[ScanIndiana] Cellular phone monitoring and the law

[Bob Burns K4RXR]

At 09:26 AM 4/20/2003, DeLong wrote:

>I was wanting to listen to these frequencies in my Home...

Since your original message included the statement "I need the frequency 
range for cellular phones" this statement now clearly express your intent 
to listen to cellular telephone frequencies. Interception of cellular 
telephone communications is a violation of Federal law. See 18 USC 2511.

>...not in my car in which I do not have a scanner in my vechicle...

Where you listen to these frequencies doesn't matter, it's still a 
violation of Federal law.

>These frequencies belong to the public and I will listen to whatever I 
>want to as along as it is in my home...

You can listen to whatever you want, however interception of certain 
electronic communications, including cellular telephone communications, is 
prohibited by Federal law.

>I am not stupid as all you you think...

I didn't see any messages posted on this reflector that said you were 
stupid. However, based on what you have said, I think you are inadequately 
informed. You have asked questions which I think express your lack of 
research into both the technical and legal aspects of monitoring cellular 
telephone communications. I also think that your employer, as a news 
gathering entity which depends on cooperation with law enforcement 
agencies, would not be happy to learn that you are expressing in public 
your intent to violate Federal law.

>Indiana law says that I can listen to anything in my home...

If you are referring to IC 35-44-3-12, Indiana's "scanner law", it only 
stipulates that you may possess in your home a "police radio", defined as 
"a radio that is capable of sending or receiving signals transmitted on 
frequencies assigned by the Federal Communications Commission for police 
emergency purposes". Indiana law, as far as I know, does not supercede 
Federal law prohibiting the interception of cellular telephone communications.

>This is my view, please as always, take it or leave it.

We are all entitled to our opinions. We are not, however, entitled to act 
in a manner which violates the law. My opinion, take it or leave it, is 
that talking about the law and how it might be violated is not, in itself, 
an illegal act. I am not the scanner police and I am not going to come into 
your home and arrest you for listening to cellular phone calls. However, I 
think you should be aware of the law and how you might be violating it.

Bob...