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Path: utzoo!watmath!clyde!bonnie!akgua!whuxlm!harpo!decvax!tektronix!tekcrl!teklabs!rafaeld
From: rafaeld@teklabs.UUCP (Rafael De Arce)
Newsgroups: net.ham-radio
Subject: Listening to radio transmissions and Wire-tapping...
Message-ID: <3187@teklabs.UUCP>
Date: Mon, 9-Sep-85 19:12:38 EDT
Article-I.D.: teklabs.3187
Posted: Mon Sep  9 19:12:38 1985
Date-Received: Thu, 12-Sep-85 11:15:09 EDT
Organization: Tektronix, Beaverton OR
Lines: 30


Their has been much talk on the net with regards to our "freedoms" to listen
to radio transmissions and the legallity of this listening.

I called the F.C.C. this afternoon and spent about a half hour speaking to
them on this subject. I wanted to set the record straight in my mind as to
what the law was on this matter. I must tell you frankly, that their are many
people out their that are misinformed in this subject and I was one of them.

First and foremost... listening to Common Carriers IS wire-tapping and illegal!
It smacks a 10,000 dollar fine and five years. (Some states impose their own
penalties on top of the federal penalties.) When and if you listen to a phone
conversation transmitted on a common carrier band, it is tantamount to plug-
ging into the cables between the conversing parties. By law, the line is se
cure.

Radar Detectors... The F.C.C. regards these as RECIEVERS and they are legal.
States have the right to ban them. (That issue is somewhat mute and needs
further definition.) They don't operate in the forbidden common carrier bands
so the F.C.C. has no problem with them.

For those that would like to read further on the subject, I was told to 
see sections 301 and 605 of the Communications Act of 1934. Title 18 was sug-
gested reading as well.

Anything outside of the common carrier bands is legal to listen to. 

Let's move on and drop this subject. Their's been too much attention paid to
this subject on several nets. All it takes is a phone call to the proper
agency and they can and will point you to the rules, regulations and the law.