Xref: utzoo rec.ham-radio:3742 sci.electronics:1966 misc.legal:3612
Path: utzoo!mnetor!uunet!husc6!necntc!frog!die
From: die@frog.UUCP (Dave Emery)
Newsgroups: rec.ham-radio,sci.electronics,misc.legal
Subject: Re: Does the ECPA have teeth yet ?
Message-ID: <2027@frog.UUCP>
Date: 23 Jan 88 09:14:00 GMT
References: <1999@frog.UUCP> <675@fai.UUCP>
Reply-To: die@X.UUCP (David I. Emery)
Organization: Charles River Data Systems, Framingham MA
Lines: 24
Keywords: ECPA jail sentence felony ham swl

In article <675@fai.UUCP> stevem@fai.UUCP (Steve Minneman) writes:
>
>It seems to me if I remember correctly, that this law was used to arrest some
>drug dealers in the L.A. area about six months ago.
>

	For intercepting what radio transmissions ? (cellular phones, or
police, DEA, or FBI microwave links, or other drug dealers pagers? ).  If you
have any details please post a further description of how this law that
forbids listening to certain kinds of radio traffic now made private by
legislative fiat was applied to prosecuting drug dealers.

	I understand the ECPA as specifically allowing normal scanner type
monitoring of law enforcement and governmental nbfm VHF and UHF radio
channels.  This would seem to include most radio communications used by
the anti-drug law enforcement types (DEA ect).  It would be very interesting
if the law has been applied to this (very popular and common) type of
listening even if the listener had a serious criminal purpose in mind.

	It is also true that the ECPA has several sections that apply to
computer system security (anti-hacker provisions) rather than to illegal
interception of electronic communications traveling via radio.  Perhaps
the prosecution was on the basis of some crime other than passively
listening to a radio signal ?