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On Fri, 26 Aug 2005 15:45:22 -0500, Al Bell wrotF:
Newbie legal/detection questions: I have been lurking here for a long time but haven't posted here because it's hard for me to post from work. Now I'm on vacation. Anyhow, I live in the New York metropolitan area and bought a scanner right after 9/11 because I want to know more about what's going on. Questions: - Just how ferocious is the law prohibiting people from sharing what they've heard over the scanner? In reality, can I tell my spouse about interesting calls that I've heard? If I were a crime reporter, could I legally call the police PR people to ask them about an incident I learned about while monitoring the scanner? (Technically, of course, that would be a form of sharing information with a third party.) - I have a Radio Shack PRO-94 scanner. Just in case the authorities ever do outlaw scanners, does my scanner actually emit some signal while operating that could alert authorities to the fact that I'm using it? To people "scanning for scanners," does a scanner appear to be different from a regular radio or a regular television set? Most of what you hear on the police, fire, aircraft , marine and amateur bands is not protected and you can tell the old lady about if. Cell phones, cordless phones and anything encrypted is another story. From the ECPA of 1986 (4)Section 2511(2) of title 18, United States Code, is amended by adding at the end the following: "(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; "(III) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or "(IV) by any marine or aeronautical communications system; "(iii) to engage in any conduct which-- "(I) is prohibited by section 633 47 USC 553. of the Communications Act of 1934;or "(II) is excepted from the application of section 705(a) of the 47 USC 605. Communications Act of 1934 by section 705(b) of that Act; "(iv) to intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or "(v) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system,, if such communication is not scrambled or encrypted |
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