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>From Powell, this affects any of our members who use scanners for work
or play:
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From: "Powell E. Way III" <powell{at}scsn.net>
Organization: BEARly Organized
To: casilist{at}weatherwatchers.org
Date: Sat, 9 Aug 1997 01:44:03 +0500
Subject: Kiss your scanner goodbye
Reply-to: powell{at}scsn.net
Priority: normal
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Yall, just got this on broadcast.net...
This just came over broadcast.net. Looks very ominous!
Date sent: Fri, 08 Aug 1997 15:39:36 -0700
To: broadcast{at}broadcast.net
From: stanharter{at}juno.com (by way of Barry Mishkind
<barry{at}broadcast.net>)
Subject: [BC] GOODBYE SCANNERS, HELLO POLICE STATE?
Send reply to: broadcast{at}broadcast.net
Maybe James Kaplan needs to be on the FCC after all....
This comes from Stan Harter, who forwarded the material
to me. Anyone else out there hear of this? I'm surprised
that no one has commented on it thus far.
After all, that is what this list is for.
barry
Forwarded via Stan:
This was posted in the USENET group rec.radio.scanner.
In a nutshell, as I read the proposed legislation, one
intent is to make the "scanner" illegal under Part 15.
Don Root
Communications Coordinator
CA Governor's Office of Emergency Services
----------------------
>From: larry{at}grove.net (Larry Van Horn)
>Newsgroups: rec.radio.scanner
>Subject: Legislative Alert: Tauzin Drops a Bomb Shell (HR 2369)
>Date: Thu, 07 Aug 1997 21:05:23 GMT
Here is the latest legislative threat to monitoring.
Folks this bill is pure poison to all branches of radio.
In particular, I'm extremely concerned with
section 3 of this bill amending the Communications Act of
1934. Every radio listener and ham needs to contact their
elected officials in Washington and voice opposition to this
bill.
Unlike the Markey bill, HR 2369 does have cosponsors and
given the timing in the legislative calendar, I feel it does
have an excellent chance of getting through Congress this
session. This bill has the same provisions in it as the
Markey bill (HR 1964) plus the new language on scanner mods
in section 1 and the new very restrictive language for the
Comm Act of 34 in section 3. This effects every radio
listener from shortwave right on up to the microwave
regions. If you listen to something other than
broadcast radio or television, ham or CB this bill could and
probably will effect you.
Bottom line:
I will be posting additional info and analysis after we talk
to the legal folks. On the surface, this doesn't look good
at all. We are going to have a major fight on our hands
here.
Best Regards,
Larry Van Horn
Assistant Editor/Managing Editor
Monitoring Times/Satellite Times
P.O. Box 98
Brasstown, NC 28902
<<<<Here is the bill -- snip
HR 2369 IH
105th CONGRESS
1st Session
To amend the Communications Act of 1934 to
strengthen and clarify prohibitions on electronic
eavesdropping, and for other purposes. IN THE
HOUSE OF REPRESENTATIVES July 31, 1997 Mr. TAUZIN
(for himself, Mr. MARKEY, Mr. OXLEY, Mr. GILLMOR,
Ms.ESHOO, and Ms. MCCARTHY of Missouri) introduced
the following bill; which was referred to the
Committee on Commerce A BILL To amend the
Communications Act of 1934 to strengthen and
clarify prohibitions on electronic eavesdropping,
and for other purposes.[Italic-] Be it enacted
by the Senate and
House of Representatives of the United States of
America in Congress assembled, [<-Italic]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Wireless Privacy
Enhancement Act of 1997'.
SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING
DEVICES.
(a) PROHIBITION ON MODIFICATION- Section 302(b)
of the Communications Act of 1934 (47 U.S.C.
302(b)) is amended by inserting before the period
at the end thereof the following: `, or to modify
any such device, equipment, or system in any
manner that causes such device, equipment, or
system to fail to comply with such regulations'.
(b) PROHIBITION ON COMMERCE IN SCANNING
RECEIVERS- Section 302(d) of such Act (47 U.S.C.
302(d)) is amended to read as follows:
(d) The Commission shall prescribe regulations
denying equipment authorization (under part 15
of title 47, Code of Federal Regulations, or
any other part of that title) for any scanning
receiver that is capable of-- `(1) receiving
transmissions in the frequencies allocated
to any commercial mobile service (as defined in
section 332(d), `(2) readily being altered to
receive transmissions in such frequencies,
`(3) being equipped with decoders that
convert digital commercial mobile service
transmissions to analog voice audio, or
`(4) being equipped with devices that
otherwise decode encrypted radio transmissions
for the purposes of unauthorized
interception.'.
(c) IMPLEMENTING REGULATIONS- Within 90 days
after the date of enactment of this Act, the
Federal Communications Commission shall
prescribe amendments to its regulations for the
purposes of implementing the amendments made by
this section. In prescribing such amendments,
and in response to subsequent changes in
technology or behavior, the Commission shall
review and revise its definition of the term
`capable of readily being altered' as necessary
to prevent commerce in devices that may be used
unlawfully to intercept or divulge radio
communication.
SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF
COMMUNICATIONS.
(a) AMENDMENTS- Section 705 of the
Communications Act of 1934 (47 U.S.C. 605)
is amended--
(1) in the heading of such section, by inserting
`interception or' after `unauthorized';
(2) in the second sentence of subsection
(a), by striking 'and divulge' and inserting
`or divulge';
(3) in subsection (e)(1)-- (A) by striking
`fined not more than $2,000 or'; and
(B) by inserting `or fined under title 18,
United States Code,' after `6 months,';
and
(4) in subsection (e)(3), by striking `any
violation' and inserting `any receipt,
interception, divulgence, publication, or
utilization of any communication in
violation'; and
(5) in subsection (e)(4), by striking `any
other activity prohibited by subsection
(a)' and inserting `any receipt,
interception, divulgence, publication, or
utilization of any communication in
violation of subsection (a)'.
(b) RESPONSIBILITY FOR ENFORCEMENT-
Notwithstanding any other investigative or
enforcement activities of any other Federal
agency, the Federal Communications
Commission shall investigate alleged
violations of section 705 of the
Communications Act of 1934 (47 U.S.C. 605)
and may proceed to initiate action under
section 503 of such Act (47 U.S.C. 503) to
impose forfeiture penalties with respect to
such violation upon conclusion of the
Commission's investigation.
end
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powell{at}scsn.net powell{at}zygot.ati.com
http://www.scsn.net/users/powell
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