice or the handout. Four of the vi stores were inward compliance.
The 4 major jail Galvanic cell telephone retailers, AT&T, Sprint, T-Mobile, together with Verizon, were all inward compliance. All 4 posted the official notice on the counter or on a wall (Sprint). None opted to provide handouts to consumers.
The ii authorized cellular telephone resellers were non inward compliance. The sales clerks were unaware of the novel law. In 1 shop afterwards I described the ordinance, the clerk volunteered that the law was a adept thought together with asked me how to acquire a re-create of the official notice.
Max Anderson, the Council fellow member who sponsored this ordinance stated to NBC News, "The people selling these products are non selling them for your good, They're selling them for profit. They play fast together with loose amongst regulations." The finish is to acquire people thinking well-nigh keeping phones away from their body.
Mar 8, 2016
The Association of National Advertisers filed a brief inward back upward of the CTIA which sued the urban centre of Berkeley over its jail Galvanic cell telephone "right to know" ordinance (Tom Lochner. "Advertisers grouping weighs inward against Berkeley cellular telephone hazards disclosure requirement." Contra Costa Times, Mar 8, 2016).
The advertisers association argues, "While the urban centre is entitled to grip or limited its ain opinions well-nigh cellular telephone safety, it may non require others to oral fissure its words or live on its microphone." The advertisers recommend that the City purchase advertising if it wishes to inform consumers to read the cellular telephone manufacturers' security instructions.
Last yr the Natural Resources Defense Council (NRDC), a nonprofit environmental together with world wellness advocacy arrangement with more than 2 meg members including 1,244 members who reside inward Berkeley filed a brief inward back upward of the City,
Last September, Consumer Reports published an article entitled, "Does Cell-Phone Radiation Cause Cancer?" The article highlights the importance of the Berkeley jail Galvanic cell telephone ordinance and calls on manufacturers to prominently display advice on steps that cell-phone users tin have got to trim exposure to cell-phone radiation.
Mar 2, 2016
Because the Federal Court refused to block implementation of Berkeley's landmark cell telephone "right to know" ordinance, the CTIA has asked the Ninth Circuit Court of Appeals to number a preliminary injunction to halt the law from going into effect.
The CTIA claims that jail Galvanic cell telephone retailers would live on harmed past times delivering a message they don't believe, together with that the ordinance is probable to live on eventually overturned past times the courts. (Patrick Boyle. "CTIA urges ninth Circ. to halt Berkeley's cellular telephone warning law." Law 360. March 2, 2016. http://bit.ly/1TSD8i2).
According to the Berkeley City Attorney's office, the law volition move into number on March 21.
Feb 1, 2016
On Jan 27, the Federal Court (Judge Chen) lifted the ban on the Berkeley jail Galvanic cell telephone ordinance. The urban centre is directly allowed to enforce the amended jail Galvanic cell telephone law which requires jail Galvanic cell telephone retailers to notify their customers well-nigh the security warnings inward their jail Galvanic cell telephone or jail Galvanic cell telephone manual.
The approximate affirmed Berkeley's right to warn its citizens well-nigh potential wellness risks based on federal security standards. In his ruling, the approximate rejected the CTIA's declaration that the city's mandated disclosure is controversial together with thence saltation past times a stricter constitutional analysis.
According to the ruling, "CTIA's beef should live on amongst the FCC ... If CTIA believes that the security margin is likewise generous because at that topographic point is no existent security concern at that level, it should have got that affair upward amongst the FCC administratively."
See Courthouse News Service for a summary of the Jan 21 "Mobilize: a Film well-nigh Cell Phone Radiation," prepared a a 6 infinitesimal video well-nigh the adoption of the nation's entirely jail Galvanic cell telephone "right to know" ordinance past times the City of Berkeley on May 12, 2015.
http://bit.ly/1Hf23Tq
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May 16, 2015
City of Berkeley to require cellular telephone sellers to warn of possible radiations risks
Lawmakers vote to highlight the potential dangers of keeping devices unopen to the torso equally scientists heighten raft of concerns, especially for children
Lawmakers vote to highlight the potential dangers of keeping devices unopen to the torso equally scientists heighten raft of concerns, especially for children
Anita Chabria, The Guardian (UK), May 16, 2015
Note:
The article inward The Guardian refers to EMFscientist.org. On Monday, May 11th, 190 scientists from 39 nations submitted an appeal to the United Nations, the United Nations fellow member states, together with the World Health Organization (WHO) requesting they adopt to a greater extent than protective exposure guidelines for electromagnetic fields (EMF) together with wireless engineering scientific discipline inward the confront of increasing evidence of risk.*
These exposures are a speedily growing shape of environmental pollution worldwide.
As of today the petition has been signed past times 200 EMF scientists from forty nations. Seventy non-governmental organizations (i.e. non-profits) have got endorsed the Appeal.
For to a greater extent than information well-nigh the /search?q=berkeley-cell-phone-right-to-know.
*(e.g., might lines, jail Galvanic cell phones, cordless phones, Wi-Fi, wireless devices, jail Galvanic cell towers, wireless utility meters).
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May 12, 2015
Berkeley Adopts Cell Phone "Right to Know" Ordinance on Unanimous Vote
Harvard Law Professor Lawrence Lessig helped draft the ordinance together with presented it to the Council on behalf of urban centre staff.
May 5, 2015
Berkeley residents want, deserve cellular telephone ‘right to know’
Ellen Marks, Berkeleyside, May 5, 2015
Ellen Marks is Executive Director of the California Brain Tumor Association.
<snip>
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May 1, 2015
Action Calendar -- New Business
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April 30, 2015
PRESS RELEASE
Berkeley, Calif. April 30, 2015. Eighty-two per centum (82%) of adults inward Berkeley, California reported inward a recent survey that they desire to live on informed when they purchase a jail Galvanic cell telephone well-nigh the manufacturer’s recommended minimum distance that the telephone should live on kept from the user’s body.
April 28, 2015
On Tuesday, May 12, the Berkeley City Council volition vote on becoming the root urban centre inward the land to enact legislation to give consumers information at the dot of sale equally to the recommended distance information which is currently hidden inward the jail Galvanic cell telephone or inward the manual. Harvard Law Professor Lawrence Lessig helped draft the ordinance together with volition live on at the coming together to acquaint it to the Council.
May 1, 2015
Berkeley City Council: May 12, 2015 Meeting Agenda Item on Cell Phones
From: City Manager
Recommendation: Adopt root reading of an Ordinance requiring jail Galvanic cell telephone retailers to provide a notice amongst each sale or lease concerning the carrying of jail Galvanic cell phones, together with adding Berkeley Municipal Code Chapter 9.96.
Financial Implications: Staff time
Contact: Zach Cowan, City Attorney, 981-6950
http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/City_Council__05-12-2015_-_Regular_Meeting_Agenda.aspx
http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/City_Council__05-12-2015_-_Regular_Meeting_Agenda.aspx
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Excerpt from Proposed Cell Phone Ordinance
Excerpt from Proposed Cell Phone Ordinance
CHAPTER 9.96
REQUIRING NOTICE CONCERNING RADIO FREQUENCY EXPOSURE OF CELL PHONES
REQUIRING NOTICE CONCERNING RADIO FREQUENCY EXPOSURE OF CELL PHONES
<snip>
Section 9.96.030 Required notice
A. Influenza A virus subtype H5N1 Cell telephone retailer shall provide to each client who buys or leases a Cell telephone a notice containing the next language:
The City of Berkeley requires that yous live on provided the next notice: To assure safety, the Federal Government requires that jail Galvanic cell phones run across radio frequency (RF) exposure guidelines. If yous send or purpose your telephone inward a pants or shirt bag or tucked into a bra when the telephone is ON together with connected to a wireless network, yous may overstep the federal guidelines for exposure to RF radiation. This potential run a risk is greater for children. Refer to the instructions inward your telephone or user manual for information about how to purpose your telephone safely.
B. The notice required past times this Section shall either live on provided to each client who buys or leases a Cell telephone or shall live on prominently displayed at whatever dot of sale where Cell phones are purchased or leased. If provided to the customer, the notice shall include the City’s logo, shall live on printed on newspaper that is no less than 5 inches past times 8 inches inward size, together with shall live on printed inward no smaller than a 18-point font. The newspaper on which the notice is printed may contain other information inward the discretion of the Cell telephone retailer, equally long equally that information is distinct from the notice linguistic communication required past times section (A) of this Section. If prominently displayed at a dot of sale, the notice shall include the City’s logo, live on printed on a poster no less than 8 ½ past times 11 inches inward size, together with shall live on printed inward no little than a 28-point font. The City shall brand its logo available to live on incorporated inward such notices.
C. Influenza A virus subtype H5N1 Cell telephone retailer that believes the notice linguistic communication required past times section (A) of this Section is non factually applicable to a Cell telephone model that retailer offers for sale or lease may asking permission to non provide the notice required past times this Section inward connector amongst sales or leases of that model of Cell phone. Such permission shall non live on unreasonably withheld.
http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/Documents/2015-05-12_Item_29_Requiring_Notice.aspx
Section 9.96.030 Required notice
A. Influenza A virus subtype H5N1 Cell telephone retailer shall provide to each client who buys or leases a Cell telephone a notice containing the next language:
The City of Berkeley requires that yous live on provided the next notice: To assure safety, the Federal Government requires that jail Galvanic cell phones run across radio frequency (RF) exposure guidelines. If yous send or purpose your telephone inward a pants or shirt bag or tucked into a bra when the telephone is ON together with connected to a wireless network, yous may overstep the federal guidelines for exposure to RF radiation. This potential run a risk is greater for children. Refer to the instructions inward your telephone or user manual for information about how to purpose your telephone safely.
B. The notice required past times this Section shall either live on provided to each client who buys or leases a Cell telephone or shall live on prominently displayed at whatever dot of sale where Cell phones are purchased or leased. If provided to the customer, the notice shall include the City’s logo, shall live on printed on newspaper that is no less than 5 inches past times 8 inches inward size, together with shall live on printed inward no smaller than a 18-point font. The newspaper on which the notice is printed may contain other information inward the discretion of the Cell telephone retailer, equally long equally that information is distinct from the notice linguistic communication required past times section (A) of this Section. If prominently displayed at a dot of sale, the notice shall include the City’s logo, live on printed on a poster no less than 8 ½ past times 11 inches inward size, together with shall live on printed inward no little than a 28-point font. The City shall brand its logo available to live on incorporated inward such notices.
C. Influenza A virus subtype H5N1 Cell telephone retailer that believes the notice linguistic communication required past times section (A) of this Section is non factually applicable to a Cell telephone model that retailer offers for sale or lease may asking permission to non provide the notice required past times this Section inward connector amongst sales or leases of that model of Cell phone. Such permission shall non live on unreasonably withheld.
http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/Documents/2015-05-12_Item_29_Requiring_Notice.aspx
April 30, 2015
PRESS RELEASE
Survey of Berkeley Residents Affirms Need for City to Adopt Cell Phone “Right to Know” Ordinance on May 12
Berkeley, Calif. April 30, 2015. Eighty-two per centum (82%) of adults inward Berkeley, California reported inward a recent survey that they desire to live on informed when they purchase a jail Galvanic cell telephone well-nigh the manufacturer’s recommended minimum distance that the telephone should live on kept from the user’s body.
On May 12, the survey results volition live on officially presented to the Berkeley City Council when the Council votes on a Cell Phone “Right to Know” ordinance.
The proposed Cell Phone Right to Know legislation requires jail Galvanic cell telephone retailers to provide a city-prepared handout to each consumer at the dot of sale that advises them of their phone’s manufacturers’ ain directive to never wearable or purpose a jail Galvanic cell telephone against their torso when on (as inward a shirt or pants bag or tucked into a bra). This manufacturer’s separation distance purpose advisory which is required past times the Federal Communications Commission is currently located inward the legal fine impress of user manuals or on the telephone inward text menus which are hard to find.
If the Council adopts the ordinance, Berkeley volition move the entirely urban centre inward the U.S. to require retailers to provide consumers amongst this of import security information.
Harvard Law Professor Lawrence Lessig who helped draft the ordinance volition acquaint it to the Council on behalf of City staff. Professor Lessig has offered to defend the ordinance pro bono should the CTIA—The Wireless Association file a lawsuit against the City.
Harvard Law Professor Lawrence Lessig who helped draft the ordinance volition acquaint it to the Council on behalf of City staff. Professor Lessig has offered to defend the ordinance pro bono should the CTIA—The Wireless Association file a lawsuit against the City.
Other fundamental survey findings:
- Fully, 70% of Berkeley adults were unaware that the government’s radiations tests to assure the security of jail Galvanic cell phones assume that the telephone would non live on carried against the user’s body, but instead would live on held at to the lowest degree 1 to fifteen millimeters from the user’s body.
- Two out of iii (66%) were unaware that jail Galvanic cell telephone manufacturers recommend that their jail Galvanic cell phones live on carried away from the body, or used amongst hands-free devices.
- Fewer than 1 inward vi (15%) have got seen the recommendations past times jail Galvanic cell telephone manufacturers well-nigh how to best protect against overexposure to jail Galvanic cell telephone radiation.
- Almost iii out of 4 (74%) reported that they or their children send a jail Galvanic cell telephone against their body—tucked inward a shirt or pants bag piece the telephone is switched on.
Lisa Bailey, M.D., past times president of the California Division of the American Cancer Society together with a thorax cancer surgeon at Alta Bates Medical Center, strongly supports the ordinance:
“We have got had some anecdotal cases inward which the woman’s thorax cancer develops straight below the expanse where her jail Galvanic cell telephone was carried. I believe that the world has the right to know that at that topographic point may live on potential risks together with to purpose their telephone inward a means to trim potential harm. I urge the Berkeley City Council to provide such information to their constituents.”
Recent peer-reviewed inquiry has constitute that jail Galvanic cell telephone radiations causes sperm damage. The authors of a systematic review together with meta-analysis of x studies on the effects of mobile telephone radiations on human sperm character concluded that, "Our analyses dot negative associations betwixt mobile telephone exposure on sperm viability together with motility.” (Adams et al., 2014).
Several peer-reviewed papers have got recommended that jail Galvanic cell phones should non live on carried or used straight against the torso equally inward a pants pocket. For example:
- “Keeping the jail Galvanic cell telephone inward a trouser bag inward speak means may negatively comport on spermatozoa together with impair manful someone fertility” (Agarwal et al. 2009).
- “Overall, these findings heighten a number of related wellness policy together with patient management issues that deserve our immediate attention. Specifically, nosotros recommend that men of reproductive historic flow who engage inward high levels of mobile telephone purpose do non maintain their phones inward receiving means below waist level” (De Iuliis et al., 2009).
The City Council coming together volition live on held 7:00 PM on May 12 inward the City Council Chambers at 2134 Martin Luther King Jr. Way, Berkeley. Supporters of the ordinance volition grip a rally inward front end of the edifice at 6:00 PM.
The survey of Berkeley residents was conducted past times Public Policy Polling of Raleigh, North Carolina from March 6-8, 2015. The survey was funded past times the California Brain Tumor Association.
Contact: Ellen Marks, Executive Director, California Brain Tumor Association
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April 28, 2015
On Tuesday, May 12, the Berkeley City Council volition vote on becoming the root urban centre inward the land to enact legislation to give consumers information at the dot of sale equally to the recommended distance information which is currently hidden inward the jail Galvanic cell telephone or inward the manual. Harvard Law Professor Lawrence Lessig helped draft the ordinance together with volition live on at the coming together to acquaint it to the Council.
Advocates for the ordinance volition grip a rally inward front end of City Hall at 6 PM.
For to a greater extent than information see Berkeleyside Events Calendar.
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March 27, 2015
NBC Bay Area aired a 4 infinitesimal intelligence story on the 11:00 news, "Mobilize: Influenza A virus subtype H5N1 Film well-nigh Cell Phone Radiation."
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March 10, 2015
The jail Galvanic cell telephone "right to know" ordinance volition live on on the agenda of the Berkeley City Council meeting on Tuesday, May 12.
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November 21, 2014
On Nov 18, the Berkeley City Council adopted a referral to the City Manager on a 7-2 vote. The referral asks the City Manager to draft a jail Galvanic cell telephone “right to know” ordinance.
Once this ordinance is enacted, Berkeley volition move the root urban centre inward the land to require jail Galvanic cell telephone retailers to provide those who purchase a novel telephone an informational fact sheet. Retailers volition live on required to provide the fact sail to those who purchase a jail Galvanic cell telephone which informs them to read the user manual to acquire the jail Galvanic cell phone’s minimum separation distance from the body.
The FCC requires manufacturers to provide this information to ensure that the consumers’ jail Galvanic cell telephone radiations exposure does non overstep the amount when the jail Galvanic cell telephone was tested. Few consumers are currently aware of this security information because it is buried inward their user manual or inside their smart phone. Knowledge of this information is an of import measuring inward increasing awareness that jail Galvanic cell phones should non live on used side past times side to the body.
Councilman Max Anderson who sponsored the referral grilled the CTIA representative, Gerard Keegan, well-nigh why the manufacture does non desire consumers to reckon the security information that the FCC mandates. The CTIA seat is that this is betwixt the FCC together with the industry, together with the FCC is inward the procedure of deciding whether this information is necessary together with so the City should non deed on this issue.
A video of the meeting is directly available for streaming (see 01:44:50 - 03:36:25).
Summaries of the coming together have got been published past times The Daily Californian and the Contra Costa Times.
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November 10, 2014
The Berkeley City Council postponed word of the cell telephone "right to know" ordinance until Tuesday, Nov 18, 2014.
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October 15, 2014
Press Release: Berkeley's Proposed Cell Phone "Right to Know" Ordinance
http://www.prlog.org/12383163
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October 10, 2014
This jail Galvanic cell telephone "right to know" ordinance is on the consent calendar for the Berkeley City Council coming together to live on held on Tuesday, Oct 28, 2014. The referral together with briefing document are available at http://bit.ly/BerkeleyReferral.
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Precaution or Paranoia? Berkeley May Require Cancer Warning Stickers for Cell Phones
Sabin Russell, California Magazine, August 19, 2014
[An indepth article well-nigh the scientific discipline together with politics underlying the proposed Berkeley jail Galvanic cell telephone ordinance--research on cancer run a risk together with fetal effects on neurological evolution is discussed.]
Also see:
Eric Schultz. Killer App: Influenza A virus subtype H5N1 Berkeley researcher weighs inward on jail Galvanic cell phones together with cancer. California Magazine. Winter 2010. http://bit.ly/1kSu5z5
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March 27, 2015
NBC Bay Area aired a 4 infinitesimal intelligence story on the 11:00 news, "Mobilize: Influenza A virus subtype H5N1 Film well-nigh Cell Phone Radiation."
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March 10, 2015
The jail Galvanic cell telephone "right to know" ordinance volition live on on the agenda of the Berkeley City Council meeting on Tuesday, May 12.
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November 21, 2014
On Nov 18, the Berkeley City Council adopted a referral to the City Manager on a 7-2 vote. The referral asks the City Manager to draft a jail Galvanic cell telephone “right to know” ordinance.
Once this ordinance is enacted, Berkeley volition move the root urban centre inward the land to require jail Galvanic cell telephone retailers to provide those who purchase a novel telephone an informational fact sheet. Retailers volition live on required to provide the fact sail to those who purchase a jail Galvanic cell telephone which informs them to read the user manual to acquire the jail Galvanic cell phone’s minimum separation distance from the body.
The FCC requires manufacturers to provide this information to ensure that the consumers’ jail Galvanic cell telephone radiations exposure does non overstep the amount when the jail Galvanic cell telephone was tested. Few consumers are currently aware of this security information because it is buried inward their user manual or inside their smart phone. Knowledge of this information is an of import measuring inward increasing awareness that jail Galvanic cell phones should non live on used side past times side to the body.
The referral directs the City Manager to inquire City Attorney Zach Cowan together with Harvard Law Professor Lawrence Lessig to draft the ordinance.
Summaries of the coming together have got been published past times The Daily Californian and the Contra Costa Times.
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November 10, 2014
The Berkeley City Council postponed word of the cell telephone "right to know" ordinance until Tuesday, Nov 18, 2014.
City Manager Referral: Cell Phone Ordinance Referral to City Manager (Continued from Oct 28, 2014)
From: Councilmember Anderson
Recommendation: Refer to City Manager for the creation of an ordinance to have got jail Galvanic cell telephone retailers give to consumers who purchase a phone, a factual, informational handout referring the user to their jail Galvanic cell telephone manufacturers' disclosure regarding the recommended separation distance for purpose against the body.
Financial Implications: See report
Contact: Max Anderson, Councilmember, District 3, 981-7130
http://bit.ly/1EvJvPz
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October 15, 2014
Press Release: Berkeley's Proposed Cell Phone "Right to Know" Ordinance
http://www.prlog.org/12383163
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October 10, 2014
This jail Galvanic cell telephone "right to know" ordinance is on the consent calendar for the Berkeley City Council coming together to live on held on Tuesday, Oct 28, 2014. The referral together with briefing document are available at http://bit.ly/BerkeleyReferral.
City Manager Referral: Cell Phone Ordinance Referral to City Manager
From: Councilmember Anderson; Councilmember Worthington
Recommendation: Refer to City Manager for the creation of an ordinance to have cell telephone retailers give to consumers who purchase a phone, a factual, informational handout referring the user to their jail Galvanic cell telephone manufacturers' disclosure regarding the recommended separation distance for purpose against the body.
Financial Implications: See reportThe advisory volition live on inward the shape of an informational handout to live on handed to consumers past times the retailer at the fourth dimension of purchasing a jail Galvanic cell phone. The proposed wording is equally follows:
Contact: Max Anderson, Councilmember, District 3, 981-7130
"The Federal Government requires that jail Galvanic cell phones run across radio frequency (RF) exposure guidelines. Don't send or purpose your telephone inward a pants or shirt bag or tucked into a bra when the telephone is turned ON together with connected to a wireless network. This volition prevent exposure to RF levels that may overstep the federal guidelines."
"Refer to the instructions inward your telephone or user manual for the recommended separation distance."
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Precaution or Paranoia? Berkeley May Require Cancer Warning Stickers for Cell Phones
Sabin Russell, California Magazine, August 19, 2014
[An indepth article well-nigh the scientific discipline together with politics underlying the proposed Berkeley jail Galvanic cell telephone ordinance--research on cancer run a risk together with fetal effects on neurological evolution is discussed.]
Just equally the world render of mobile phones is reaching 1 unit of measurement for every human beingness on Earth, hither comes Berkeley, amongst a warning: These things could live on hazardous to your wellness ...
Stakes inward this declaration are extraordinarily high. Cell phones are radio transmitters that are non entirely ubiquitous, they are unopen at hand: We press them against our ears. We shop them inward our pants pockets. Women sideslip them into their bras. Teens slumber amongst them nether their pillows. With the adult marketplace nearly saturated, the large increment chance for mobile devices is children.
“In our society, the precautionary principle does non resonate well. We desire to reckon a torso count first.”
The CTIA statement builds a illustration that the “scientific consensus” is firmly inward their camp. In fact, the two-word term appears 28 times inward their filing. They quote numerous federal agencies asserting a lack of evidence that jail Galvanic cell telephone radiations tin motion harm. Among them is the FCC itself, the FDA, together with most notably, the National Cancer Institute, which states on its spider web site that “there is no evidence from studies of cells, animals, or humans that radiofrequency release energy tin cause cancer.
Moskowitz dismisses the endorsements. “Industry together with regime agencies seem to live on inward denial, together with have got been inward that frame of hear for decades,’’ he says.
... Cell-phone makers inward their fine impress do advise keeping these devices about a half-inch away from your body, although at that topographic point is no raise of it inward an industry-written parents’ guide to jail Galvanic cell phone safety.
And meanwhile, let’s confront it: We exactly honey these piffling appliances. They are changing the means nosotros live. If they are changing the means nosotros die, we’ll honor out, eventually.http://bit.ly/1p7158O
Eric Schultz. Killer App: Influenza A virus subtype H5N1 Berkeley researcher weighs inward on jail Galvanic cell phones together with cancer. California Magazine. Winter 2010. http://bit.ly/1kSu5z5
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Berkeley pushes for cancer warning stickers on jail Galvanic cell phones
Carolyn Jones, SFGate, Jul 15, 2014 (updated)
Print version: "CELL PHONE ORDINANCE: Berkeley volition acquire by for cancer warnings," San Francisco Chronicle, Jul 15, 2014, pg. Influenza A virus subtype H5N1 - 1
Berkeley, undaunted past times abandoned efforts inward San Francisco, is attempting to move the root urban centre inward the land to require retailers to pose stickers on jail Galvanic cell telephone packaging warning people that the devices may emit cancer-causing radiation ...
Joel Moskowitz, caput of UC Berkeley's Center for Family together with Community Health, has no such indecision. He's been studying the number since 2009, together with has concluded that jail Galvanic cell phones are "one of the top emerging world health risks."
Studies cited past times the jail Galvanic cell telephone manufacture are outdated, he said. Newer together with to a greater extent than complex wireless technology, coupled amongst people spending increasing amounts of fourth dimension on their phones, is almost surely to Pb to an uptick inward encephalon cancer, he said.
"It's exactly a affair of time," he said. "The evidence is a lot to a greater extent than compelling than it has been."
Radiation from jail Galvanic cell phones penetrates the pare together with skull together with absorbs into the encephalon tissue, having an adverse comport on on cells, he said. Phone radiations tin also comport on sperm count amidst men who send phones inward their pockets, he said.
Consumers should wearable headsets, purpose the speaker characteristic together with otherwise maintain phones away from their bodies, he said.
"With jail Galvanic cell phones, distance is your friend," he said.
Pregnant women together with children are specially vulnerable, he said.
A warning sticker should advise consumers that some studies link jail Galvanic cell phones to rare but serious cancers, together with they should have got precautions, he said ...