Here's another link to a court case where a federal
judge determined that it would not be illegal to
divulge the contents of most radio transmissions. In
part it reads thusly:
"Chapter 119 generally prohibits the interception of
any oral or electronic communication,
which, by definition, includes radio signals. 18
U.S.C. 2510 and 2511(1)(a). Chapter 119 also
generally prohibits the intentional disclosure or use
of oral or electronic communications where the
person knows or has reason to know that the
communication was intercepted in violation of
subsection 2511(1). 18 U.S.C. 2511(1)(c) and (d).
Conversely, 2511 does not generally prohibit
the divulgence of communications which are legally
intercepted. Any "electronic communication"
that is "readily accessible to the general public" may
be intercepted. 18 U.S.C. 2511(2)(g)(i).
Moreover, any governmental "radio communication" that
is "readily accessible" to the general public
may be intercepted, regardless of any expectation of
privacy. 18 U.S.C. 2511(2)(g)(ii)(II). Since
it is not a violation under 2511 to intercept
readily accessible governmental radio communications,
2511(1)(c) and (d) do not prohibit divulgence or use
of such communications.
If a governmental radio communication is "readily
accessible to the general public," then
where is the harm in intercepting it and divulging the
contents of the communication? Chapter 119
recognizes this by not prohibiting the interception
and divulgence of such "readily accessible"
governmental "radio communications." Furthermore,
whenever a "readily accessible" message is sent
out over the airways, it is essentially "divulged" to
the public. Presumably, anyone using a lawful
device, in a lawful manner, can receive "readily
accessible" radio communications. Section
2511(1)(e) is also noteworthy in that it prohibits the
disclosure of certain communications which are
otherwise legally intercepted. Significantly,
2511(1)(e) does not prohibit the disclosure of
communications legally intercepted under the
exceptions contained in 2511(2)(g). If Congress
desired to prohibit the divulgence of radio
communications legally intercepted pursuant to
2511(2)(g), it could have easily done so in
2511(1)(e)."
http://www.afn.org/~jlr/gass2.txt
Joe
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