On Dec 23, 8:03�pm, radioguy wrote:
okay. After posting, I just tiik a look at the federal ecpa law again.
And IF the hams are correct that federal law ALWAYS supercedes anf
trumps local and state laws, then it is legal for cbers and other non-
hams to have scanners in their vehicles no matter what state and local
laws say.

The ECPA clearly says it shall not be unlawful to listen to police
transmissions (as long as they're unencrypred).

And it does not mention any places where you're not allowed to listen
to them.

In other words, it shall not be unlawful period to listen to police
transmissions.

Anywhere within the U.S.

Unless of course the hams are wrong and state and local laws supercede
and trump federal law.

Which is it?

state and local laws superceding and trumping federal law so non-hams
listening to police transmissions in their vehicles is a crime.

or federal law superceding and trumping state and local laws so non-
hams listening to police transmissions in their vehicles is not a
crime.

copy of part of the text of the FEDERAL ecpa law:

"(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;"

There you have it, folks. It shall NOT be unlawful to intercept any
radio communication which is transmitted by any governmental,LAW
ENFORCEMENT,civil defense,private land mobile, or public
communications system INCLUDING POLICE and fire, readily accessible to
the general public (meaning not encrypted. If you can hear them on a
regular analog scanner, they are definitely unencrypted.)

That is federal law.

"(III) by a station operating on
an authorized frequency within the
bands allocated to the amateur,
citizens band, or general mobile
radio services; or

Interesting because even after the ecpa passed, certain hams around my
area told me that it is against the law to listen to ham radio at all
on any radio reciever unless you have a ham radio license.

"(IV) by any marine or
aeronautical communications system;

I've listened to the airband. Boring.


The problem with your logic chain starts with the assumption that
federal law supercedes state laws. In some types of statues dealing
with universal rights (freedom to vote, anti-segregation and other
types of statues relating to civil rights) it does. When it comes to
general regulations, deference is given to state and localities.
Conservatives have long trumpeted this division of deference to be the
linchpin of shared federalism between the national gov't and states.

Study constitutional law, it matters!

Mike
Louisville, KY