[Scan-DC] 15$ editorial
Lee Williams
[email protected]
Thu, 17 Jul 2003 12:52:47 +0000
The case in Florida several years ago where a scanner monitor recorded a
cellphone call of a politician and then made the recording available to the
media. The scanner monitor was prosecuted in federal court using the
referenced code section. While I will agree that the chances of federal
prosecution aren't great I disagree that one can record scanner traffic, and
then sell it to whosoever will. While I am not an attorney I tend to shy
away from putting myslef in a potential criminal prosecutable position.
>From: "Alan Henney" <[email protected]>
>To: "Scan DC" <[email protected]>
>Subject: [Scan-DC] 15$ editorial
>Date: Wed, 16 Jul 2003 11:10:32 -0700
>
>
>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
>
>
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