[Scan-DC] 15$ editorial

[Alan Henney]

In defense of our scanner colleagues who record and disseminate recordings,
I would like to make a few points.  I am concerned that as a hobby, we
continue to paint ourselves into a corner, based on a conservative
interpretation of the law.

The public airwaves are public!  As we all know, it is not unusual to hear
privately made recordings of scanner traffic aired by broadcasters (Sept. 11
is a prime example).  There are numerous interpretations of the intention of
the 1934 Communications Act when it comes to divulging radio communication.
A couple court cases suggest that the section of the act regarding divulging
was intended for radio common carriers and their employees who overhear
customer conversations.

To tell people what they can and cannot repeat is a prior restraint.  I am
not aware of any case where a scanner listener was prosecuted for passing
along audio recordings of public safety scanner traffic.  Can anybody think
of one?  In fact, I am aware of at least one case where federal agents were
allowed to use in court radio recordings of a business channel which were
recorded without a warrant.

Such radio communication is readily available to the general public.  We
have already allowed legislators to define cellular, PCS and similar
personal communication as not accessible, although some of it is not.  Let's
not concede any more than we have to when it comes to our rights to openly
communicate and disseminate what we hear in what's supposed to be a free and
open society.

Alan