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Old September 8th 03, 12:02 PM
Dave Hall
 
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Randy wrote:


So is monitoring private phone conversations.

Using a


scanner isn't.


Using a scanner to listen to phones on the old 46/49 analog band is not
illegal. You are confusing it with cell reception, which is illegal.



Right. And the only reason that listening to cellular has been
reclassified as illegal, came as a result of powerful lobbies by the
cellular companies. At the time of the ECPA, digital technology was not
quite "there" yet, and the cell companies die not have a technological
means to prevent people from listening. So they lobbied the FCC, to
remove the cell "chunk" from the 800 - 900 Mhz bands included with most
scanners. Since this frequency range was no longer considered a "common"
radio band, it could therefore be argued that listening to it, could be
viewed as deliberate eavesdropping.

But as far as anything else, if you can receive it, you can listen to
it. The only stipulation (And the only way that the law can prove you
actually did it, other than catching you in the act) is that you can't
devulge any specific information that you heard, or use it to your
advantage.

Dave
"Sandbagger"