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Law now proposed in the U.S. which would heavily r
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From [email protected] (Richard Crisp)
Newsgroups: rec.radio.shortwave,rec.radio.scanner,alt.radio.scanner
Subject: Update: Newly revised "Scanner Ban" bill
Date: Fri, 12 Aug 1994 12:55:12 GMT
attached is a newly revised version of the scanner bill which is even
more restrictive than the last. Notice the definition of the term
"Scanning Receiver". This goes well beyond what anyone famailiar with
the hobby and equipment would consider to be a scanning receiver.
I am sorry to have to fill up this newsgroup with REALITY and
proposed LEGISLATION, but this is the beauty of Internet: get
the information out and in a timely fashion. This stuff is very serious,
the penalties include $50,000 fines AND 15years in jail for violations.
This stuff is the most blatant attempt yet on the legislative front
to shut down our collective hobby and make us all criminals; all by
legislative fiat.
This is very serious business and anyone that cares about their
hobby and liberty should take this very seriously and be on the phone
fax etc and let their congressman/senator know what you think of this.
For those of you that would rather see this discussion taken elsewhere
I say: if you had a fire in your house while you had a party going on
it would be a damn inconvenient time to have to deal with it. It would
make a lot more sense to have the fire move to the woods where that
sort of thing occurs all the time. But the reality is that there is
a fire and it MUST be addressed. This same logic applies here. If you
would like to be able to have a hobby to talk about in this very
fun forum, take the time to read the following and take some action.
Don't rely on others to do your work for you, and don;t take the
attitude that this doesn't matter, is only being raise by alarmists,
and that it should be taken to some other group like alt.conspiracy
This is real, it is now and it will affect you.
read it and weep!
____________
SEC. 3. EFFECTIVE DATE.
(a) In General._Except as provided in paragraph (2), chapter 120 of
title 18, United States Code, as added by section 1, shall take effect
on the date of enactment of this Act.
****like IMMEDIATELY***
(b) Assistance Capability and Systems Security and Integrity
Requirements._Sections 2602 and 2604 of title 18, United States Code, as
added by section 1, shall take effect on the date that is 4 years after
the date of enactment of this Act.
SEC. 5. CORDLESS TELEPHONES.
(a) Definitions._Section 2510 of title 18, United States Code, is
amended_
(1) in paragraph (1) by striking but such term does not include'' and
all that follows through base unit''; and
(2) in paragraph (12) by striking subparagraph (A) and redesignating
subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C),
respectively.
(b) Penalty._Section 2511 of title 18, United States Code, is amended_
(1) in subsection (4)(b)(i) by inserting a cordless telephone
communication that is transmitted between the cordless telephone handset
and the base unit,'' after cellular telephone communication,''; and
(2) in subsection (4)(b)(ii) by inserting a cordless telephone
communication that is transmitted between the cordless telephone handset
and the base unit,'' after cellular telephone communication,''.
*****note that cordless telephone monitoring is now classified
the same as cellular telephone monitoring******
SEC. 6. RADIO-BASED DATA COMMUNICATIONS.
Section 2510(16) of title 18, United States Code, is amended_
(1) by striking or'' at the end of subparagraph (D);
(2) by inserting or'' at the end of subparagraph (E); and
(3) by inserting after subparagraph (E) the following new subparagraph:
(F) an electronic communication;''
*****here is the aforementioned section 2510(16) as it reads in
the current law******
***
(16) "readily accessible to the general public" means, with respect to
a radio communication, that such communication is not--
(A) scrambled or encrypted;
(B) transmitted using modulation techniques whose essential parameters
have been withheld from the public with the intention of preserving the
privacy of such communication;
(C) carried on a subcarrier or other signal subsidiary to a radio
transmission;
(D) transmitted over a communication system provided by a common
carrier, unless the communication is a tone only paging system
communication; or
(E) transmitted on frequencies allocated under part 25, subpart D, E,
or F of part 74, or part 94 of the Rules of the Federal Communications
Commission, unless, in the case of a communication transmitted on a
frequency allocated under part 74 that is not exclusively allocated to
broadcast auxiliary services, the communication is a two-way voice
communication by radio;
********end of current law (included to emphasize the significance of
the changes enabled by the new section 6 of the "the bill"****
********here is the definition of "electronic communication as it
exists in the current law (title 18usc, section 2510 section 12)
(12) "electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted
in whole or in part by a wire, radio, electromagnetic, photoelectronic or
photooptical system that affects interstate or foreign commerce, but does
not include--
(A) the radio portion of a cordless telephone communication that is
transmitted between the cordless telephone handset and the base unit;
(B) any wire or oral communication;
(C) any communication made through a tone-only paging device; or
(D) any communication from a tracking device (as defined in section
3117 of this title);
********end of definition in current law********
(note that now an "electronic communication" is not considered to
be "readily accessible to the general public" )
SEC. 7. PENALTIES FOR MONITORING RADIO COMMUNICATIONS THAT ARE
TRANSMITTED USING MODULATION TECHNIQUES WITH NONPUBLIC
PARAMETERS.
Section 2511(4)(b) of title 18, United States Code, is amended by
striking or encrypted, then'' and inserting , encrypted, or transmitted
using modulation techniques the essential parameters of which have been
withheld from the public with the intention of preserving the privacy of
such communication''.
*****here is that portion of the current law*******
(4)(a) Except as provided in paragraph (b) of this subsection or in
subsection (5), whoever violates subsection (1) of this section shall be
fined under this title or imprisoned not more than five years, or both.
(b) If the offense is a first offense under paragraph (a) of this
subsection and is not for a tortious or illegal purpose or for purposes of
direct or indirect commercial advantage or private commercial gain, and
the wire or electronic communication with respect to which the offense
under paragraph (a) is a radio communication that is not scrambled or
encrypted, then--
*********end of current law****
SEC. 8. TECHNICAL CORRECTION.
Section 2511(2)(a)(i) of title 18, United States Code, is amended by
striking used in the transmission of a wire communication'' and
inserting used in the transmission of a wire or electronic
communication''.
SEC. 9. FRAUDULENT ALTERATION OF COMMERCIAL MOBILE RADIO
INSTRUMENTS.
(a) Offense._Section 1029(a) of title 18, United States Code, is
amended_
(1) by striking or'' at the end of paragraph (3); and
(2) by inserting after paragraph (4) the following new paragraphs:
(5) knowingly and with intent to defraud uses, produces, traffics in,
has control or custody of, or possesses a telecommunications instrument
that has been modified or altered to obtain unauthorized use of
telecommunications services; or
********here is the section with the "biggie"******
(6) knowingly and with intent to defraud uses, produces, traffics in,
has control or custody of, or possesses_
(A) a scanning receiver; or
^^^^^^^^^^^^^^^^^^^^^^^
(I realize that there those of you that believe that the defraud
term clears all casual monitors, but notwithstanding, I
point out the new wording of the bill)
(B) hardware or software used for altering or modifying
telecommunications instruments to obtain unauthorized access to
telecommunications services,''.
(b) Penalty._Section 1029©(2) of title 18, United States Code, is
amended by striking (a)(1) or (a)(4)'' and inserting (a) (1), (4), (5),
or (6)''.
© Definitions._Section 1029(e) of title 18, United States Code, is
amended_
(1) in paragraph (1) by inserting electronic serial number, mobile
identification number, personal identification number, or other
telecommunications service, equipment, or instrument identifier,'' after
account number,'';
(2) by striking and'' at the end of paragraph (5);
(3) by striking the period at the end of paragraph (6) and inserting ;
and''; and
(4) by adding at the end the following new paragraph:
(7) the term `scanning receiver' means a device or apparatus that can be
used to intercept a wire or electronic communication in violation of
chapter 119.''.
******note the difinition of "scanning receiver" now includes
a large number of test equipment including spectrum analyzers,
any radio receivers, even an old TV that has 83 channel UHF
capability******
-------soap box mode on-------
We must unite to stop this outrage. When you talk to your congressman
ask them to explain to you what the need is for this, what the real
intent is, why this is felt to be necessary etc. Be prepared
to explain why this bill is likely to be controverted to prohibit
acts that are harmless etc.
WE beat them yesterday on the Crime BIll, there may be some hope
yet on this. But we must ACT and act decisively.
-------soap box mode off------
Thank you for you attention in this very important matter.
--
Richard Crisp Cupertino, Ca. [email protected]
(415) 903-3832 wk (408) 253 4541 fax
For PGP Public Key, type finger [email protected]
"It is a good thing that we do not get as much government as we pay for"
-Will Rogers
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