TIP: Click on subject to list as thread! ANSI
echo: scanners
to: BUD JAMISON
from: SCOTT HOFFMAN
date: 1997-01-08 11:38:00
subject: Re: .

SH> models with no blocking). The government is above the law my friend, you
SH> seem to forget that.
BJ> 
BJ> Ah, so you DO agree with me, that it is NOT legal to monitor cellular 
freqs
Well, I'll once again skip the discussion of monitoring phone conversations 
with equipment as thats a whole discussion by itself and is usually done at 
the point of origin.  But I do not agree that it is blankedly illegal
to monitor the cell frequencies because the ECPA as well as several
other laws make it quite clear that it is not the case.  The ECPA itself
has exemptions which allow people to monitor activities which are forbidden
under the ECPA so long as it is for the purpose of "tracking down 
interference" and reporting it to the proper authorities (FCC, etc..) and 
hat
right is extended to anyone..   Secondly, the FCC has ALWAYS had the power
to monitor the entire spectrum no channel is restricted. That is the FCC's 
right it always has been and always will be. They have to have that power to 
do their work, and that right is extended for "test purposes" or 
interference
tracking" and "routine maintenance"  which does not include  "monitoring"
but simply listening in on the spectrum in the course of their duties.
The NSA is also granted the power to monitor and is extended the same
regulations as the FCC is, in which they can use their equipment to monitor 
any portion of the bandplan for "routine maintenance" to make sure their 
equipment works but also cannot "monitor" per se'.
--- GEcho 1.00
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