February 24, 2025

VIA ELECTRONIC DELIVERY

Bozeman School District 7

404 West Main Street

Bozeman, Montana 59715

et al.   Gallatin High School; 

             Bozeman High School

 

Re: Cease & Desist — Jamming, impeding, reducing or removing (technology) signals 

 

Dear Bozeman School District 7,

 I write on behalf of the vast majority of the student body, to communicate that the recently implemented “technology policy” executed at the high schools in Bozeman is widely unsupported, unconstitutional, and in violation of law. By removing our access to technology on our personal devices during school hours you aren’t just removing our devices, you are removing our civil liberties. We as a united student body do not support this. In fact, many stand in direct opposition to these actions. 

The actions from these public high schools to reduce, impede or block signal, are creating an unsafe environment for the students of Bozeman School District whilst simultaneously removing our first amendment right to the Freedom of Speech. We do not appreciate the actions being taken to disconnect us from the world: one device at a time. 

Not only are you depriving scholars of our civil liberties relating to communication, you are also interfering with medical needs of students who have a medical device. As school administration and district medical personnel are aware, many students wear devices set by their primary medical care and specialists to assist them with their medical needs. Some examples include diabetic insulin pumps, sugar monitors and cardiac related medical equipment. As some medical professionals are aware, most electronic medical equipment require the electronic transmission of data and depend on free-access to wifi or cellular signals. Removing or impeding access to otherwise available signals unnecessarily burdens the individual academically because they are worried about the HIPPA protected information not being consistently transferred from their medical equipment to the cellular devices which provide medical notifications and advice.

This is a direct violation of our civil liberties and we will not stand for it, Bill of Rights, Amendment 1(a); freedom of speech, Health Insurance Portability and Accountability Act (HIPAA), as well you are in violation of several federal laws outlined by our United States Code (USC).

On February 19th, 2025, we students at Gallatin High School and Bozeman High School were blindsided when all personal electronic devices failed to function in their respective technological purposes. Devices such as laptops, cell phones, medical equipment, tablets, headphones, and various Smart devices were impacted and remain impacted which is a serious safety impairment, not to mention the legalities violated. 

Whereas:

Federal laws prohibiting the intentional reduction in signals reign superior to State laws, initiatives from the Governor and school policies. 

According to the Federal Communications Commission, “the use of a phone jammer, GPS blocker, or other signal jamming device designed to intentionally block, jam, or interfere with authorized radio communications is a violation of federal law.  There are no exemptions for use within a business, classroom, residence, or vehicle.”

 

Applicable Law

The Communications Act of 1934
Section 301 - requires persons operating or using radio transmitters to be licensed or authorized under the Commission’s rules (47 U.S.C. § 301).
Section 302(b) - prohibits the manufacture, importation, marketing, sale or operation of signal jammers within the United States (47 U.S.C. § 302a(b)).
Section 333 - prohibits willful or malicious interference with the radio communications of any station licensed or authorized under the Act or operated by the U.S. Government (47 U.S.C. § 333).
Section 501 – allows for substantial monetary fines and criminal sanctions including imprisonment (47 U.S.C. § 501).
Section 503 - allows the FCC to impose forfeitures for willful or repeated violations of the Communications Act, the Commission's rules, regulations, or related orders, as well as for violations of the terms and conditions of any license, certificate, or other Commission authorization, among other things (47 U.S.C. § 503).
Sections 510 - allows for seizure of unlawful equipment (47 U.S.C. § 510).
The Commission's Rules
Section 2.803 - prohibits the manufacture, importation, marketing, sale or operation of unauthorized devices within the United States (47 C.F.R. § 2.803).
Section 2.807 - provides for certain limited exceptions, such as the sale to U.S. government users (47 C.F.R. § 2.807).
The U.S. Criminal Code (Enforced by the Department of Justice or Department of Homeland Security)
Title 18, Section 545 – prohibits the importation of illegal goods into the United States; subjects the operator to possible fines, imprisonment, or both (18 U.S.C. § 545).
Title 18, Section 1362 - prohibits willful or malicious interference to US government communications; subjects the operator to possible fines, imprisonment, or both (18 U.S.C. § 1362).
Title 18, Section 1367(a) - prohibits intentional or malicious interference to satellite communications, including GPS; subjects the operator to possible fines, imprisonment, or both (18 U.S.C. § 1367(a)).

Whereas:

We live in an era of rampant school shootings and the school’s intentional actions to impede student access to cellular signals is grossly negligent and wholly unsafe. Cell phones allow students to have immediate communication with law enforcement, and parents, providing an extra layer of security in the event of emergencies. Cell phones can further provide “additional eyes” on a crime in progress through the discreet use of video technology, in real time. 

Whereas:

The reduction in or jamming of signals adversely affects students with medical needs because some medical devices require immediate and interval transmissions of data to a satellite which in turn alerts medical specialists of potentially life threatening medical events in real time. 

At least one high school student’s medical device was impeded in February 2025 when they experienced a cardiac event on campus that was not transmitted to their Cardiac Event Monitor (CEM). Any public school that knowingly and willingly hinders a person’s medical and disability rights to be safe while obtaining a Free & Appropriate Education (FAPE) should be held accountable and accept liability for harm(s) and apprehension of harm(s) caused.

Whereas:

Public schools are a public space. Visiting guests such as competing sports teams and spectators will be annoyed and outraged to experience not having cellular/ wi-fi signal while on Bozeman campuses. Not only will they not be able to not be able to contact law enforcement in the event of an emergency, they will not be able to post photos of our Bozeman teams beating the opposition in real time. 

Whereas: 

While Bozeman School District could be focusing their efforts on establishing healthy online behaviors and utilization so students can learn good boundaries and time management skills, the implementation of this “technology policy” is an ill-fated liability for the above reasons and for earmarking public education funding on an unsound effort to limit a fact of modern day society.

We, United Students 4 Action, demand of BSD7 et al. the immediate Cease & Desist of all operations relating to this policy outlined by the School District and all future efforts relating to the limiting of students’ personal technology as it’s a right of our civil rights and liberties. 

Should the contents of this letter be ignored and/or signal service not be immediately restored, efforts to escalate this Cease & Desist Letter to a Cease & Desist Order will be pursued in more formal proceedings.

 

United Students 4 Action