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From: cognos!geovision!gd@dciem.uucp (Gord Deinstadt)
Newsgroups: comp.dcom.telecom
Subject: Re: BC Politician's Cellular Calls Taped; Big Mess Ensues
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Date: 28 Jul 90 11:50:48 GMT
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X-Telecom-Digest: Volume 10, Issue 527, Message 5 of 8


contact!djcl@uunet.uu.net (woody) writes:
 
>It should be noted that Canada does not have the same restrictions on
>actual reception of cellular telephone frequencies that exist with the
>ECPA in the US. Technically, it is legal in Canada to receive the
>cellular frequencies, but there is a "secrecy of communications" law
>which would prohibit divulging any information gained from receiving
>non-broadcast radio transmissions.
 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 
Some lawyers have argued that a cellular call *is* a broadcast
transmission if the participants know that someone *might* be
listening in.  The politician in question at one point said something
like "I don't want to talk about that over this phone"; it has been
argued that by doing so, he effectively waived any right to privacy.

Talk about catch-22!

(Please note this is all speculation because the law has not been
tested in court.)


[Moderator's Note: "Some lawyers" can argue whatever they like, but
the catch is, was the transmission INTENDED for broadcast? The fact
that I can tune something in does not mean the transmission is
intended for me. When I listen to KOA in Denver at night and hear a
commercial for new automobiles, that message is INTENDED for me to
hear; therefore it is a 'broadcast'. The intent has to be there to
qualify something as a broadcast. No intent? ... then no broadcast. No
broadcast, then no right to repeat, acknowledge, 're-broadcast',
profit from or print what was overheard.   PT]