[ScanIndiana] Cellular phone monitoring and the law
M Bu
[email protected]
Sun, 20 Apr 2003 14:29:22 -0500
This "is any scanner in any condition for any reason" question appears =
to be as non-obeyable as the laws on handgun ownership in Indiana. One =
can legally purchase a handgun but can not legally transport it home =
without some sort of weapons permit. =20
Appears to me instead on blasting fellow scanner operators, one should =
be writing their state legislature to get some of the "stupid" laws in =
Indiana changed. Be active to promote your hobby; not aggressive to but =
down those trying to learn more about it.
Other stupid laws we all know no one reads let alone quotes - illegal to =
sell cigarettes with tobacco in them (IL) someone must run in of a =
horseless carriage and wave a red lantern shouting that it is coming =
(OH). =20
(Remember the tac radio question - those who enforce the laws set the =
examples.)
----- Original Message -----=20
From: Jerome M. kutche=20
To: [email protected]=20
Sent: Sunday, April 20, 2003 12:49 PM
Subject: Re: [ScanIndiana] Cellular phone monitoring and the law
Very well said... with this, this thread should be closed as I see =
it.. This
simple verbage clearifies it all. With one exception > IC 35-44-3-12,
Indiana's "scanner law" Does not say nor targets anything about the =
use of
a scanner in your home... The use of a scanner in your home is up to =
you as
long as it is within the "LAW.." IC 35-44-3-12, Indiana's "scanner =
law"
only deals with the "PUBLIC POSSESSION of a scanner.." Not its use. =
Except
wher ei t says you can not use it to commit a crime.. Listening to =
cell
phones is a crime no matter where you are.. Thus it negates the =
Indiana code
allowing you to carry on in public. As you did correctly state that =
below..
The Federal Law that says Cellular Listening is Illegal means they do =
not
care if you are at Home in your car walking down the street or flying =
a
plane.. You simply are not suposed to listen... That does not mean you =
can
not do what you want.... But if caught do not pickup the soap.. ;)
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".
Wow, you are also correct I would think a News gathering organmization =
would
be one place to go get the facts about scanner law.. I guess not..! =
Just
like Police Officers and Scanner Law.... You had better carry a copy =
of IC
35-44-3-12 not all officers are trained on Indiana Law it seems.
73 Jerry N9LYA
----- Original Message -----
From: "Bob Burns K4RXR" <[email protected]>
To: <[email protected]>
Sent: Sunday, April 20, 2003 12:27 PM
Subject: [ScanIndiana] Cellular phone monitoring and the law
> 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...
>
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