--- Mathew Quaife <[EMAIL PROTECTED]> wrote: > Federal law prohibits the taping of any conversation > without the knowledge > of one person in the conversation knowing it. So > for me to tape a > conversation that I am not involved in, would be > illegal. Look on the web > for Invasion of Privacy acts, as well as Audio > Survellance, not spelled > right but you know. The law was not meant for > telephone conversations, but > invasion of privacy. I think you are getting this > mixed up with wire taps, > that was out lawed about 10 years ago, and required > law officials to request > it in the attempt to capture threatning phone > calls. There is a great deal > of information on this, just type in those key > works, you will find it. > > Mathew >
I think this is a common misconception. Most "conversation" type communications are covered by state law as well as federal law. When you talk about "radio" communications, most of the laws are federal, although some states do have laws prohibiting listening in on law enforcement channels. http://www4.law.cornell.edu/uscode/18/2511.html If you read the above, you will see that it talks about intercepting "oral" communications, as well as "wire" and "electronic". There are exceptions to the radio interception that make it OK to listen to most radio that is transmitted "in the clear". The basic exceptions are cellular and cordless phones, which can't be monitored, except under tighter restrictions. There are very few exceptions to the "oral" and "wire" rule. This means you can't bug someones house or restaraunt table (without a court order), and listen in OR record the event. Recording has little to do with the issue, it is the interception and divulging that cause problems. Any conversation that goes over "normal" radio channels, and is not encrypted, does not fall under the federal privacy rule. You can listen to it, talk about it, and record it if you so desire. There is no problem with that. You cannot, however listen in on a telephone or "oral" conversation, nor can you tape it. Open radio channels do not have the same protection as a private conversation, or a telephone call (wireline or cellular). If you know of a federal statute that refers to "taping" of conversations over radio channels, I'd like to see that reference. I have only been able to find some of the things that I have presented here. Simply stating that a law exists does not make it so. Joe __________________________________ Do you Yahoo!? Friends. Fun. Try the all-new Yahoo! Messenger. http://messenger.yahoo.com/ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/Repeater-Builder/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
