[ScanIndiana] Re: ScanIndiana Digest, Remote Broadcast Links in ECPA '86

David L Norris dave at webaugur.com
Tue Aug 10 00:05:29 EDT 2004


On Mon, 2004-08-09 at 06:50 -0400, wrote:
>        Many people forget that Remote Broadcast links, such as "NBC Sports on 
> 450,455MHZ" in a recent posting is just as "illegal" as monitoring cell phone 
> calls, under ECPA '86.  Enough clout to make it illegal, not enough clout to 
> get it blocked in scanners.  

Pretty please provide references when citing things, especially law.


Title 18, Part 1, Chapter 119, Section 2510 states:
  http://www4.law.cornell.edu/uscode/18/2510.html


(16) ''readily accessible to the general public'' means, with respect to
a radio communication, that such communication is not -

(E) transmitted on frequencies allocated under part 25, subpart D, E, or
F of part 74, or part 94 of the Rules of the Federal Communications
Commission, unless, in the case of a communication transmitted on a
frequency allocated under part 74 that is not exclusively allocated to
broadcast auxiliary services, the communication is a two-way voice
communication by radio;



Doesn't that state "two-way voice communication by radio" is
specifically _not_ protected?


CFR 47, part 74, subpart D also states the 450 MHz frequencies are not
allocated for use aboard aircraft.  Yet, I hear news agencies doing so
every day.

Dig through here if you're bored (and manage to piece together the URL):
http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?
TITLE=47&PART=74&SUBPART=D&YEAR=2002&TYPE=TEXT


-- 
 David Norris
  http://www.webaugur.com/dave/
  ICQ - 412039



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