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Old March 26th 05, 01:22 AM
 
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No it doesn't. Try walking around with a pistol in open view, while not
having a carry permit. The Constitution does not allow me to yell fire in a
theater (The classic argument). There is no 1st Amendment issue here.
Before there were scanners or tunable receivers in the police bands;
newspapers, radio and TV reporters made beat calls. They called the desk
Sergeant in each precinct and asked what's up? Or they camped out at the
precinct. They'll just have to go back to that method.

Here is an excerpt from the ECPA
(e) (i) intentionally discloses, or endeavors to disclose, to any other
person the contents of any wire, oral, or electronic communication,
intercepted by means authorized by sections 2511(2)(A)(ii), 2511(b)-(c),
2511(e), 2516, and 2518 of this subchapter, (ii) knowing or having reason to
know that the information was obtained through the interception of such a
communication in connection with a criminal investigation, (iii) having
obtained or received the information in connection with a criminal
investigation, and (iv) with intent to improperly obstruct, impede, or
interfere with a duly authorized criminal investigation, shall be punished
as provided in subsection (4) or shall be subject to suit as provided in
subsection (5).

Yeah, yeah. You'll argue that they are not interfering with an
investigation. That distinction is open to the officers at the scene. TV
cameras can incite riotous behavior.

Another excerpt
"(16) 'readily accessible to the
general public' means, with respect
to a radio communication, that such
communication is not---
"(A)scrambled or encrypted;
"(B)transmitted using modulation techniques whose essential parameters
have been withheld from the public with the intention of preserving the
privacy of such communication;....."

APCO P-25, DES, 3DES and other scrmabling techniques are not "readily"
available to the public; as conventional AM, FM or TV. Only to those that
seek them out or reverse engineer them. Reverse engineering is another
illegal activity.
The TV station might win or they might not. Remember what happened to the
couple that taped Newt Gingrich's cell phone call and then disclosed it?
Arrested, tried, fined.
SO take you purple finger and keep switching it from your a** to your mouth.
You'll figure it out.