Newbie legal/detection questions:

I have been lurking here for a long time but haven't posted here
because it's hard for me to post from work. Now I'm on vacation.

Anyhow, I live in the New York metropolitan area and bought a scanner right
after 9/11 because I want to know more about what's going on.

Questions:

- Just how ferocious is the law prohibiting people from sharing what
they've heard over the scanner? In reality, can I tell my spouse about
interesting calls that I've heard? If I were a crime reporter, could I
legally call the police PR people to ask them about an incident I
learned about while monitoring the scanner? (Technically, of course, that
would be a form of sharing information with a third party.)

- I have a Radio Shack PRO-94 scanner. Just in case the authorities ever
do outlaw scanners, does my scanner actually emit some signal while
operating that could alert authorities to the fact that I'm using it?
To people "scanning for scanners," does a scanner appear to be different
from a regular radio or a regular television set?

On Fri, 26 Aug 2005 14:21:35 -0700, Mean 1
wrote:

On Fri, 26 Aug 2005 15:45:22 -0500, Al Bell wrote:

Just how ferocious is the law prohibiting people from sharing what
they've heard over the scanner? In reality, can I tell my spouse about
interesting calls that I've heard?

The prohibition does not affect unencrypted government
communications.
It also prohibits you from financial gain from the information, or
publication of the information.

Al Bell wrote in :

Newbie legal/detection questions:

I have been lurking here for a long time but haven't posted here
because it's hard for me to post from work. Now I'm on vacation.

Anyhow, I live in the New York metropolitan area and bought a scanner
right after 9/11 because I want to know more about what's going on.

Questions:

- Just how ferocious is the law prohibiting people from sharing what
they've heard over the scanner? In reality, can I tell my spouse about
interesting calls that I've heard? If I were a crime reporter, could I
legally call the police PR people to ask them about an incident I
learned about while monitoring the scanner? (Technically, of course,
that would be a form of sharing information with a third party.)

- I have a Radio Shack PRO-94 scanner. Just in case the authorities
ever do outlaw scanners, does my scanner actually emit some signal
while operating that could alert authorities to the fact that I'm
using it? To people "scanning for scanners," does a scanner appear to
be different from a regular radio or a regular television set?


There really is no law on what you do with the info you hear or even
record from a scanner.. The only thing the FCC does not like you to do is
retransmit cordless phone calls. other then that tell anyone you want,
record it all day long..



--
That Other George

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At least here in NYC, all the news agencies, have personel sitting at
their headquarters monitoring the first-responder's frequencies.

If something goes down, they use their two-way radio to their guys in
the field, and dispatch them to the location.

I monitor THEM too... and it's kind of funny to hear them relay the
information back and forth.. and their commentary.

The other thing, most 'stringers' carry their own portable scanners,
and rove about the city late at night, hoping to get a scoop, and good
photos of an incident.

If used repsonsibly, scanners are a TERRIFIC thing for civilians to
have.

At almost every large fire, you'lll see the "buffs" together, with
their scanners on the sidelines.

Community watch groups and civilian security patrols most use them to
help and protect their own communities.

When there's an APB out for a missing child, or car used in commission
of a crime, extra eyes and ears in the field provide a wealth of help
to our already understaffed forces.

Just don't interfere with first-responder's operations, stay low-key,
and don't ever try to be a hero. It's not really worth it.

Information is their best help right now.. so, if you see something,
say something. Call 911.

As far as specifically tracking someone RECEIVING radio frequencies,
I'm not familiar with any piece of equipment capable of doing that.

If such a device existed, I have no idea how it would differentiate
someone's AM/FM stereo, wireless router, baby monitor, coordless
phone,or garage door opener from a scanner. (Yes, I know, some of
them transmit.. and that can be detected.. I mean from the "receiving"
point of view, for example.)

On Sat, 27 Aug 2005 19:39:32 GMT, Hogger wrote:

At least here in NYC, all the news agencies, have personel sitting at
their headquarters monitoring the first-responder's frequencies.

If something goes down, they use their two-way radio to their guys in
the field, and dispatch them to the location.

I monitor THEM too... and it's kind of funny to hear them relay the
information back and forth.. and their commentary.

The other thing, most 'stringers' carry their own portable scanners,
and rove about the city late at night, hoping to get a scoop, and good
photos of an incident.

If used repsonsibly, scanners are a TERRIFIC thing for civilians to
have.

At almost every large fire, you'lll see the "buffs" together, with
their scanners on the sidelines.

Community watch groups and civilian security patrols most use them to
help and protect their own communities.

When there's an APB out for a missing child, or car used in commission
of a crime, extra eyes and ears in the field provide a wealth of help
to our already understaffed forces.

Just don't interfere with first-responder's operations, stay low-key,
and don't ever try to be a hero. It's not really worth it.

Information is their best help right now.. so, if you see something,
say something. Call 911.

As far as specifically tracking someone RECEIVING radio frequencies,
I'm not familiar with any piece of equipment capable of doing that.

If such a device existed, I have no idea how it would differentiate
someone's AM/FM stereo, wireless router, baby monitor, coordless
phone,or garage door opener from a scanner. (Yes, I know, some of
them transmit.. and that can be detected.. I mean from the "receiving"
point of view, for example.)


Frequency of operation. And changes thereto.

Concert stadia use scanners to detect emissions from tape
recorders and eject people found using them.

Some years back, a US satellite outfit found people using
their small dishes in concealed locations and prosecuted them for
theft of sevice if they were not subscribers.

In the UK, where TV owners have to pay a license fee, similar
means are used to detect working sets from out in the street.

Scanners likely put out rapidly-changing emissions as they
scan.

On Fri, 26 Aug 2005 14:21:35 -0700, Mean 1
said in rec.radio.scanner:

On Fri, 26 Aug 2005 15:45:22 -0500, Al Bell wrote:

Just how ferocious is the law prohibiting people from sharing what
they've heard over the scanner? In reality, can I tell my spouse about
interesting calls that I've heard?

The prohibition does not affect unencrypted government
communications.

Sorry, but the Communications Act of 1934, As Amended, prohibits
disclosure of anything heard by radio EXCEPT signals broadcast to the
general public, unless you were a party to the conversation. (That
includes ONLY AM, FM and TV broadcast band stations and amateur
radio.) On-line police scanner streams are illegal, discussing what
you heard with your attorney, while privileged, is illegal, discussing
it with your spouse is illegal, etc. (It says "one", so you can
disclose it to your pets all you like, but not with any human being.)

Is the law vigorously enforced? At the moment I can recall only one
instance of enforcement, and that was disclosure of something heard
being discussed on a cell phone.

Will the authorities prohibit reception of public service frequencies?
Right now federal law specifically permits it.

Can a scanner be detected? Yes, if the person detecting it is
sufficiently educated in electronics, it can be detected in a way that
will stand up in court but, just as almost any electronics engineer
can defeat a radar speeding ticket issued by almost any police officer
(at least on paper - in some courts, having been stopped is
overwhelming evidence of guilt), almost any electronics engineer will
be able to defeat a "scanner" ticket. The evidence is far from
"beyond a reasonable doubt". In fact, it's highly doubtful evidence.

On Fri, 26 Aug 2005 22:09:11 -0500, The Other George
said in rec.radio.scanner:

There really is no law on what you do with the info you hear or even
record from a scanner.

Thank you, TOG. I think the rule of thumb should be "Read TOG's post
and assume that the fact is the exact opposite".

*R*E*A*D* the Communications Act of 1934, As Amended, before someone
ends up in prison because he quoted you as a defense. Pay special
attention to Sec. 2511 1 e 1 of the ECPA. "shall be punished". We
don't legally punish people for doing things that aren't illegal.

On Sat, 27 Aug 2005 19:39:32 GMT, Hogger said in
rec.radio.scanner:

As far as specifically tracking someone RECEIVING radio frequencies,
I'm not familiar with any piece of equipment capable of doing that.

If such a device existed, I have no idea how it would differentiate
someone's AM/FM stereo, wireless router, baby monitor, coordless
phone,or garage door opener from a scanner. (Yes, I know, some of
them transmit.. and that can be detected.. I mean from the "receiving"
point of view, for example.)

By the frequency of the local oscillator, but that's very iffy as
legal evidence.

On Fri, 26 Aug 2005 15:45:22 -0500, Al Bell wrotF:

Newbie legal/detection questions:

I have been lurking here for a long time but haven't posted here
because it's hard for me to post from work. Now I'm on vacation.

Anyhow, I live in the New York metropolitan area and bought a scanner right
after 9/11 because I want to know more about what's going on.

Questions:

- Just how ferocious is the law prohibiting people from sharing what
they've heard over the scanner? In reality, can I tell my spouse about
interesting calls that I've heard? If I were a crime reporter, could I
legally call the police PR people to ask them about an incident I
learned about while monitoring the scanner? (Technically, of course, that
would be a form of sharing information with a third party.)

- I have a Radio Shack PRO-94 scanner. Just in case the authorities ever
do outlaw scanners, does my scanner actually emit some signal while
operating that could alert authorities to the fact that I'm using it?
To people "scanning for scanners," does a scanner appear to be different
from a regular radio or a regular television set?

Most of what you hear on the police, fire, aircraft , marine and
amateur bands is not protected and you can tell the old lady about if.
Cell phones, cordless phones and anything encrypted is another story.

From the ECPA of 1986

(4)Section 2511(2) of title 18, United
States Code, is amended by adding at the
end the following:
"(g)it shall not be unlawful under this
chapter or chapter 121 this title for
Post p. 1860 any person---
"(i)to intercept or access an
electronic communication made through
an electronic communication system
that is configured so that such
electronic communication is readily
accessible to the general public;
"(ii) to intercept any radio
communication which is transmitted--
"(I) by any station for the use
of the general public, or that
relates to ships, aircraft, vehicles,
or persons in distress;
"(II)by any governmental, law
enforcement, civil defense, private
land mobile, or public safety
communications system, including
police and fire, readily accessible
to the general public;
"(III) by a station operating on
an authorized frequency within the
bands allocated to the amateur,
citizens band, or general mobile
radio services; or
"(IV) by any marine or
aeronautical communications system;
"(iii) to engage in any conduct
which--
"(I) is prohibited by section 633
47 USC 553. of the Communications Act of 1934;or
"(II) is excepted from the
application of section 705(a) of the
47 USC 605. Communications Act of 1934 by section
705(b) of that Act;
"(iv) to intercept any wire or
electronic communication the
transmission of which is causing
harmful interference to any lawfully
operating station or consumer
electronic equipment, to the extent
necessary to identify the source of
such interference; or
"(v) for other users of the same
frequency to intercept any radio
communication made through a system that
utilizes frequencies monitored by
individuals engaged in the provision or
the use of such system,, if such
communication is not scrambled or
encrypted

"Al Klein" wrote in message
...
On Sat, 27 Aug 2005 19:39:32 GMT, Hogger said in
rec.radio.scanner:

As far as specifically tracking someone RECEIVING radio frequencies,
I'm not familiar with any piece of equipment capable of doing that.

If such a device existed, I have no idea how it would differentiate
someone's AM/FM stereo, wireless router, baby monitor, coordless
phone,or garage door opener from a scanner. (Yes, I know, some of
them transmit.. and that can be detected.. I mean from the "receiving"
point of view, for example.)

By the frequency of the local oscillator, but that's very iffy as
legal evidence.

Well, it doesn't seem too iffy in Virginia and D.C. They use devices (VG2
detectors) that pick up local oscillator frequencies in radar detectors, and
have no problem using it for legal evidence...