TIP: Click on subject to list as thread! ANSI
echo: cellular
to: DENIS MCMAHON
from: RICHARD TOWN
date: 1997-02-13 13:21:00
subject: Vodafone

 -=> Quoting Denis McMahon to Dan Cooper <=-
 DC> Oh dear, this is VERY UNTRUE. It is perfectly LEGAL to listen to ANY
 DC> radio frequency, even the police. The only rule is, when you are
 DC> listening to any emergency service, you are not allowed to act upon
 DC> the information recieved.
Under the Wireless Telegraphy Acts (as amended) this is true.
But it is illegal to listen into "unauthorised" transmissions
_under that Act_
During the height of the pop pirate marine popularity, the then
RRD had threatened factories, garage workshops and the like for
receiving Radio Caroline and "broadcasting" it thru their works
speakers.  The Caroline Cafe was shut on this basis :-((
The Perfoming Rights Society were the main protaginists behind
this move.  Prior to the Marine Offences (etc) Acts
Our US friends are probably wondering "what the f***?" as they
read this thread, what with all their constitutionally protected
rights to freedom of info, etc.  A "licence" to listen in to
the radio must appear quite mad to them.  Yes, it was
 DM> Dan, as you're posting from a UK address I'll assume UK law. You are
 DM> very wrong. The Wireless Telegraphy Acts make it an offence to receive
 DM> any broadcast that you do not have a license to receive,
Yes.  And you only have a "licence to receive" authorised transmissions
And a cellular transmission is authorised.  (A CB transmission from an
unlicenced operator isn't, for example)
Course, since its no longer necessary to have a specific licence to receive
radio only - that power is questionable
 DM> offence to take any action whatsoever based on the received broadcast.
Please note your talking about "broadcasts" here not point-to-point
communications which is what Cellular is
 DM> Note that neither the primary offence of reception,
There is no "primary" offence of reception.  There is however an offence
of interception as you rightly point out.  But not under the WT Acts
 DM> serious offence of acting upon the reception, actually require that you
 DM> demodulate and listen to or in any other way make use of the received
 DM> signal.
No.  This would refer to point to point communications
 DM> It might even be argued in court that demodulating the received
 DM> signal into a human-understandable form was "taking action".
Not under the WT Acts
 DM> In addition, the Interception Of Communication Act creates specific
 DM> offences relating to the unauthorised listening in on telephone
 DM> conversations.
Too true.  But since that's been admitted as going on by the State for
the past 30 years at least (quote: Home Sec. Michael Howard) and noone's
taken any action, I think we can safely assume that none will occur now
 DM> Please do not attempt to give out legal advice unless you are
 DM> conversant with the legislation concerned.
Please ensure you use the correct relevent legislation when citing law.
The interesting thing about the specific interception
legislation you refer to was whether it was necessary at all.
After all, the Post Office Protection Act 1884 was, and still is in force
Designed primarily for Secrecy as to the Content of Telegrams, it was
later amended by SI to cover RadioTelex from UK and
Commonwealth registered vessels and aircraft.
And by case law, radio telephone calls.
A jail sentence was handed out to one of the Queen Mary's Radio Officers
in the 50s who followed a market trader who lived onboard doing
his deals by radiotelegram.
rgdZ
Richard
--- FMail/386 1.02
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