Did this Amateur Violate US Neutrality Act?
wrote in message
...
Stefan Wolfe wrote:
wrote in message
...
Stefan Wolfe wrote:
wrote in message
...
Stefan Wolfe wrote:
"KC4UAI" wrote in message
ups.com...
On Feb 5, 9:53 pm, "Stefan Wolfe" wrote:
"KC4UAI" wrote in message
ups.com...
On Feb 2, 9:20 pm, "Stefan Wolfe" wrote:
And is it legal for a licensed amateur to violate rules of a
sovereign
country (no matter how well-intentioned?
Um...
Until this guy gets convicted of a crime in the US, the FCC
won't
have
much to say...
So, are you saying he violated US law? If not then what's the
point?
The US Government tends to frown on US citizens providing
material
support
snip
Then, get the guy convicted of a crime and *then* complain to the
FCC
about his license... The FCC is not in the business of enforcing
all
the laws of the US, just the ones they wrote.
If it involves illegal transmission by a US citizen or resident of
electromagnetic waves anywhere, between 3000Hz and light waves, it
is
within
the FCC's scope to take action.
If the action violates US law and occured on US soil, the FCC can
take
action.
If not, the foreign government can prosecute if the offender is on
their
soil, or if not and there is a treaty, ask the US for extradition of
the
offender, none of which would involve the FCC.
The FCC has no jurisdiction over anything that happens on foreign
soil.
The FCC could take action after the person was convicted by a
foreign
government under the various character clauses.
On more than one occasion, shortwave pirate broadcasters have taken
their
radio equipment onto to a ship, sailed out to international waters and
transmitted. In every case, when the ship returned to USA waters, the
FCC
seized their equipment and prosecuted the pirate broadcasters.
The offenses did not occur on USA territory.
The FCC acted in accordance with treaties signed by the USA and other
ITU
members.
QED.
Not hardly.
What was the registry of the ships?
If US, US law applies, if not it depends on existing treaties.
Plus there is a big difference between international waters and being
inside the borders of a foreign nation.
The FCC isn't the world police over anything.
Ship's registry doesn't matter but I doubt that any of them were US flag
vessels.
As I said, QED.
Not at all.
Bank robbery is under the jurisdiction of the FBI in the US.
If a US citizen commits bank robbery in twobitestan and returns to the
US, the FBI will only get involved upon the request of the twobitestan
government if there are appropriate treaties and action is initiated
by the twobitestan government.
And ship's registry matters a lot while in international waters.
US law is not preeminent over any other government's laws on foreign
soil.
If it were, we wouldn't have US citizens punished under foreign law on
foreign soil for acts that are legal under US law.
OK, so I can sail out of New York harbor in a Panamanian flagged vessel and
sail past the 250 mile limit and transmit whatever I want, say at 500,000W,
as a pirate with no call sign, without fear of retribution from the FCC when
I return to New York harbor, under the auspices that FCC has no authority
over my transmissions in international waters, even though I am in complete
violation of USA ITU treaty agreements? If this were actually legal, do you
realize how many stations would be doing exactly that?
|