This list should be aware of this -- read the bill at the end of
this note. And keep in mind that letters to elected officials --
congressmen and senators -- do make a difference. Right now, the bill in is
in the House so Congressmen would be the best initial target. Elected
offices account each letter as the voice of 7-10 citizens, reasoning that
everyone in society won't take the time to write.
All the best, ....Mike Del
Vecchio
---------------------
Forwarded message:
From: [EMAIL PROTECTED] (CARL PERELMAN)
To: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Date: 97-08-11 03:54:23 EDT
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Interesting bit of news.
Carl
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From: "T. R. Swisher" <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED]
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Subject: Attn Scanner Users: Legislative Alert (HR 2369)
Message-ID: <[EMAIL PROTECTED]>
Date: Fri, 8 Aug 97 19:54:10 +0000
All;
If you use a scanner to listen to railroads (or police, or fire, etc),
this bill is big
trouble. The way Section 3 is written now, it'll make listening to
anything other
than AM/FM/TV broadcast, ham radio, CB, and weather illegal. A literal
interpretation of the law means that it would even be illegal for police,
firefighters,
volunteer fire/EMS personnel, etc to listen to neighboring agencies!
Write your Congressperson now and express your opposition to this bill,
before
a useful tool is taken away from public safety, and yet another harmless
pastime is taken away from you.
Tom
* Tom Swisher, WA8PYR | E-mail:
*
* The Ohio Railway Museum | wa8pyr @ aol.com
*
* "Save Our Roads.. Ship It By Rail" | tswisher @
freenet.columbus.oh.us *
* WWW http://members.aol.com/orm578/page/ormhome.htm
*
---------- Forwarded message ----------
Date: Thu, 7 Aug 1997 09:13:05 -0400
From: Larry Van Horn <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED]
Cc: SCAN-L <[EMAIL PROTECTED]>, [EMAIL PROTECTED],
[EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED],
[EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: [TRUNKCOM] Legislative Alert: Tauzin Drops a Bomb Shell (HR
2369)
Please give this information the widest possible dissemination on all
hobby
forums. The author of this message grants permission to repost or reprint
the information below unconditionally.
Here is the latest legislative threat to the monitoring hobby. Folks this
bill is pure poison to all branches of the radio hobby. 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 your hobby is listening 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.
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