Re: A miner from Eindhoven - Government employee came for control
As you work in Tech, you probably know that there are a broad range of electronic devices that can cause electromagnetic disturbance. There are various EU-laws that have been implemented in the Netherlands that relate to such disturbances. Mostly they relate to the products that emit such disturbance, but they can also pertain to the person or entity that causes it. Which in this case is you. You can take a look at the EU-laws here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0108:en:NOT
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0005:en:NOT
The Dutch Telecommunications Act (in which aforementioned Directives are implemented) has assigned 'Agentschap Telecom' with the enforcement of the rules pertaining to disturbances in radio/electromagnetic waves. The Telecommunications Act sets rules for the use of the frequency space (ether). It mainly concerns frequencies for (mobile) communications, radio and television broadcasting, communications and air navigation, emergency services, defense, radar, satellite, radio amateurs, radio astronomy and radio links. For aforementioned use, a permit is usually required. In some cases it could also pertain to home equipment (and obviously no permit is requireD) such as mobile phones, wireless (home) networks and home phones, baby monitors, medical implants, remote controls and alarm systems. However, the use of frequencies without a permit is also bound by rules.
Some intentional disturbances in radiofrequency waves (like the use of jammers) are enforced by the Agentschap on the basis of criminal law, and can be sanctioned with imprisonment. If the Agency determines that you have equipment which is contrary to the rules set out in the above guidelines, the Agency can seize your equipment. In most cases however enforcement is on the basis of administrative law (Algemene wet bestuursrecht) and violations of the law are sanctioned with a fine. Usually this Agency involves itself with the tracking and fining of so called 'radio pirates'. They might mistakenly suspect you of being a radio pirate, because of the disturbance you are causing. If they suspected you were growing weed, they wouldn't have sent the Agentschap Telecom, but you would have had actual police at your door.
It is indeed possible that your miners are interfering with radio signals. As a general rule, on the basis of Dutch adminstrative law you have an obligation to cooperate with authorities such as this. This means, that if they suspect you of an administrative violation, you are obligated to give them accurate information regarding the equipment you use. You don't have to cooperate in case they suspect you of a criminal violation, if the latter is the case you will know because they will point out your right to remain silent.
However, in any case you are not obligated to VOLUNTARILY give the authority access to your garage if it is part of your private home (if it is just a a seperate garage (box) they are allowed to enter). Keep in mind however, that even if you refuse access, the person in question can obtain a 'machtiging' from the Agentschap to enter your premises regardless. In which case it wouldn't matter
I haven't looked at the specifics of this situation but possible scenario's (out of the back of my head, keep in mind this is purely speculative without me having a further look into the merits):
1 ) You give the inspector access to your premises. Nothing is wrong and you can keep conducting business as usual.
2 ) You give the inspector access to your premises. Your equipment is causing unjustified disturbance and is seized and/or you will be fined and/or you will be fined if you do not voluntarily stop causing the disturbance (or limit it).
3 ) You give the inspector access to your premises. Your equipment is causing disturbance, but this disturbance is not so high or unreasonable to justify seizing your equipment. It is likely you will be kindly requested to limit your disturbance in order not to cause your neighbours any problems.
4 ) You explicitely refuse the inspector access to your private property. Inspector leaves and you never hear of him again
.
5 ) You explicitely refuse the inspector access to your private property. Inspector tries to talk you into giving him access anyway, explaining to you he could get permission to enforce access to your property regardless. In which case the inspector has to give you prior notice of his intentions before actually enforcing access.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0108:en:NOT
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0005:en:NOT
The Dutch Telecommunications Act (in which aforementioned Directives are implemented) has assigned 'Agentschap Telecom' with the enforcement of the rules pertaining to disturbances in radio/electromagnetic waves. The Telecommunications Act sets rules for the use of the frequency space (ether). It mainly concerns frequencies for (mobile) communications, radio and television broadcasting, communications and air navigation, emergency services, defense, radar, satellite, radio amateurs, radio astronomy and radio links. For aforementioned use, a permit is usually required. In some cases it could also pertain to home equipment (and obviously no permit is requireD) such as mobile phones, wireless (home) networks and home phones, baby monitors, medical implants, remote controls and alarm systems. However, the use of frequencies without a permit is also bound by rules.
Some intentional disturbances in radiofrequency waves (like the use of jammers) are enforced by the Agentschap on the basis of criminal law, and can be sanctioned with imprisonment. If the Agency determines that you have equipment which is contrary to the rules set out in the above guidelines, the Agency can seize your equipment. In most cases however enforcement is on the basis of administrative law (Algemene wet bestuursrecht) and violations of the law are sanctioned with a fine. Usually this Agency involves itself with the tracking and fining of so called 'radio pirates'. They might mistakenly suspect you of being a radio pirate, because of the disturbance you are causing. If they suspected you were growing weed, they wouldn't have sent the Agentschap Telecom, but you would have had actual police at your door.
It is indeed possible that your miners are interfering with radio signals. As a general rule, on the basis of Dutch adminstrative law you have an obligation to cooperate with authorities such as this. This means, that if they suspect you of an administrative violation, you are obligated to give them accurate information regarding the equipment you use. You don't have to cooperate in case they suspect you of a criminal violation, if the latter is the case you will know because they will point out your right to remain silent.
However, in any case you are not obligated to VOLUNTARILY give the authority access to your garage if it is part of your private home (if it is just a a seperate garage (box) they are allowed to enter). Keep in mind however, that even if you refuse access, the person in question can obtain a 'machtiging' from the Agentschap to enter your premises regardless. In which case it wouldn't matter
I haven't looked at the specifics of this situation but possible scenario's (out of the back of my head, keep in mind this is purely speculative without me having a further look into the merits):
1 ) You give the inspector access to your premises. Nothing is wrong and you can keep conducting business as usual.
2 ) You give the inspector access to your premises. Your equipment is causing unjustified disturbance and is seized and/or you will be fined and/or you will be fined if you do not voluntarily stop causing the disturbance (or limit it).
3 ) You give the inspector access to your premises. Your equipment is causing disturbance, but this disturbance is not so high or unreasonable to justify seizing your equipment. It is likely you will be kindly requested to limit your disturbance in order not to cause your neighbours any problems.
4 ) You explicitely refuse the inspector access to your private property. Inspector leaves and you never hear of him again
.5 ) You explicitely refuse the inspector access to your private property. Inspector tries to talk you into giving him access anyway, explaining to you he could get permission to enforce access to your property regardless. In which case the inspector has to give you prior notice of his intentions before actually enforcing access.