BBC World Service on 9410 kHz @ 00:40 UTC from Thailand
BBC WS = http://www.bbc.co.uk/worldservice/

S-Meter : S3~S5 with SIO :343 and Fair Audio on 23 DEC 2008

Heard an English News Item : Russia is now starting
to see more Islamic Rebellion in the North Caucuses
Region beyond Chechnya.
http://web.stlawu.edu/govt/NorthCaucuses.jpg

NOTE - The BBC-WS in English is on 9410 kHz Daily
from 00:00 to 07:00 UTC from various locations.
EiBi Text = http://www.eibi.de.vu/

BBC World Service on 9410 kHz @ 00:40 UTC from Thailand
BBC WS = http://www.bbc.co.uk/worldservice/

S-Meter : S3~S5 with SIO :343 and Fair Audio on 23 DEC 2008

Heard an English News Item : Russia is now starting
to see more Islamic Rebellion in the North Caucuses
Region beyond Chechnya.
http://web.stlawu.edu/govt/NorthCaucuses.jpg

NOTE - The BBC-WS in English is on 9410 kHz Daily
from 00:00 to 07:00 UTC from various locations.
EiBi Text = http://www.eibi.de.vu/

"radioguy" wrote in message
...
If Federal law truly supercedes state law as hams claim they do, then
how are local state laws prohibiting using scanners to monitor the
police legal???

They're not. Neither are radar detectors or full range *radio receivers* of
any sort (including cell phone coverage). The latter "restriction" bought
and paid for by the same telcos that have been illegally tapping your phone
lines for the past 8+ years. Of course, if never challenged, they'll take as
many of your freedoms as you'll give.

The federal ECPA law clearly says that monitoring police transmissions
is specifically allowed.

Federal law and International Treaty clearly state that monitoring *any*
frequency is legal.

From anywhere in the U.S.

Naturally.

And "anywhere" would inclide from a vehicle.

Of course.

And if I recall correctly, the ECPA even goes so far as to say that
monitoring of police may not be prohibited.

Does anyone care anymore?

On Dec 23 2008, 8:55*pm, Mike wrote:
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- Hide quoted text -

- Show quoted text -

While what I learned in school agrees with what you say, 99.99 percent
of the hams have said exactly the opposite and have even said that
there
have been SEVERAL federal court rulings which ruled and upheld the
opposite of what you and I were taught.

http://groups.google.com/group/alt.p...hl%3Den%26q%3D

The way Federal Law works is that it sets the minimum guide lines for the
states. If a state or some other agency (i.e. DOT or Public Utility
agencies) wants to make it more stringent then its up to the Court of
Appeals and Supreme Courts (state and/or federal) to rule if it meets
constitutional requirements.

In some case if a person is stopped by the the police during the commission
of a law violation (read this to mean both criminal and traffic) the scanner
can be considered a "criminal tool" to aid in the prevention of apprehension
by the authorities. However most most state laws they state within a motor
vehicle it is illegal to have a scanner because they fear from loss of
revenue do to the scanner cuing the driver as to a radar trap.

Face it people can bitch all they want but it will take an explicit
constitutional amendment stating the possession of a scanner or other type
of communication device in a motor vehicle is a right of the people to give
them what want.

I am not lawyer but am a former law enforcement officer.

Homer



"radioguy" wrote in message
...
If Federal law truly supercedes state law as hams claim they do, then
how are local state laws prohibiting using scanners to monitor the
police legal???

The federal ECPA law clearly says that monitoring police transmissions
is specifically allowed.

From anywhere in the U.S.

And "anywhere" would inclide from a vehicle.

And if I recall correctly, the ECPA even goes so far as to say that
monitoring of police may not be prohibited.