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Old September 21st 10, 08:47 PM posted to rec.radio.cb,rec.radio.scanner
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First recorded activity by RadioBanter: Nov 2008
Posts: 159
Default ecpa

So is he violating the law? After all, a ham license grants one thing, and one thing only - the right to transmit on frequencies allocated to the amateur radio service. Nothing else. It doesn't grant a right to listen on non-ham frequencies, but here in America, that right is presumed for everyone, not just hams! (With the exception of cellular) So this non-ham with the amateur transceiver under his dash, a rig that receives police frequencies.. Where does he stand? And if HE has no right to listen to police, then a ham license doesn't grant that right, since it authorizes only transmission in ham bands, but does not address reception. If that fella has the right to listen to police frequencies, then the scanner law is invalid for everyone, not just hams, and should not be on the books anywhere.



The federal ECPA law which states it shall not be unlawful to monitor
police transmissions.

Federal law supercedes any local or state law.

Federal pre-emption.


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Old October 5th 10, 12:15 AM posted to rec.radio.cb,rec.radio.scanner
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First recorded activity by RadioBanter: Oct 2010
Posts: 6
Default ecpa

Although Federal law says it is ok to listen to police transmissions - many
states have laws about scanners mounted inside vehicles. This is to prevent
a criminal from using a scanner in the commission of a crime - good idea.

And those states - just about every one of them, exempts licensed hams from
those laws. The main reason is that many mobile ham radios are, by design,
able to receive those frequenices. My thinking is that if the licensed ham
were to use that knowledge in the commission of a crime, then his radios
would also be considered burglary tools and he would have them confiscated
just like any other scanner.

Hams also do so much public service and EMCOM, that the states realize that
in some cases they may need to listen to public service frequenices in their
vehicles.

And yes, this scanner law does exist and the fact that licensed hams are
exempt does not invalidate the law for everyone else.

The interpretation as to what "mounted in a vehicle" means, is best
determined by individual state statutes. In Florida, for instance, mounted
means operating from the vehicle's battery power and an outside antenna
attached. Handhelds are legal. Or that was the way it was the last I knew.

Steve
"radioguy" wrote in message
...
So is he violating the law? After all, a ham license grants one thing,
and one thing only - the right to transmit on frequencies allocated to
the amateur radio service. Nothing else. It doesn't grant a right to
listen on non-ham frequencies, but here in America, that right is
presumed for everyone, not just hams! (With the exception of cellular) So
this non-ham with the amateur transceiver under his dash, a rig that
receives police frequencies. Where does he stand? And if HE has no right
to listen to police, then a ham license doesn't grant that right, since
it authorizes only transmission in ham bands, but does not address
reception. If that fella has the right to listen to police frequencies,
then the scanner law is invalid for everyone, not just hams, and should
not be on the books anywhere.




The federal ECPA law which states it shall not be unlawful to monitor
police transmissions.

Federal law supercedes any local or state law.

Federal pre-emption.



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