Paul Ben Ishai
Paul Ben Ishai
Just muddling through.......

Barrister battles over 5G — many a David and one Goliath

As I finished my last post I reflected on the title and realized that there was more than one Don Quixote titling at that windmill (see The day Don Quixote found his mark ).  In that petition against the FCC, submitted in the D.C. District Court of Appeals there are in fact 14 plaintiffs; starting with the Environmental Health Trust, followed by Consumers for Safe Cell Phones; Elizabeth Barris; Theodora Scarato and then the Children’s Health Defense; Michele Hertz; Petra Brokken; Dr. David O. Carpenter; Dr. Paul Dart; Dr. Toril H. Jelter; Dr. Ann Lee; Virginia Farver, Jennifer Baran and finally Paul Stanley, M.Ed.  In fact, quite a collection of worried people.

Despite the lackluster display of legal prowess displayed by the FCC legal team, one cannot underestimate such a powerful authority, or the lobbying power wielded by the Cellphone industry in the US. In a patently unfair state of affairs, the FCC draws on the deep pockets of the US treasury while the plaintiffs, in this case, must rely on their own meager resources.  Clearly, if the FCC were doing its job of regulation based on science, there would be no need for the concerned citizen to risk his pocket!  What is especially galling is the plaintiffs actually fund the FCC by their taxes.  They indirectly pay both ends of the ticket!

But they are not alone in their fight. It is rapidly turning into a worldwide movement.  So, in this missive lets talk about the rest of the world.  In no particular order:

Italy

 

I love Italy.  It is almost a second home.  It is also famous for an independent legal system and notoriously fickle governments.

Italian courts have not been shy when it comes to challenges against the cellphone industry.

In 2012 Innocente Marcolini, a 60-year-old retired businessman argued before the Italian Supreme Court that excessive use of a cell phone had caused partial paralysis of his face by inducing a benign brain tumor. The court accepted his argument and ordered that he be paid compensation by INAIL (Instituto Nazionale d’Assicurazione Contro gli Infornati sul Lavoro), the national institute for worker’s compensation. You can read some of the background here. He was using his mobile phone for at least 6 hours every day for more than 12 years.  Importantly the court listened to and accepted the evidence of 2 prominent oncologists, Prof. Angelo Gino Levis and neurosurgeon Dr. Giuseppe Grasso, against the stated position of the regulatory authorities. The doctors argued that the radiation experienced by the user from cellphones would lead to cellular damage, but that these types of tumors would take over 15 years to appear.  In other words, the very short-term studies favored by ICNIRP and the WHO EMF Project were essentially useless.  The judges agreed.

But that is not the end.  In 2017 another ruling, this time from the Court in Ivrea also recognized the causal link between cellphone use and brain tumors. And then again in 2019 in the Court of Monza recognized brain tumors as an occupational disease for a worker who had used a cell phone for up to 6 hours a day for 15 years.  Again the court chose to accept expert advice rather than accept the flaccid explanations for the ICNIRP safety standard.

I love Italy…..

United Kingdom

 

Storm clouds are brewing in the venerable courts of the land.

The British government has recently decided to follow the disastrous approach adopted in the States by which local authority has lost the right to refuse planning permission for cellphone masts in its jurisdiction, thereby giving carte blanche to the cellphone industry. We should be worried here too in Israel because there are those in the Communication Ministry who would do the same (see my post “The 5G Morass…”).  “Lawyers in UK”, led by a solicitor, Jessica Learmond-Criqui, have instigated a crowdjustice fundraiser to challenge this action.  And there is another legal action, led by Michael Mansfield QC on behalf of an organization Actionagainst5g.org , formed by individuals, scientists and medical doctors.  Their argument is an ingenious one.  Simply put, they claim that by ignoring the growing body of evidence showing detrimental health effects of excessive exposure to cellphone radiation and relying, all most blindly, on the ICNIRP recommendations, the Government of the UK is effectively using the population as guinea pigs in a giant experiment of public health.  And that is an infringement of the human rights of every resident in the UK.  For that, the Government needs the signed consent of everyone in the UK, all 67 million of them.  That violates the 1947 Nuremburg Code[1] .  I really hope they succeed. Michael Mansfield is a noted and very successful Silk. As an aside, while I was researching this article, I came across a blog site called ISPreview.org.  This is an IT site run by IT people who ardently believe in 5G (I believe). Even though it is rich in content it slips into demagogy when reporting on the Action against 5G law suit, describing it as “5G Conspiracy Theorists Hire Lawyer to Sue UK Gov Over Health Fears”.  They would do well to read the literature.  Health fears are real and not the product of conspiracies…….

Australia

 

IT is the Precautionary principle that is in action in Oz. Attorney Ray Broomhall has been mounting a spirited rearguard action against the creeping intrusion of 5G in Australia. In some ways, their battle has been similar to the line being pursued in the UK.  In light of the ever-expanding scientific evidence of detrimental health effects from cellular radiation, the implementation of 5G without a proper health assessment (i.e relying on a foreign bodies, ICNIRP, the definition of what is safe) is tantamount to an experiment on the population, without the population’s consent.  As such the government and the corporation involved are open to criminal proceedings.  Surprisingly, the Australian courts are very open to this approach and it seems to have an effect. Once again the motivation behind them is science.  They are helped I imagine, by having access to one of the best open-source databases on the biological effects of cellphone radiation in the World, the Oceania Radiofrequency Scientific Advisory Association database.  This database contains over 3909 of the top scientific studies on the effects of cellular radiation, accurately indexed.  I feel that this must reflect the general distrust the public in Australia is showing towards 5G.  In fact, 25% of a recent pole voiced concerns over health effects from 5G on  50% of the respondents would not buy a house near a 5G base station.

Turkey

 

Muammer Karabulut, who lives in Antalya, has filed a lawsuit against Microsoft and Huawei with the claim that human health is compromised due to 5G technology studies. His lawsuit is backed by a petition that has already reached 50,000 signatures.

Back to the USA

 

There are in fact a myriad of cases coming to the fore in the USA against the FCC and the telecoms operators.  I mention just one that caught my eye.

Lake Tahoe

 

Lake Tahoe is ingrained into the American vista. Its views inspired Mark Twain in 1860 to write “…the Lake burst upon us—a noble sheet of blue water lifted six thousand three hundred feet above the level of the sea and walled in by a rim of snow-clad mountain peaks that towered aloft full three thousand feet higher still!”.  Nowadays, of course, he wouldn’t write.  He would take a cheesy selfie and upload it to Facebook, TikTok, Instagram and Twitter, tag himself and a hundred friends, take a hundred photos and make an album.  Maybe even a v-blog.  So, to serve all those budding Mark Twains, the cellphone operators wanted to carpet this amazing piece of untouched nature with tens of cellphone towers and 5G antennas.  The Lake Tahoe motion is to stop the proliferation and was petitioned by South Lake Tahoe resident Monica Eisenstecken, and three environmental nonprofit organizations, including Environmental Health Trust. The petitioners seek to prevent the looming proliferation of 5G-enabled “small cell” antennas and cell towers throughout the Tahoe region until rigorous environmental reviews of the proposed infrastructure have been completed by the Tahoe Regional Planning Agency as mandated by its own rules.

In Conclusion

 

This is by no means a conclusive list of litigation against the cellphone industry and, more importantly, its regulation.  I haven’t mentioned important rulings in India and many local actions in the USA.  The important point of all of this is that if the regulator in various countries refuses to accept any notion of non-thermal effects and damage, the court system is not so blithe in its attitude.  The scientific evidence is beginning to pile up and one leg of the three-tiered system that makes a democracy, the judiciary, is taking note.  Long live the Law!

[1] “Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10”, Vol. 2, pp. 181-182. Washington, D.C.: U.S. Government Printing Office, 1949.

About the Author
Originally from the UK, I made Aliyah 36 years ago. I am an Academic Staff member of the Physics Department of Ariel University, married with 3 children. I have authored of 80 publications in various fields of Physics and Chemistry. One of the subjects I specialize in is the interaction of Human skin and high frequency radio waves. I am also a scientific advisor for the Environmental Health Trust (www.ehtrust.org)
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