Editorials
Saturday, March 24, 2001

Canada may
limit cellular
phone use

The issue: Canada is considering
a law that would permit restaurants,
theaters, hospitals and others
to ban cellular phones.

AS CELL PHONES become more pervasive -- and more intrusive -- limiting their use is an intriguing idea that the Hawaii state Legislature might want to examine later. It is also enormously complicated because it would bring the right to privacy into direct confrontation with the right to free speech. In addition, there would be practical aspects to scrutinize.

In a movie theater, Joe Watanabe should enjoy the right to see the film without being disturbed by Sally Wong's cell phone ringing three seats away. Sally Wong, however, has the right to talk with anyone at any time within the accepted bounds of the First Amendment; she can't jump up and yell "fire" to cause a dangerous rush to the exits but less than that, she would be within her rights. Meantime, two rows back, Mr. and Mrs. John Smith have their cell phone with them because they have left a six-month-old baby at home in the care of a baby sitter and would want to know immediately if the child becomes sick.

The issue has arisen in Canada, according to The New York Times, because companies that make radio jammers would like the government to ease current restrictions on their use. As might be expected, the jammer companies are opposed by the makers of cell phones. "We don't like it and we are concerned that it has negative public safety considerations," said Peter Barnes, president of the Canadian Wireless Telecommunications Association.

The issue has surfaced in Hawaii because cell phones are everywhere and often intrude into quiet meals, entertainment, rides on public transport, meetings of all sorts, seminars in schools, even at the beach were people seek a few hours in the sun away from it all.

Many cell phone users are considerate and take a call off somewhere where they can't be overheard. But not all do and listeners are forced to listen to half a conversation in which they have no interest or one they just don't want to hear. That's what brings up calls for legal action or for the government to "do something."

In Canada, the government will hold open a 90-day period for anyone in the public to comment on the change under consideration. After that, the legislation may move forward; the Legislature in Hawaii should keep watch.

An added thought: The current Legislature has before it several bills that would prohibit the driver of a car or truck from using a cell phone if that required him or her to take his hands off the steering wheel. Those proposals don't seem to be going anywhere, which is a pity. The sight not long ago of an automobile driver zipping up H-1 at 60 mph with one hand holding the cell phone and the other punching the numbers was a bit unnerving.

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Don Kendall, President

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