[ScanIndiana]BS laws
Duane Mantick
wb9omc at nlci.com
Fri Jan 21 20:13:32 EST 2005
Now kiddies, calm down. :-)
In your own ways you both have good points but are just on
opposite ends of the spectrum, pardon the pun.
I argued in many internet newsgroups waaaaay back against the
ECPA (which I refer to as the Electronic Communications Piracy
Act, as opposed to "Privacy" Act.....) because it, like so much
other law in this area, is:
a) a typical Washington DC "shoot-from-the-hip-catch-all-one-size-
fits-everyone-solution" which as usual manages to screw a lot of
people. I still believe that today.
b) predicated on the "big lie" that was being told by cellular
providers early on that their customers should feel secure that
nobody could listen in on them. Just one small problem - that
was NOT true, and the CTIA knew it (that's Cellular Telephone
Industry Association, for anyone who didn't know that). FIRST
they sold the phones and THEN they lobbied for a law that would
make their lie into law. With enough money to spread around
in Washington, you can do almost anything.
As for the Indiana Scanner law, my understanding is that it goes
back to a time when criminals really did try and use receivers
(scanners didn't even exist yet) to try and evade police. The
original intent of the law was a good one, and I really don't think
that anyone ever thought that listening to the cops was going to
turn into a popular spectator sport. When I first got involved in
radio as a kid in the early 70's, a LOT more stuff was said on
the police bands IN THE CLEAR than there is now. So law or not,
the cops all know that they are listened to and they take steps
to hide or disguise a lot of critical comms. You can argue the
success or failure of that - but I think it is a valid point that
we, the radio hobbyists, need to be careful that what we do does
NOT endanger either the police officers themselves or the public
safety and welfare.
I will also remind everyone that scannists all too frequently forget
about Section 705 (formerly 605) of the Communications Act of 1934,
as amended. Until recently, it basically said you could listen to
anything you wanted to as long as you didn't divulge the contents
with exceptions being ships and aircraft in distress, Amateurs and
CBers, and signals intended for public broadcast. These could be
divulged all you wanted. :-) The ECPA then excepted cell phones,
and later, cordless phones; various congresscritters have tried to
extend it into other areas as well. This is still the law of the
land, whether we like it or not. Primarily, it isn't enforced
except in the most egregious cases of someone being blatantly
stupid and/or trying to use the obtained information in some illegal
or "profitable" way.
That's my 2 cents worth on issues of legality for now. In the meantime,
back to the radios!
Duane
WB9OMC
-----Original Message-----
From: scanindiana-bounces at mailman.qth.net
[mailto:scanindiana-bounces at mailman.qth.net] On Behalf Of sdaupert
Sent: Friday, January 21, 2005 11:53 AM
To: Indiana Scanning
Subject: Re: [ScanIndiana]BS laws
And I'm sure you've never broken any law in you life like exceeding the
speed limit? But I guess listening to a radio is much more dangerous to
others. Here she is, THE perfect woman.
BTW, if you take stating facts to be whining, go back to cutting your own
crystals and those of us who are willing to speak out about govt. waste will
continue to do so.
What is this "perfectly good reason" for this law (that keeps me, a hobbiest
from listening???) I still don't see it after reading the statute again and
again.
Go to a NASCAR or F1 race and arrest everyone that CARRIES a scanner capable
of getting 800 MHZ if you have so much time, money and courtrooms.Truly
fiscally responsible, oh yes.
My point is the law is poorly worded, does not target real criminals ONLY
and it needs to be changed.
You still don't get it do you?
Stu
----- Original Message -----
From: "Susan Barker" <bigoakqh at yahoo.com>
To: <scanindiana at mailman.qth.net>
Sent: Friday, January 21, 2005 8:43 AM
Subject: [ScanIndiana] (no subject)
> Ok boys I have been scanning longer than some of you have been on this
earth. Stop whining. The law is the law and has a perfectly good reason to
back it up other than your loss of civil liberties. If you choose to violate
that law then "don't do the crime..if ya can't do the time ( or
consequences) ". The Ham law is a courtesy extended by most states. The
violation of those laws and regulations has brought about the mistrust of
that group as well by law enforcement. We reap what we throw out there. Now
I know you all are going to really get in a dither but the fact is, if we
want to put the scanners in the car (which is the only way to really do our
thing) then it may be confiscated period. By the way, I am 62 yrs old and
female. I haven't lost one yet but I do not flaunt it and am very respectful
of the law enforcement in our area. You should be too. It is their life in
jeopardy when the crook is listening on a scanner while they are trying to
save your rump from being harm
> ed.
>
>
>
> Is your air clean?
> Free In-Home Evaluation
> www.ecoquest.com/bbarker
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