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Thursday, October 4, 2018

Berkeley Jail Cellular Telephone Weep Upwards Correct To Know Ordinance

To view media coverage most the Berkeley jail energy cell telephone "right to know" ordinance 
and the CTIA's lawsuit: http://bit.ly/berkeleymedia 

Updates


Sep 22, 2018
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 twenty to verbalise over alongside their lawyers the condition of ongoing litigation pertaining to the jail energy cell telephone "right to know" law (CTIA v Berkeley) in addition to some other legal case.

 Prior to the closed session, the council heard world comments from most 8 speakers inwards back upwards of the jail energy cell telephone ordinance. The speakers included Max Anderson, a quondam council fellow member who sponsored the ordinance inwards 2015, in addition to Ellen Marks, founder of the California Brain Tumor Association.

The speakers made the next points:
  • This landmark ordinance is sound from a policy in addition to 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 metropolis has prevailed at every degree inwards the federal judicial scheme inwards defending the ordinance against the CTIA's lawsuit.
At the conclusion of the world hearing, the council discussed the instance alongside the City Attorney in addition to Harvard Law Professor Lawrence Lessig, the atomic number 82 attorney who is working on this instance pro bono.

When the council re-convened inwards opened upwards session, they re-affirmed the city's commitment to defend the law against the CTIA's lawsuit.

News coverage of this meeting: Daily Californian in addition to CBS San Francisco.


June 28, 2018  (Updated July 2)





Supreme Court Issues Ruling on Berkeley Cell Phone "Right to Know" Ordinance

 The U.S. Supreme Court issued a ruling inwards CTIA  v. Berkeley today. The CTIA had petitioned the Supreme Court to overturn the ruling made yesteryear 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 energy cell telephone "right to know" ordinance pending resolution of the case. The ordinance was adopted inwards May, 2015 in addition to has been inwards lawsuit 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 inwards low-cal of a novel ruling inwards some other case. 

 In NIFLA v. Becerra, the Supreme Court invalidated a California law that requires "pregnancy crisis centers" to provide information to patients most the availability of abortion services. Since these centers essay to halt women from having abortions, they are opposed to providing their patients alongside such information.

The Supreme Court clarified the limits of their ruling in NIFLA v. Becerra. This limitation should assist Berkeley defend its ordinance inwards subsequent legal proceedings:

"... nosotros do non query the legality of wellness in addition to security warnings long considered permissible, or purely factual in addition to uncontroversial disclosures most commercial products." (National Institute of Family in addition to Life Advocates v. Becerra, Opinion of the Court, pp. 16-17) https://www.supremecourt.gov/opinions/17pdf/16-1140_5368.pdf

Berkeley provided the lower courtroom alongside empirical evidence that most residents are unaware of the security information that jail energy cell telephone manufacturers provide. Yet, the Federal Communications Commission requires manufacturers to break the jail energy cell phone's minimum trunk separation distance in addition to recommend to consumers the piece of occupation of an approved holder that complies alongside this separation distance.

The city's jail energy cell telephone "right to know" ordinance requires jail energy cell telephone retailers either to post a notice or provide consumers alongside the next security information:

“To assure safety, the Federal Government requires that jail energy cell phones run into radiofrequency (RF) exposure guidelines. If y'all send or piece of occupation your telephone inwards a pants or shirt steal or tucked into a bra when the telephone is ON in addition to connected to a wireless network, y'all may locomote yesteryear the federal guidelines for exposure to RF radiation. Refer to the instructions inwards your telephone or user manual for information most how to piece of occupation your telephone safely.”

The metropolis requires jail energy cell telephone retailers to display the higher upwards factual notice. The notice does non brand whatever claims most wellness risks from jail energy cell telephone use. Since the ordinance has been inwards lawsuit for to a greater extent than than 2 years without creating whatever argument amidst consumers or disruption to jail energy cell telephone retail businesses inwards the city, it is uncontroversial.

The Berkeley jail energy cell telephone "right to know" ordinance requires jail energy cell telephone retailers to provide consumers alongside "purely factual in addition to uncontroversial disclosures most commercial products." Hence, the ordinance volition probable withstand legal challenges from the CTIA in addition to its corporate allies.

 SCOTUSblog has a summary of the issues, chronology of the filings, in addition to links to all briefs submitted to the Supreme Court.
June 15, 2018

The CTIA in addition to the City of Berkeley filed a joint brief today alongside the federal district courtroom inwards northern California to house a handgrip on their instance until the U.S. Supreme Court decides whether to hear the CTIA's instance against the city's jail energy cell telephone "right to know" ordinance.

Although the Supreme Court held a coming together most the instance 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 U.S. Supreme Court to hear their instance against the City of Berkeley’s jail energy cell telephone “right to know” ordinance.

The CTIA argues that the ordinance forces cell-phone retailers to deliver a misleading in addition to controversial message to customers. The metropolis asserts that the message is “literally true”; moreover, the metropolis has a legitimate involvement inwards protecting the wellness of its residents.

Berkeley’s ordinance which was adopted inwards May, 2015, has been inwards lawsuit since March, 2016. The law requires energy cell retailers to provide consumers alongside the next notification:
“To assure safety, the Federal Government requires that jail energy cell phones run into radiofrequency (RF) exposure guidelines. If y'all send or piece of occupation your telephone inwards a pants or shirt steal or tucked into a bra when the telephone is ON in addition to connected to a wireless network, y'all may locomote yesteryear the federal guidelines for exposure to RF radiation. Refer to the instructions inwards your telephone or user manual for information most how to piece of occupation 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 in addition to is “literally true.” 

 The metropolis prevailed inwards the federal district courtroom in addition to inwards the Ninth Circuit Court of Appeals. In Oct of final 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 yesteryear Theodore Olson, a quondam U.S. Solicitor General, from the law theatre Gibson Dunn & Crutcher LLP.  

The metropolis is represented yesteryear Harvard constitutional law professor Lawrence Lessig, Amanda Shanor, a Ph.D. candidate at Yale Law School, in addition to Farimah Brown in addition to Savith Iyengar of the Berkeley metropolis attorney’s office.


The CTIA’s petition in addition to appendix tin hold upwards 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 administration 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 instance have got agreed that regain in addition to a trial is unnecessary, in addition to 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 metropolis of Berkeley won a determination inwards 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 energy cell telephone retailers to warn customers most possible radiations exposure. 

 The courtroom rejected arguments made yesteryear the CTIA--The Wireless Association which argued for an en banc hearing of the instance yesteryear a panel of 11 appeals courtroom judges.

The bulk persuasion stated that upholding the court’s prior determination is consistent alongside 4 other circuit courts that have got held government's right to compel “purely factual” commercial spoken communication to serve a compelling regime interest, even inwards the absence of consumer deception.

The minority opinion argued that because the Federal Communications Commission already requires radiations disclosures inwards novel energy cell 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 — immediately twice,” Harvard Law professor Lawrence Lessig, who argued for the metropolis inwards the case, said inwards an electronic mail to The Recorder. “We are hopeful that this volition convey an halt to this case, in addition to the City of Berkeley volition 1 time again hold upwards gratis to principle its citizens equally its citizens demand.”

 The Natural Resources Defense Council submitted a brief to back upwards the City of Berkeley. The Association of National Advertisers, the American Beverage Association, in addition to the Chamber of Commerce submitted briefs inwards back upwards of the CTIA.

The court's ruling tin hold upwards downloaded at http://bit.ly/9thCircuitRuling.


 April 24, 2017

 Today Reuters summarized the federal appeals courtroom ruling on the Berkeley jail energy cell telephone radiations instance inwards an article entitled, "When the regime tin brand businesses talk." 

 For other tidings accounts, see http://bit.ly/berkeleymedia.


April 21, 2017

Today the metropolis of Berkeley won a major determination inwards a federal appeals court. The courtroom denied a asking yesteryear the CTIA--The Wireless Association to block Berkeley’s landmark jail energy cell telephone “right to know” ordinance.

Berkeley’s ordinance which has been inwards lawsuit since March 21 of final twelvemonth requires energy cell retailers inwards the metropolis to provide consumers alongside the next notification:

“To assure safety, the Federal Government requires that jail energy cell phones run into radiofrequency (RF) exposure guidelines. If y'all send or piece of occupation your telephone inwards a pants or shirt steal or tucked into a bra when the telephone is ON in addition to connected to a wireless network, y'all may locomote yesteryear the federal guidelines for exposure to RF radiation. Refer to the instructions inwards your telephone or user manual for information most how to piece of occupation your telephone safely.”

The 3 judges who heard the instance 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 residuum of equities tipped inwards Berkeley’s favor, that the ordinance was inwards the world interest, in addition to that an injunction would harm that interest.”

Although the federal appeals courtroom hearing exclusively addresses the industry's asking for a preliminary injunction, the ruling bodes good for the City because the industry’s declaration inwards the overall instance for killing the ordinance is based upon the First Amendment in addition to federal preemption. The courtroom rejected those arguments stating that that the ordinance is inwards the world involvement equally it complements in addition to reinforces existing Federal law in addition to policy.

More information most the ordinance in addition to 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 hold upwards downloaded from http://bit.ly/CTIABkly042117.

A summary of the ruling follows:

“The panel affirmed the district court’s club denying a asking for a preliminary injunction seeking to remain enforcement of a City of Berkeley ordinance requiring jail energy cell telephone retailers to inform prospective jail energy cell telephone purchasers that carrying a jail energy cell telephone inwards certainly ways may exertion them to locomote yesteryear Federal Communications Commission guidelines for exposure to radio-frequency radiations ….

… the panel held that the City’s compelled disclosure of commercial spoken communication complied alongside the First Amendment because the information inwards the disclosure was reasonably related to a substantial governmental involvement in addition to was purely factual. Accordingly, the panel concluded that plaintiff had picayune likelihood of success on its First Amendment claim that the disclosure compelled yesteryear the Berkeley ordinance was unconstitutional.

The panel determined that in that location was picayune 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 alarm consumers to the security disclosures that the Federal Communication Commission requires, in addition to to direct consumers to federally compelled instructions inwards their user manuals providing specific information most how to avoid excessive exposure. The panel held that far from conflicting alongside federal law in addition to policy, the Berkeley ordinance complements in addition to reinforces it.

In affirming the denial of a preliminary injunction, the panel farther determined that in that location was no irreparable harm based on the First Amendment or preemption, that the residuum of equities tipped inwards Berkeley’s favor, that the ordinance was inwards the world interest, in addition to that an injunction would harm that interest.

Dissenting inwards part, Judge Friedland stated that Berkeley’s ordinance probable violates the First Amendment in addition to thus 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 energy cell telephone inwards one’s steal is unsafe. Yet Berkeley had non attempted to argue, permit lonely to prove, that message was true.”



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 yesteryear the CTIA to block enforcement of the Berkeley jail energy cell telephone "right to know" ordinance until the CTIA's lawsuit against the metropolis is adjudicated. In the meantime the law is inwards effect.

 Judge Edward M. Chen has scheduled a instance administration 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 club dissolving a preliminary injunction inwards its adapt challenging a Berkeley ordinance that requires jail energy cell telephone retailers to provide a certainly notice regarding radiofrequency unloose 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 locomote to http://www.ca9.uscourts.gov and click on the link listed at "Live Streaming Oral Arguments CR1."  Due to media involvement inwards 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 handgrip 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 energy cell ordinance until the instance was decided. 

 Berkeley's law has been inwards lawsuit since March later the Circuit Court decided to uphold the federal district court's determination to deny the CTIA's asking for a preliminary injunction.

This landmark energy cell "right to know" law requires energy cell retailers inwards Berkeley to post a energy cell security notification or provide a re-create to customers. The notification reminds the consumer to read the manufacturer’s security information inwards the cellphone’s user manual.

The instance earlier the federal Court of Appeals is CTIA-The Wireless Association v. City of Berkeley et al., instance number 16-15141. The CTIA is represented yesteryear quondam Solicitor General Theodore Olson, in addition to the City is represented yesteryear Harvard Law Professor Lawrence Lessig. The hearing volition hold upwards held inwards the U.S. Courthouse inwards San Francisco at 9:30 A.M. (95 Seventh Street, Courtroom 1, tertiary Floor, Rm 338).


Following is a recap of primal legal developments since March.

In March, the CTIA appealed the Court's ruling that denied the CTIA's motility for a preliminary injunction in addition to allowed the City of Berkeley to implement its energy cell “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 bound government’s regulatory powers, in addition to if the Court were to back upwards the CTIA’s arguments, numerous federal, state, in addition to municipal laws would hold upwards 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 in addition to the Natural Resources Defense Council submitted amicus briefs inwards back upwards of Berkeley’s position. Both the Attorney General in addition to the NRDC warned the Court against belongings governments to a higher degree of First Amendment gratis spoken communication protection scrutiny when they are simply mandating disclosures. The Attorney General argued, “If the approach advocated yesteryear CTIA were adopted yesteryear this Court, an array of consumer protection laws, long recognized equally a constitutional practise of the state’s constabulary powers nether the authorisation cited above, could hold upwards 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 inwards its reply that the CTIA had previously agreed that the FCC required these disclosures, in addition to that the Appeals Court should non consider novel arguments. Moreover, the City claimed that the CTIA’s electrical current 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 in addition to 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 energy cell manufacturers to study SAR values in addition to the minimum separation distance inwards user manuals. Their declaration is based on 2 Knowledge Database (KDB) publications that the FCC issued inwards October, 2015: KDB 212821 in addition to KDB 447498.

KDB documents, however, are issued yesteryear FCC staff to clarify existing FCC rules, non to modify them. Such documents are non dependent area to world review in addition to do non have got the forcefulness of law. Hence, the Court is unlikely to consider the CTIA’s novel declaration to hold upwards 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 inwards KDB documents do non “constitute rules”:

“the KDB is intended to assist the world inwards next Commission requirements in addition to does non constitute rules. Accordingly, the guidance is non binding on the Commission in addition to volition non forbid the Commission from making a different determination inwards whatever affair that comes to its attending for resolution.”
https://apps.fcc.gov/oetcf/kdb/index.cfm

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 yesteryear the CTIA--The Wireless Association to halt enforcement of Berkeley's jail energy 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 accept lawsuit piece the instance is beingness litigated. Judge Chen rejected the industry's arguments that the metropolis was violating retailers’ gratis spoken communication rights yesteryear requiring them to communicate a message they opposed.

The Circuit Court vote was 2-1 alongside Judges Milan Smith in addition to Morgan Christen voting to maintain the ordinance inwards lawsuit during CTIA’s appeal whereas Judge Carlos Bea dissented.

 Mar 21, 2016

 Since the Berkeley jail energy cell telephone ordinance took lawsuit today, I conducted a little observational study around 4:30 PM to view which downtown jail energy cell telephone stores were inwards compliance.

 The ordinance allows retailers to select betwixt posting the official Berkeley jail energy cell telephone notice or providing customers alongside a handout containing the same information.

 I visited 6 energy cell stores inwards downtown Berkeley. At each shop I asked to view the  posted notice or the handout. Four of the 6 stores were inwards compliance. 

 The 4 major jail energy cell telephone retailers, AT&T, Sprint, T-Mobile, in addition to Verizon, were all inwards compliance. All 4 posted the official notice on the counter or on a wall (Sprint). None opted to provide handouts to consumers.  

 The 2 authorized energy cell resellers were non inwards compliance. The sales clerks were unaware of the novel law. In 1 shop later I described the ordinance, the clerk volunteered that the law was a adept thought in addition to 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 in addition to loose alongside regulations."  The finish is to acquire people thinking most keeping phones away from their body.
Mar 8, 2016

 The Association of National Advertisers filed a brief inwards back upwards of the CTIA which sued the metropolis of Berkeley over its jail energy cell telephone "right to know" ordinance (Tom Lochner. "Advertisers grouping weighs inwards against Berkeley energy cell hazards disclosure requirement."  Contra Costa Times, Mar 8, 2016).  

 The advertisers association argues, "While the metropolis is entitled to handgrip or limited its ain opinions most energy cell safety, it may non require others to oral cavity its words or hold upwards its microphone."  The advertisers recommend that the City purchase advertising if it wishes to inform consumers to read the energy cell manufacturers' security instructions.

 Last twelvemonth the Natural Resources Defense Council (NRDC), a nonprofit environmental in addition to world wellness advocacy organisation with more than 2 meg members including 1,244 members who reside inwards Berkeley filed a brief inwards back upwards 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 energy cell telephone ordinance and calls on manufacturers to prominently display advice on steps that cell-phone users tin accept to cut down 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 energy cell telephone retailers would hold upwards harmed yesteryear delivering a message they don't believe, in addition to that the ordinance is probable to hold upwards eventually overturned yesteryear the courts. (Patrick Boyle. "CTIA urges ninth Circ. to halt Berkeley's energy cell warning law." Law 360. March 2, 2016. http://bit.ly/1TSD8i2).

 According to the Berkeley City Attorney's office, the law volition locomote into lawsuit on March 21.


 Feb 1, 2016

On Jan 27, the Federal Court (Judge Chen) lifted the ban on the Berkeley jail energy cell telephone ordinance. The metropolis is immediately allowed to enforce the amended jail energy cell telephone law which requires jail energy cell telephone retailers to notify their customers most the security warnings inwards their jail energy cell telephone or jail energy cell telephone manual. 

 The guess affirmed Berkeley's right to warn its citizens most potential wellness risks based on federal security standards.  In his ruling, the guess rejected the CTIA's declaration that the city's mandated disclosure is controversial in addition to thus saltation yesteryear a stricter constitutional analysis.  

 According to the ruling, "CTIA's beef should hold upwards alongside the FCC ... If CTIA believes that the security margin is also generous because in that location is no existent security concern at that level, it should accept that affair upwards alongside the FCC administratively."

 See Courthouse News Service for a summary of the Jan 21 "Mobilize: a Film most Cell Phone Radiation," prepared a a 6 infinitesimal video most the adoption of the nation's exclusively jail energy cell telephone "right to know" ordinance yesteryear the City of Berkeley on May 12, 2015.

http://bit.ly/1Hf23Tq

 --

May 16, 2015

City of Berkeley to require energy cell sellers to warn of possible radiations risks

Lawmakers vote to highlight the potential dangers of keeping devices unopen to the trunk equally scientists enhance raft of concerns, especially for children 

Anita Chabria, The Guardian (UK), May 16, 2015


Note:

 The article inwards 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, in addition to the World Health Organization (WHO) requesting they adopt to a greater extent than protective exposure guidelines for electromagnetic fields (EMF) in addition to wireless applied scientific discipline inwards the confront of increasing evidence of risk.*  

 These exposures are a speedily growing cast of environmental pollution worldwide. 

 As of today the petition has been signed yesteryear 200 EMF scientists from xl nations. Seventy non-governmental organizations (i.e. non-profits) have got endorsed the Appeal.

For to a greater extent than information most the  https://basic-halli.blogspot.com/search?q=berkeley-cell-phone-right-to-know.

*(e.g., might lines, jail energy cell phones, cordless phones, Wi-Fi, wireless devices, jail energy cell towers, wireless utility meters).

--

May 12, 2015 

 Berkeley Adopts Cell Phone "Right to Know" Ordinance on Unanimous Vote
This eventide the Berkeley City Council adopted the jail energy cell telephone "right to know" ordinance on a unanimous vote of 9-0.  Berkeley is the showtime metropolis inwards the land to laissez passer on a jail energy cell telephone radiations ordinance since San Francisco disbanded its ordinance later a two-year courtroom battle alongside the CTIA

Harvard Law Professor Lawrence Lessig helped draft the ordinance in addition to presented it to the Council on behalf of metropolis staff.

The exclusively opposition to the ordinance came from the CTIA--The Wireless Association. The CTIA claims that consumers would hold upwards scared if they were directed to read the information that the FCC requires they provide to consumers.  

May 5, 2015

 Berkeley residents want, deserve energy cell ‘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
Berkeley City Council: May 12, 2015 Meeting Agenda Item on Cell Phones

Action Calendar -- New Business

From: City Manager
Recommendation: Adopt showtime reading of an Ordinance requiring jail energy cell telephone retailers to provide a notice alongside each sale or lease concerning the carrying of jail energy cell phones, in addition to adding Berkeley Municipal Code Chapter 9.96.
Financial Implications: Staff time

--

 Excerpt from Proposed Cell Phone Ordinance

CHAPTER 9.96
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 y'all hold upwards provided the next notice: To assure safety, the Federal Government requires that jail energy cell phones run into radio frequency (RF) exposure guidelines. If y'all send or piece of occupation your telephone inwards a pants or shirt steal or tucked into a bra when the telephone is ON in addition to connected to a wireless network, y'all may locomote yesteryear the federal guidelines for exposure to RF radiation. This potential chance is greater for children. Refer to the instructions inwards your telephone or user manual for information about how to piece of occupation your telephone safely.

 B. The notice required yesteryear this Section shall either hold upwards provided to each client who buys or leases a Cell telephone or shall hold upwards 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 hold upwards printed on newspaper that is no less than 5 inches yesteryear 8 inches inwards size, in addition to shall hold upwards printed inwards no smaller than a 18-point font. The newspaper on which the notice is printed may contain other information inwards the discretion of the Cell telephone retailer, equally long equally that information is distinct from the notice linguistic communication required yesteryear section (A) of this Section. If prominently displayed at a dot of sale, the notice shall include the City’s logo, hold upwards printed on a poster no less than 8 ½ yesteryear 11 inches inwards size, in addition to shall hold upwards printed inwards no little than a 28-point font. The City shall brand its logo available to hold upwards incorporated inwards such notices.

 C. Influenza A virus subtype H5N1 Cell telephone retailer that believes the notice linguistic communication required yesteryear 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 yesteryear this Section inwards connector alongside sales or leases of that model of Cell phone. Such permission shall non hold upwards unreasonably withheld.

 http://www.ci.berkeley.ca.us/Clerk/City_Council/2015/05_May/Documents/2015-05-12_Item_29_Requiring_Notice.aspx

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 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 percentage (82%) of adults inwards Berkeley, California reported inwards a recent survey that they desire to hold upwards informed when they purchase a jail energy cell telephone most the manufacturer’s recommended minimum distance that the telephone should hold upwards kept from the user’s body.

On May 12, the survey results volition hold upwards 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 energy 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 apparel or piece of occupation a jail energy cell telephone against their trunk when on (as inwards a shirt or pants steal or tucked into a bra). This manufacturer’s separation distance piece of occupation advisory which is required yesteryear the Federal Communications Commission is currently located inwards the legal fine impress of user manuals or on the telephone inwards text menus which are hard to find. 

​ 
If the Council adopts the ordinance, Berkeley volition acquire the exclusively metropolis inwards the U.S. to require retailers to provide consumers alongside this of import security information.

Harvard Law Professor Lawrence Lessig who helped draft the ordinance volition introduce 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 primal survey findings:

  • Fully, 70% of Berkeley adults were unaware that the government’s radiations tests to assure the security of jail energy cell phones assume that the telephone would non hold upwards carried against the user’s body, but instead would hold upwards held at to the lowest degree 1 to xv millimeters from the user’s body.
  • Two out of 3 (66%) were unaware that jail energy cell telephone manufacturers recommend that their jail energy cell phones hold upwards carried away from the body, or used alongside hands-free devices.
  • Fewer than 1 inwards 6 (15%) have got seen the recommendations yesteryear jail energy cell telephone manufacturers most how to best protect against overexposure to jail energy cell telephone radiation.
  • Almost 3 out of 4 (74%) reported that they or their children send a jail energy cell telephone against their body—tucked inwards a shirt or pants steal piece the telephone is switched on.

Lisa Bailey, M.D., yesteryear president of the California Division of the American Cancer Society in addition to a thorax cancer surgeon at Alta Bates Medical Center, strongly supports the ordinance:

“We have got had some anecdotal cases inwards which the woman’s thorax cancer develops straight below the surface area where her jail energy cell telephone was carried. I believe that the world has the right to know that in that location may hold upwards potential risks in addition to to piece of occupation their telephone inwards a agency to cut down potential harm. I urge the Berkeley City Council to provide such information to their constituents.”

Recent peer-reviewed enquiry has institute that jail energy cell telephone radiations causes sperm damage. The authors of a systematic review in addition to meta-analysis of 10 studies on the effects of mobile telephone radiations on human sperm character concluded that, "Our analyses betoken negative associations betwixt mobile telephone exposure on sperm viability in addition to motility.” (Adams et al., 2014).

Several peer-reviewed papers have got recommended that jail energy cell phones should non hold upwards carried or used straight against the trunk equally inwards a pants pocket. For example:
  • “Keeping the jail energy cell telephone inwards a trouser steal inwards verbalise manner may negatively touching on spermatozoa in addition to impair manly mortal fertility” (Agarwal et al. 2009).
  • “Overall, these findings enhance a number of related wellness policy in addition to patient administration issues that deserve our immediate attention. Specifically, nosotros recommend that men of reproductive historic menses who engage inwards high levels of mobile telephone piece of occupation do non maintain their phones inwards receiving manner below waist level” (De Iuliis et al., 2009).

The City Council coming together volition hold upwards held 7:00 PM on May 12 inwards the City Council Chambers at 2134 Martin Luther King Jr. Way, Berkeley. Supporters of the ordinance volition handgrip a rally inwards front end of the edifice at 6:00 PM.

The survey of Berkeley residents was conducted yesteryear Public Policy Polling of Raleigh, North Carolina from March 6-8, 2015. The survey was funded yesteryear the ​California Brain Tumor Association.

Contact: Ellen Marks, Executive Director, California Brain Tumor Association

--

 April 28, 2015

On Tuesday, May 12, the Berkeley City Council volition vote on becoming the showtime metropolis inwards the land to enact legislation to give consumers information at the dot of sale equally to the recommended distance information which is currently hidden inwards the jail energy cell telephone or inwards the manual. Harvard Law Professor Lawrence Lessig helped draft the ordinance in addition to volition hold upwards at the coming together to introduce it to the Council.

Advocates for the ordinance volition handgrip a rally inwards front end of City Hall at 6 PM.

For to a greater extent than information see Berkeleyside Events Calendar.

--

 March 27, 2015

 NBC Bay Area aired a 4 infinitesimal tidings story on the 11:00 news, "Mobilize: Influenza A virus subtype H5N1 Film most Cell Phone Radiation."

--

 March 10, 2015

 The jail energy cell telephone "right to know" ordinance volition hold upwards on the agenda of the Berkeley City Council meeting on Tuesday, May 12. 

 --

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 energy cell telephone “right to know” ordinance. 

Once this ordinance is enacted, Berkeley volition acquire the showtime metropolis inwards the land to require jail energy cell telephone retailers to provide those who purchase a novel telephone an informational fact sheet. Retailers volition hold upwards required to provide the fact canvas to those who purchase a jail energy cell telephone which informs them to read the user manual to larn the jail energy cell phone’s minimum separation distance from the body.

 The FCC requires manufacturers to provide this information to ensure that the consumers’ jail energy cell telephone radiations exposure does non locomote yesteryear the amount when the jail energy cell telephone was tested. Few consumers are currently aware of this security information because it is buried inwards their user manual or inside their smart phone. Knowledge of this information is an of import mensuration inwards increasing awareness that jail energy cell phones should non hold upwards used adjacent to the body.

Councilman Max Anderson who sponsored the referral grilled the CTIA representative, Gerard Keegan, most why the manufacture does non desire consumers to view the security information that the FCC mandates. The CTIA seat is that this is betwixt the FCC in addition to the industry, in addition to the FCC is inwards the procedure of deciding whether this information is necessary in addition to so the City should non human activeness on this issue.

The referral directs the City Manager to inquire City Attorney Zach Cowan in addition to Harvard Law Professor Lawrence Lessig to draft the ordinance.

A video of the meeting is immediately available for streaming (see 01:44:50 - 03:36:25).

Summaries of the coming together have got been published yesteryear The Daily Californian and the Contra Costa Times.

 --

 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 energy cell telephone retailers give to consumers who purchase a phone, a factual, informational handout referring the user to their jail energy cell telephone manufacturers' disclosure regarding the recommended separation distance for piece of occupation against the body.
Financial Implications: See report
Contact: Max Anderson, Councilmember, District 3, 981-7130
http://bit.ly/1EvJvPz

 --

 October 15, 2014

 Press Release: Berkeley's Proposed Cell Phone "Right to Know" Ordinance

 http://www.prlog.org/12383163

--

 October 10, 2014

 This jail energy cell telephone "right to know" ordinance is on the consent calendar for the Berkeley City Council coming together to hold upwards held on Tuesday, Oct 28, 2014. The referral in addition to 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 energy cell telephone manufacturers' disclosure regarding the recommended separation distance for piece of occupation against the body.
Financial Implications: See report
Contact: Max Anderson, Councilmember, District 3, 981-7130
The advisory volition hold upwards inwards the cast of an informational handout to hold upwards handed to consumers yesteryear the retailer at the fourth dimension of purchasing a jail energy cell phone. The proposed wording is equally follows:  
"The Federal Government requires that jail energy cell phones run into radio frequency (RF) exposure guidelines. Don't send or piece of occupation your telephone inwards a pants or shirt steal or tucked into a bra when the telephone is turned ON in addition to connected to a wireless network. This volition prevent exposure to RF levels that may locomote yesteryear the federal guidelines."
"Refer to the instructions inwards your telephone or user manual for the recommended separation distance."

--

 Precaution or Paranoia? Berkeley May Require Cancer Warning Stickers for Cell Phones

Sabin Russell, California Magazine, August 19, 2014

[An indepth article most the scientific discipline in addition to  politics underlying the proposed Berkeley jail energy cell telephone ordinance--research on cancer chance in addition to fetal effects on neurological evolution is discussed.]
Just equally the world provide of mobile phones is reaching 1 unit of measurement for every human beingness on Earth, hither comes Berkeley, alongside a warning: These things could hold upwards hazardous to your wellness ...
Stakes inwards this declaration are extraordinarily high. Cell phones are radio transmitters that are non exclusively ubiquitous, they are unopen at hand: We press them against our ears. We shop them inwards our pants pockets. Women sideslip them into their bras. Teens slumber alongside them nether their pillows. With the adult marketplace seat nearly saturated, the large increase chance for mobile devices is children.
“In our so­ci­ety, the pre­cau­tion­ary prin­ciple does non res­on­ate well. We desire to view a trunk count first.” 
The CTIA statement builds a instance that the “scientific consensus” is firmly inwards their camp. In fact, the two-word term appears 28 times inwards their filing. They quote numerous federal agencies asserting a lack of evidence that jail energy cell telephone radiations tin exertion harm. Among them is the FCC itself, the FDA, in addition to 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 unloose energy tin cause cancer.
Moskowitz dismisses the endorsements. “Industry in addition to regime agencies seem to hold upwards inwards denial, in addition to have got been inwards that frame of hear for decades,’’ he says.
... Cell-phone makers inwards their fine impress do advise keeping these devices about a half-inch away from your body, although in that location is no cite of it inwards an industry-written parents’ guide to jail energy cell phone safety.
And meanwhile, let’s confront it: We exactly dear these picayune appliances. They are changing the agency nosotros live. If they are changing the agency nosotros die, we’ll honour out, eventually.
http://bit.ly/1p7158O

Also see:
Eric Schultz. Killer App: Influenza A virus subtype H5N1 Berkeley researcher weighs inwards on jail energy cell phones in addition to cancer. California Magazine. Winter 2010.  http://bit.ly/1kSu5z5

--

Berkeley pushes for cancer warning stickers on jail energy cell phones

Carolyn Jones, SFGate, Jul 15, 2014 (updated)

Print version: "CELL PHONE ORDINANCE: Berkeley volition create do for cancer warnings," San Francisco Chronicle, Jul 15, 2014, pg. Influenza A virus subtype H5N1 - 1

Berkeley, undaunted yesteryear abandoned efforts inwards San Francisco, is attempting to acquire the showtime metropolis inwards the land to require retailers to set stickers on jail energy cell telephone packaging warning people that the devices may emit cancer-causing radiation ...
Joel Moskowitz, caput of UC Berkeley's Center for Family in addition to Community Health, has no such indecision. He's been studying the number since 2009, in addition to has concluded that jail energy cell phones are "one of the top emerging world health risks." 
Studies cited yesteryear the jail energy cell telephone manufacture are outdated, he said. Newer in addition to to a greater extent than complex wireless technology, coupled alongside people spending increasing amounts of fourth dimension on their phones, is almost certainly to atomic number 82 to an uptick inwards 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 energy cell phones penetrates the peel in addition to skull in addition to absorbs into the encephalon tissue, having an adverse touching on on cells, he said. Phone radiations tin also touching on sperm count amidst men who send phones inwards their pockets, he said.
Consumers should apparel headsets, piece of occupation the speaker characteristic in addition to otherwise maintain phones away from their bodies, he said.
"With jail energy cell phones, distance is your friend," he said.
Pregnant women in addition to children are especially vulnerable, he said.
A warning sticker should advise consumers that some studies link jail energy cell phones to rare but serious cancers, in addition to they should accept precautions, he said ...
http://bit.ly/1p0gq6d

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