Micro wrote:

Hey,

The legallity of the scanner has now been questioned and by people who
are apparently going to turn me into the Canadian FCC.

I got 2 emails today:

(1)
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Your wrong in Canda its very ILLEGAL to do the following

1. Illegal to disclose information heard to third party
2. Illegal to make use of or divulge radio-based telephone
communication
3. Illegal to "intercept and make use of, or intercept and divulge,
any radiocommunication, except as permitted by the originator of the
communication or the person intended by the originator of the
communication to receive it" except for publicly accessible
broadcasting services

So I would advise you to change your scanner site soon before

I have to turn you in to the Canadian FCC

Scanner guy
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And (2):
---------------------------------
Just to let you know..

The Radiocommuniations Act (R.S. 1985) specifically prohibits
"divulgence to a third party' of intercepted radio transmissions. This
would most certainly qualify.

I'm your research I'm surprised that you haven't come across this.
Read section 9 of the Radiocommunications Act for details. (
http://laws.justice.gc.ca/en/R-2/ )

----

SECTION 9 - RADIOCOMMUICATIONS ACT (1985)
(1.1) Except as prescribed, no person shall make use of or divulge a
radio-based telephone communication

(a) if the originator of the communication or the person intended by
the originator of the communication to receive it was in Canada when
the communication was made; and
(b) unless the originator, or the person intended by the originator to
receive the communication consents to the use or divulgence.

(2) Except as prescribed, no person shall intercept and make use of,
or intercept and divulge, any radiocommunication, except as permitted
by the originator of the communication or the person intended by the
originator of the communication to receive it.

9.1 Every person who contravenes subsection 9(1.1) or (2) is guilty of
an offence punishable on summary conviction and liable
(a) in the case of an individual, to a fine not exceeding twenty-five
thousand dollars or to imprisonment for a term not exceeding one year,
or to both; and
(b) in the case of a person other than an individual, to a fine not
exceeding seventy-five thousand dollars.
-------------------------------------

I was under the impression that it was legal in Canada. Can any of you
give me any evidence to suggest it is?

On the site for the scanner, I even had some recorded conversations -
which would probably be divulging the information.

Can anyone help me out here? I'd like to run the scanner publicly, but
I don't want to get arrested and I don't exactly have the 25K req'd
for the fine. Is there anything I could change about the site that
would make it legal? Maybe removing the recorded conversations would
be a good start.

- Jon


It's not the 25K under the RADIOCOMMUICATIONS ACT, It's the 5K per
person intercepted under the Criminal Code that hurts.

Dave