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46 But aren't most citizens prohibited from using mobile radio scanners?




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This article is from the California Driving (and Surviving) FAQ, by "George J Wu" georgewu@netcom.com with numerous contributions by others.

46 But aren't most citizens prohibited from using mobile radio scanners?

from parnass@ihlpy.att.com (Bob Parnass, AJ9S) on 4 nov 91:

Anyone interested in US state and federal laws relating to radio monitoring
should check out Frank Terranella's "Listener's Lawbook." It is available
for $9.95 (plus $2 UPS) from Grove Enterprises, 140 Dog Branch Road,
Brasstown, NC 28902.

I am not an attorney, but I have a 1989 issue of Frank's earlier work,
"ANARC Guide to US Monitoring Laws," and will summarize from that book.
California monitoring laws may have changed, but here are the laws of
interest to Californians as they were in 1989:

- Penal Code s 632.5 makes it a crime to maliciously monitor cellular radio
telephone calls.

- Penal Code s 635 outlaws the manufacture, sale, and possession of devices
primarily or exclusively designed or intended for eavesdropping on
cellular phones.

- Penal Code s 636.5 makes it illegal to divulge any police radio service
communication you hear on your radio to a criminal or to assist in the
commission of a crime or help a criminal evade the law.

In addition, Californians are subject to the same federal monitoring laws as
other Americans. The most important one to remember is the Electronic
Communication Privacy Act of 1986 which makes it a crime to listen to
cellular or mobile radio telephones or common carrier paging, and outlaws
descramblers.

Section 705 of the Communications Act of 1934 makes it illegal to divulge
the contents of what you hear on your radio to others unless the
conversation was on ham radio or the citizens' band.



 

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