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On Thu, 28 Apr 2005 05:19:51 -0700, Frank Gilliland
wrote: On Thu, 28 Apr 2005 07:24:02 -0400, Dave Hall wrote in : the commission usually sends a warning to an alleged violator prior to issuing an NAL. If the warning is ignored then the subsequent NAL is prosecuted as a violation that was done both willingly and -intentionally-. Ok, you win that one. That is usually the case. The facts are that there ARE illegal intruders on 10 meters. The how's and why's are irrelevant. Intent is -very- relevant because some of those dopes don't know that they are operating illegally. (and there are those who think we should open up the whole spectrum to dopes like that. A perfect example of why there are licenses and rules) Ignorance of the law is no excuse. At least it didn't used to be. With all the liberals running around looking to paint every lawbreaker as a victim, I guess ignorance might be a legitimate excuse now. I see it a little differently: When we the people are subject to mountains of laws that can be fully understood only by an army of lawyers, ignorance can be a very reasonable excuse in many cases. It's simply impractical (and nearly impossible) for the average citizen to know and understand all the laws that apply to every circumstance. I agree, the law was never intended to be so complicated that only a legal expert can comprehend all the nuances of it. I tend to believe that lawyers do this deliberately to justify and continue their existence. Even worse is when a seemingly cut and dry law get's "what-if'd" to death in a courtroom battle of hypotheticals which may never occur. This is why you are required to sign dozens of forms for what should be a simple transaction in many cases. And many of those that -do- know they are illegal are not aware of the severity of the consequences if they get caught. Since you saw fit to bring violent crimes into the picture in the beginning, I'll refer back to them when I make the point that someone claiming that he didn't know the gun was loaded, would hardly be absolved of the crime of killing someone based on that excuse alone. It has happened. Sure it has happened. When someone desperately wants to escape for responsibility, they (and by proxy, their lawyer) will do and try anything to get them off. The absurdity of such defense tactics, just makes me shake my head. But even when it didn't, the lack of intent has certainly been a factor in determining the punishment. Well sure, killing someone completely by accident is a far different thing than deliberately murdering someone. But what I was talking about, but probably didn't use the best example in doing so, is that you can't kill someone in cold blood and then claim that you didn't know it was wrong or illegal, and expect much leniency. The same thing applies to radio operation to some degree. The claim that you didn't know you were running on an illegal frequency may not hold much water, since the FCC requires that you read and understand the rules before operating, and by the act of your operation, they assume that you know the rules. It's sort of the same language they use for software licenses. "By installing this product, you agree to the terms of the license" etc. I hate to bring this up, since I can't "prove it", but I once read an account in a CB magazine (It may have been S9's Washington Outlook), back in the day, which covered FCC busts of illegal CB'ers. This one bust involved a group of SSB'ers who had formed a club on a freeband channel. One of the guys who was busted made a claim that he didn't know he was operating illegally, since the radio he was using had been purchased by another person, who had (unbeknownst to him allegedly) swapped a standard channel crystal (it was a 23 channel rig) for one which would produce an illegal channel. The operator further claimed that he assumed he was operating on channel 23 (or whatever it actually was, I don't remember), as that is what his channel selector showed. The FCC didn't buy his story, based on other evidence that indicated that he was all too aware of what was going on. Hence the FCC's pre-NAL warning letter to notify them that such operation is illegal and subject to heavy penalties, giving them the opportunity to rectify their ignorance before they get popped for several thousand dollars. Do you get a warning when you get pulled over for speeding? Sometimes you do, sometimes not. Do you get a warning when you rob a bank? Rape someone? Assault? Do you get a chance to claim ignorance and promise that you won't do it again? There is a defense known as 'justifiable homocide'. I understand that it's rarely used, but it has been a successful defense in some cases. Yes, there is a "justifiable homicide" defense. Usually this works best in abusive domestic situations, where severe emotional and physical abuse leads to violence as the only solution. By definition, self defense is also considered a justifiable homicide. But justifiable homicide is not the same thing as claiming ignorance of the existence of homicide law. It's true that the FCC usually sends out warning notices first, but they don't have to. That's called discretion (the better part of valor). Actually, they do need to send out those notices in almost all cases. The reason behind it is the FCC's pseudo-constitutional system of law enforcement and the need to establish "willful and malicious" conduct of the violator. This bypasses the criminal court system, forwards the forfeiture order directly to the DOJ for collection, and pre-empts evasion of payment if the violator files for bankruptcy -- an NAL is a debt that cannot be discharged under any chapter of bankruptcy law. If the debt -was- dischargeable then the FCC would be forced to file an adversarial complaint and subsequently defend their law enforcement practices in Federal court, which is something they have no intention of doing because they would lose. This is interesting. The FCC has in the past taken certain violators to criminal court. In the vast majority of cases though, you are correct. There would seem to be some threshold which determines their course of action. What I am especially curious about is your assertion that if the FCC took a clear violator to federal court that they would lose. Why do you feel that way? I would presume that once the FCC decided to act upon a violator that they would have enough evidence to prove their case. Dave "Sandbagger" |
From: (Dave=A0Hall)
On Wed, 27 Apr 2005 09:25:36 -0400, (I AmnotGeorgeBush) wrote: I think you should stay away from those magic mushrooms..... Dave "Sandbagger" n3cvj You can deny it to your little black heart's content, but the fact remains many cbers get licenses (especialy the no-codes) only to return to the cb and freeband. I won't try to argue that point as I agree that some people conceivably do "return" (or never left in the first place) to the CB and freeband. I'm still somewhat active on both to this day. So, you began breaking the law again by returning to the freeband after you told the group you no longer do so because you "grew up" and are setting responsible behavior patterns for your daughter by folllowing the law. - Some of those who obtained licenses can never go back because their voices are too easily recognized and their hammie "friends" will report their ass for freebanding. I'm not so sure that this is as prevalent as you claim. =A0 That's cool...but entertain, for a moment, if you would, the notion you are subscribing. If you do not believe me, then you mistakenly believe the FCC is actively patrolling the air for violators. This info can be found simply by extolling a little leg work.....but I'm telling you, the FCC does NOT actively patrol the air seeking violations by hammies or cbers. _ =A0They end up being ****ed off (then issed upon) hammies. You discount the possibility that while exposed to ham radio, that many people find respect for the rules, and have a change of attitude. I didn't discount it at all, as I know what you say to be true, but what I say is just as true. Members belong to both camps. _ The anger toward such freebanders can be seen in your own posts. Despite your many claims, I harbor no "anger". Stating facts that doesn't sit well with you, is not the same thing as "anger". Stating facts has you chasing your tail with semantics. You call people criminals with nothing more than your mistaken ignorance that "saying it on usenet is the same as a guilty plea in a court of law". Although you have been given the correct information regarding the judicial system, you continue to mistakenly believe you may publicly refer to one as a criminal even if they were not convicted in a court of law. THIS, is fact. _ Several years ago you were making posts chastising hammies as being too uptight and uppity and technical who look down on cbers. Because in many cases, it's true. Not "in many cases"..you stated "For the most part" in your post when you referred to the hammies... using the same sterotyping you just hypocritically took another to task for employing. . There are hams who are stuffy and uptight. But they are legal. The converse is also true. Many outlaw CB'ers feel that they have a right to do just what (and where) they please without due regard for the rights of anyone else. Same is true with many hammies, yet for some reason, you do not voice your concern for those you hold in higher regards, higher esteem,,,you know,,those who are supposed to lead by example. In other words, you **** all over the hammie creed. RFI, direct interference, and public nuisance issues do not seem to affect them. "Them" is not limited exclusively to cb users. =A0=A0Either behavior is reprehensible, and I've defended each respective group when on the receiving end of such stereotypical prejudice. Yet, you continue to employ it yourself. Lately it's the hams who are unfairly on the receiving end of this prejudice. Why is it unfair to illustrate the same behavior committed by hammies that you complain about when committed by cbers? _ During your admitted freebanding and illegal operating years, not once will you find a post by yourself calling others names or expressing nosey concern for other people's business that does not affect you. I still don't. I'm not the one trying desperately to find out personal information (often incorrectly like the name of my wife) about other people. Yes, you were. In fact, you initiated the personal info game with me and everyone knows it. You were told long ago to stay out of the personal, off-topic arena. Once you violate this, you have nothing to say when your initiated behavior is returned. Also worthy of note is the time you spend reviewing my 10 year span of messages to this newsgroup. One might consider that as bordering on obsession. One might, but I have a photographic memory. There,, now there's another little tidbit of information for you to wallow in. I remember just about everything, and in most cases you refer, I merely have to type in the pertinent key words of your past posts and voila!....no time at all spent other than three clicks right to the passage needed to illustrate your incorrectness, hypocrisy, and double-talk, and lies. _ However, after having your clock cleaned in reec.radio.cb by cbers for your oft extended hypocrisy, reec (reek?) a freudian slip? Which speaks volumes of how you think. You are not qualified to make that determination. Yet, based on your unsolicited self-qualifications regarding psychology, you somehow present yourself as qualified to determine whether others are qualified for anything. _ That you attribute such behavior (name calling, attacking those who merely dx or freeband) to "growing up", illustrates the fact you were an incredible late bloomer and extremely slow learner who hasn't fully matured yet, as your behavior continued well in to your thirties. Well, then if I'm still "growing up", then you have yet to start because you are still engaged in that illegal behavior. As are you, according to your statement above at the beginning of this post. If you consider bringing reality into focus in the same manner as a simple unfounded ad-hominem attack, then I can see your issue. Reality is you are not permitted to refer one a criinal based on nothing more than your ignorance regarding the laws of the land, yet, this somehow presents a great inner difficult struggle for you, regarding the comprehension of such a simple concept that is solidified by law. In fact, you still are illegal and have no right to say anything to anyone, I assume you have some proof of this? Yea I know, you have tons of proof, but you're not about to post it. No Dave, that isn't the standard reply, but I'll remind you since you strugge with memory impairment. You initiated unsolicited claims,,many of them. When challenged for proof, you declined for personal reasons. You are still free to provide proof for any of your unasnwered claims, and then, as proper decorum and communicative technique dictates, will have your inquiries answered with proof in turn. You continue to struggle with such simple techniques of proper communication, but it does illustrate perfectly what i have always maintained,,,that some of those licensed for communications, know the lease about it. _ =A0=A0as for starters, the address you provided the FCC is not your primary residence and the fact that you fail to correct this matter with the FCC even after being informed you are illegal, leaves you no credibility with anything you may say regarding other's actions. You really, REALLY need to go back to whatever source of information gathering you use and either fire them, demand your money back, or something. Because, quite frankly, you are embarrassing yourself every time you make these erroneous claims. My listed address in the FCC database is exactly my primary (only) residence. I am doing nothing illegal. So the real question is, Who do you think I really am (today)? What do you think is my "real" address? Not concerned with your personal world, Dave,,that;s reserved for you to cause yourself great pains concerning others. The only thing I can figure is that the commonality of my name (Next after Smith and Jones), has you so confused, that you believe I'm someone different than who I actually am (There are 3 Dave Hall's in my company's phone directory, talk about confusion). Agreed. Perhaps you can explain how you mistakenly feel your unsolicited but invoked claim regarding a company directory relates to anything, but then again, keeping with your continued behavior that when you are not aware of something, it must not exist, speaks volumes. The fact that my phone number is unlisted removes me from many people searches. You go on thinking that. That also explains why you keep insisting that my wife's name is "Kimberly T. Hall", and that she's a "teacher". She may not teach now, but she tried to at elast once. In conclusion, you continue to trust unreliable sources which provide you erroneous information and then accuse others of things .which are incorrect. It is not my credibility that is in question here, it's yours. But wait? Wasn't it you who just accused ME of trying to obtain people's personal information? It was also myself that instructed you years ago that off-topic personal information is not relevant to these pages, and were instructed that you should practice the golden rule, in other words, do not do to others that you do not want done to yourself, but you continued with off-topic personal information. When it is returned to its place of origination, you cry foul. And you call me hypocritical. Sheesh....... Nothing hypocitiical at all about giving you back your initiated behavior. In fact, you were warned on many occasion that this is what your initiated behavior would degrade to. Again, if the information is incorrect, ignore it and toss it out the window...but for some obvious reasons, you chose to bitch about it. Dave "Sandbagger" n3cvj |
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Open your eyes, if you haven't noticed MANY don't seem to have any respect
for the law--pay attention. If it isn't the same in your city I am happy for you--but here it is just getting damn dangerous!!! The downright silly decisions the judges are making is ONE MAJOR cause, the youngsters are laughing behind judges backs... Would you even begin to attempt to convince me that you get anything more than the justice you can afford? Those lawyers are not going to be bothered with freebanders/CB'ers--they simply don't have the type of money the lawyers need to fill their pockets.... Get real... Regards, John |
Those hams are just about to get one BIG surprise...
Those export radios are ending up in Mexico, with BIG Liinears! I hope all those hams can speak Spanish. And, furthere south, the South American skip should just get better and better! grin Regards, John |
You waste your time, attempting to show logic to Dave, he is obivously a ham
or "ham groupie." He is just here to stop any progressive changes--write your congressmen!!! Anyway, whether he does what he does or not--the winds of change begin to blow.... Regards, John |
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