Posted by Wayne Batten on July 17, 2001 at 19:51:10:
In Reply to: Re: discussion reminder posted by The Big O on July 17, 2001 at 19:23:45:
Not to long ago: Local officials from another state took a person to court for disclosing what was heard on a scanner, the court ruled that Federal Law protected this person, the FCC Governs communication’s NOT the state.
If this person were across state-line then the complainant would have to file a complaint with the FCC, not the local Prosecutors office.
If a person is in one state, and on the scanner this person heard communication's from another state and disclosed the information, this person has violated FCC regulation's.
So, as long as the Communication and the listener are from the same state, and the listener didn’t violate the law below, there isn’t nothing the local or State officials can do, as long as the Receiver isn’t illegal (by local, State and/or the Feds) in the area of concern.
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Per 18 U.S.C. 2510(16), "readily accessible to the general public" is defined as, with respect to a radio communication, that such communication is NOT (A) scrambled or encrypted;(B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication; (C) carried on a subcarrier or other signal subsidiary to a radio Tansmission; (D) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or (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...
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FYI,
18 U.S.C. 2511(2)(g)(i), ANY, electronic communication that is readily accessible to the general public may be intercepted. Additionally per 18 U.S.C. 2511(2)(g)(ii)(II). ANY Governmental radio communication that is readily accessible to the general public may be intercepted, REGARDLESSS OF ANY EXPECTATION OF PRIVACY.
-wayne