>>> Part 1 of 2...
-=> Quoting Bill Funk to Bruce Clark <=-
 BF> We need to keep up with the times.
 BF> The ECPA has been ammended (again), and now cordless phones are as
 BF> protected as cell phones. It's illegal to MONITOR them. That means,
 BF> you aren't allowed to listen. It's no longer just a case of you can
 BF> listen but not take any actions on what you might hear.
 BF> Again:
 BF> IT'S ILLEGAL (BY THE ECPA) TO LISTEN TO CORDLESS PHONES.
Since baby monitor receivers pickup cordless phone 
frequencies (and wireless microphone receivers) then when 
they pick up a conversation you are breaking the law, 
sorry can't go along with that. 
If you talk on a 46-49 and 900 cordless phone, ANYONE can 
listen in. 
==========================================================================
             A lawyer's review and perspective of the ECPA
==========================================================================
                WHEN IS LISTENING TO THE RADIO A CRIME?
                         By FRANK TERRANELLA
    The federal Electronic Communications Privacy Act has turned many radio
listeners into criminals.  The problem is, most of them don't know about it. 
I will attempt here to describe in very non-legalistic and general terms
(extremely difficult for a lawyer), exactly what listening is legal and what
is illegal.
    Section 2511 of the Federal Criminal Statutes (18 U.S.C.) is where most 
of the action is in this field.  The statute is primarily a wiretap and bug
statute and only recently has been expanded to include radio listening.  I
will not be discussing the provisions dealing with oral communications or
wiretaps and bugging devices here.
    The statute starts out by saying that it is illegal to intentionally
intercept, disclose or use the contents of any wire or electronic
communication.  The statute then goes on to carve out exceptions to this
general rule.
    It is important to understand what the law means by wire or electronic
communication.  A wire communication is any communication over a telephone or
other wire.  However, the definition specifically includes cellular 
elephones
and excludes cordless telephones (even though both involve the use of radio
and wire transmission).  An electronic communication includes all radio
transmissions, but excludes cordless telephones and pagers.
    After making a blanket prohibition of intercepting all electronic (i.e.
radio) transmissions, the statute lists the exceptions.  The first exception
is that it is legal to listen to all radio transmissions which are "readily
accessible to the general public."  This term is defined in the statute to
mean radio signals which are (1) not encrypted, scrambled, carried on a
subcarrier or other signal subsidiary to a radio transmission; (2) not
transmitted over a common carrier communications system (such as the phone
company); (3) not special transmissions such as point-to-point private relay
transmissions for the broadcast services, not meant for reception by the
general public.
    The next exception to the general rule is that it is legal to listen to
all radio broadcasts "relating to ships, aircraft, vehicles or persons in
distress." The statute also says that it is legal to listen to a broadcast by
any governmental, law enforcement, civil defense, private land mobile or
public safety communications system, including police and fire, which are
readily accessible to the general public.  It is also legal to listen to
transmissions on the amateur bands, citizens band or general mobile radio
services as well as any marine or aeronautical communications system and
cordless telephone transmission.
  
    Finally, it is not illegal to intercept satellite transmissions of cable
programming as long as the transmission is not encrypted, there is no 
onetary
gain by the viewer, and there is no marketing system available (meaning no 
ne
is selling the rights to view the programming via satellite).
    There is also an interesting section of the statute which may provide a
loophole for lawyers defending clients charged with a violation of this law.
The statute says that it is not illegal to intercept a radio transmission
which is causing interference with any lawfully operating station (including
ham radio operators), or is causing interference with any consumer electronic
equipment, to the extent necessary to identify the source of the 
nterference.
I can see a lawyer arguing that his client was only listening to that 
ellular
telephone transmission because it was interfering with his client's reception
on the 23 centimeter band.
 >>> Continued to next message...
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