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