Cell Phone Bans: Overview

Introduction

Cell phones have become almost ubiquitous in American society, and therefore debate surrounding them takes many forms. While there is ongoing discussion of privacy, environmental concerns, etiquette, and other subjects, one of the most prominent recurring debates revolves around the issue of safety, especially in the context of driving. according to the US Department of Transportation's National Highway Traffic Safety Administration (NHTSA), in 2021 more than 3,500 people were killed in car crashes involving a distracted driver and the organization continued to note cell phones as one of the major sources of distraction. Over the years most states enacted legislation against cell phone use while driving; almost all banned texting while driving, and many banned all hand-held device use. Some activists continue to push for further regulation and stricter enforcement of cell phone bans.

Yet despite widespread agreement that cell phone use can lead to distracted driving, there has been debate over the appropriate response. Some observers question whether cell phones should be singled out from other distractions, such as eating, applying makeup, or operating a car's dashboard controls, all of which can similarly cause distracted driving. Critics also point out that even hand-free laws do not stop drivers from carrying out phone conversations if their phone is wirelessly connected to the vehicle's infotainment system, yet the act of talking can be just as distracting as physically holding a cell phone. They suggest that banning cell phone use is almost as unrealistic and unenforceable as banning drivers from talking whatsoever.

Debate over cell phone bans extends beyond driving. Schools are another setting in which many have sought to ban or limit cell phone use, with mixed results. Bans have also been enforced at certain military sites and sensitive business locations. Employers note that Yet there has been little regulatory action in cases when concerns over cell phone use come down to questions of etiquette rather than clear concerns over safety or security. Instead, businesses and institutions have developed internal policies governing cell phone use, including, for example, cell phone zones in libraries and reminders to turn off ringers before movies or meetings. Etiquette media now typically includes entire sections on cell phone courtesy.

Understanding the Discussion

Cellular phone: A wireless or mobile phone that operates on radio frequencies that are supported by wireless networks. Many cell phones, known as smartphones, also allow users to access the internet, send and receive email and text messages, take pictures, and listen to music, among other functions.

Electromagnetic radiation (ER): Energy emitted from sources including ultraviolet, infrared light, microwaves, x-rays, and radio waves. ER is measured by a wavelength and a frequency, and is denoted in watts per square meter (W/m²). Frequencies range from extremely low (3 to 30 Hz/100,000 km) to extremely high (30 to 300 GHz/10 mm).

Radio frequency radiation (RFR): Electromagnetic energy emitted from radio, radar, television and cell phone antennas, at wavelength frequencies that range from 10 MHz to 300 GHz, frequently referred to as “bands.” Cell phones operate at 800 to 1800 MHz/1 m to 100 mm, which is considered an ultra-high level. RFR is emitted by a cell phone at measurable levels only when the phone is in use.

Specific absorption rate (SAR): As applied to cell phones, a term indicating the amount of radiation that can be absorbed by a human head engaged in the use of a phone. Normally, the heat is absorbed by the body and discarded. The Federal Communications Commission (FCC), one agency that regulates the cell phone industry, requires cell phone manufacturers to post their products’ SAR rate. The FCC imposes a SAR limit of 1.6W/kg.

History

AT&T developed the first wireless mobile phone after World War II. With just one radio tower to service a region, service was slow, and the number of users in each region was limited to twenty or less. The phones cost thousands of dollars and were used primarily by police departments.

The first major improvement involved the design of a “cellular plan.” Radio transmitters would provide service to “cells,” or small regions, and as customers traveled from region to region, each transmitter would pass along the signal. The analog technology took years to develop and gain approval from the Federal Communications Commission (FCC).

In 1973, Motorola, already a leader in the two-way radio industry, introduced the DynaTAC (Dynamic Adaptive Total Area Coverage), the first portable telephone to employ cellular radio technology. When the FCC approved the DynaTAC in 1983, it weighed 28 ounces and sold for over $1,000. Despite the large size and prohibitive cost, however, by 1985 there were as many as 340,000 cell phone subscribers receiving wireless service from Motorola and AT&T.

At the same time, individual countries in Europe were also engaged in developing analog systems. In the late 1980s, these countries collaborated on the design of one compatible digital system, which resulted in the Global System for Mobile Communication (GSM). Other countries, including the United States, later developed a GSM system.

By 1992 millions of cell phones were in use in the United States, and some health concerns began to emerge. In 1993, David Reynard filed a lawsuit in Florida on behalf of his wife, who allegedly had died from a brain tumor caused by cell phone use. A wave of research studies followed. While a few studies suggested radio frequency radiation (RFR) might have carcinogenic properties, by the 2020s the scientific consensus held that there was insufficient evidence to show a causal link between RFR and cancer. Nevertheless, some researchers continued to examine the potential health effects of the electromagnetic radiation emitted by cell phones. Some studies, including one conducted in 2000 by the British Independent Expert Group on Mobile Phones (IEGMP), have suggested that children are potentially vulnerable to radio frequency radiation. In response, both the British government and the German Academy of Pediatrics recommended limiting cell phone use among children.

In the twenty-first century technological advances helped make cell phones increasingly common, and they quickly became an integral part of everyday life for many Americans. The groundbreaking iPhone was first released by technology company Apple in 2007, after which smartphones in particular boomed in popularity. Such devices allowed users much of the same functionality as a computer in a highly portable form factor, and the parallel rise of social media and improvements in internet access meant that smartphone users could access essentially unlimited information almost anywhere. While some hailed the wireless revolution for reshaping many aspects of society, critics began to raise concerns about the addictiveness of smartphone use and its impact on traditional social structures.

The ubiquity of cell phones also gave rise to other concerns. The issue of access to cell phone records and other data led to much debate regarding privacy rights. Additionally, the introduction of the camera phone generated worries about privacy, as well as issues regarding national security. As a consequence of these perceived concerns, government agencies at times banned cell phones from certain military sites, and some businesses prohibited phones from being used in sensitive areas. In 2004, in response to the widespread use of camera phones, the United States Congress passed the Video Voyeurism Prevention Act, which makes it a crime to photograph individuals without their prior consent.

Meanwhile, environmentalists have accused the cell phone industry of “planned obsolescence”—intentionally designing products with short lifespans in order to ensure future replacement sales—which, they argue, results in the discarding of tens of millions of cell phones annually. Moreover, cell phones contain biological toxins (BPTs) including arsenic, cadmium, and mercury that can leak into the ground. California became the first state to mandate a cell phone waste management program. Cell phone manufacturers and the Cellular Telecommunications & Internet Association (CTIA) counter that planned obsolescence is a misleading term for continued improvements in a burgeoning technology, innovative add-ons and new designs in response to market demand.

Cell Phone Bans Today

The number of cell phones continues to increase dramatically. In 2016, the number of mobile phone subscriptions worldwide outnumbered the world's population for the first time. By 2022, there were 8.59 billion mobile phone subscriptions for a global population of 7.95 billion people. In the United States, 97 percent of adults owned a cell phone by 2023.

The issue of banning cell phone use while driving also continued to generate significant attention. By 2023, forty-nine US states, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, and the US Virgin Islands had passed laws prohibiting texting by all drivers. Thirty-four states, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, and the US Virgin Islands also had laws on the books prohibiting drivers from using handheld devices at all. Most states enacted additional restrictions on teen or novice drivers, with thirty-six states and Washington, DC, banning them from using cell phones at all.

Debate also centered on cell phone bans in schools in the 2020s. The National Center for Education Statistics reported that 76.9 percent of US schools had banned non-academic cell phone use during the 2019–20 academic year, although observers cautioned that bans were not always enforced and that students did not necessarily comply with the bans. In fact, a 2023 study by Common Sense Media found that 97 percent of students surveyed used their cell phones during the school day.

Employer policies regarding cell phone restrictions in the workplace continued to be another topic of debate. Employer cell phone restrictions are common practice, and employers may legally restrict cell phone use or possession during work time in active working areas, although there are limits to such restrictions under federal law. The National Labor Relations Act allows employees to possess cell phones in the workplace under certain circumstances and areas, however. For instance, employer cell phone bans cannot impede workers' union or organizing activities. The Fair Labor Standards Act limits employers' restrictions on hourly employees' cell phone use during breaks and other times that they are not clocked in.

Employers who have instituted cell phone restrictions argue that they increase worker safety and productivity, as well as corporate security and privacy. Opponents of employer cell phone restrictions also cite safety concerns as reasons why employees should have full access to their cell phones at work. They argue that employee cell phones can help save employees' lives during natural disasters, like the 2021 tornado that tore through an Amazon warehouse in Illinois, killing six workers, or emergencies such as active shooter situations.

These essays and any opinions, information, or representations contained therein are the creation of the particular author and do not necessarily reflect the opinion of EBSCO Information Services.

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