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Old January 28th 05, 02:07 AM
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Default Frank Twistedhed Gilliand advocates law breaking


"itoldyouiamnotiamnotgeorge"
wrote in message ...
itoldyouiamnotiamnotgeorge
wrote in :

Frank Twistedhed Gilliand advocates law breaking when he wrote:

"If you have a scanner, spend a few days listening in on some of your
neighbors' telephone conversations. You might be suprised.





http://www.usdoj.gov/criminal/cyberc...p2510_2522.htm

Is it legal to intercept or record other people's cordless or cellular
phone calls?


Federal law prohibits the intentional eavesdropping of cordless and
cellular telephone conversations. (18 USC 2510) Another federal law, the
"Counterfeit Access Device Law," has recently been amended to make it
illegal to use a radio scanner "knowingly and with the intent to
defraud" to eavesdrop on wire or electronic communication. (18 USC 1029)
Penalties for the intentional interception of cordless and cellular
telephone range from fines to imprisonment depending on the
circumstances. (18 USC 2511, 2701)




You forgot this little part:
(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;

(C) carried on a subcarrier or other signal subsidiary to a radio
transmission;

(D) transmitted over a communication system provided by a common carrier,
unless the communication is a tone only paging system communication; or

(E) transmitted on frequencies allocated under part 25, subpart D, E, or F
of part 74, or part 94 of the Rules of the Federal Communications
Commission, unless, in the case of a communication transmitted on a
frequency allocated under part 74 that is not exclusively allocated to
broadcast auxiliary services, the communication is a two-way voice
communication by radio;



Cell phones are protected. Part 15 common cordless phones are not.



 
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