Question about feeds be used for profit

[DickH]

Originally Posted by rdale

Can you post the exact phrasing? I'm curious...

OK Rob. This comes up often enough. Here is Sec. 705 of the Comm. Act of 1934. This should put it to bed.

[rdale]

Thanks for the link. It says I can't take the information for my personal gain. It doesn't say I can't stream the audio on the Internet and recoup my investment (electricity, computer, scanner, etc.)

Is there something else? Firefeeds has been around for a LONG time and has many government users, so if it was illegal as you say, don't you think that would have been noticed by now? Using your definition, incident paging systems would also be illegal but those have been around even longer.

[blantonl]

Hey DickH -- notice the top of your posting??

"(a)Except as authorized by chapter 119, title 18,....."

Yea, well, here is chapter 119, title 18 exception

[blantonl]

Originally Posted by rdale

Thanks for the link. It says I can't take the information for my personal gain. It doesn't say I can't stream the audio on the Internet and recoup my investment (electricity, computer, scanner, etc.)

Is there something else? Firefeeds has been around for a LONG time and has many government users, so if it was illegal as you say, don't you think that would have been noticed by now? Using your definition, incident paging systems would also be illegal but those have been around even longer.

Don't forget the news media, which monitors and uses public safety communications daily in pursuit of profits (breaking news -> better ratings -> more advertising $$ -> profit)

[mtindor]

Originally Posted by blantonl

Don't forget the news media, which monitors and uses public safety communications daily in pursuit of profits (breaking news -> better ratings -> more advertising $$ -> profit)

Excellent point. And I know for a fact that our local news has had trouble configuring their own scanner properly (unsure why - it's a simple Moto analog Type II) and thus they are often seen using my feed.... doing exactly what you are talking about.

Mike

[DickH]

Originally Posted by blantonl

Don't forget the news media, which monitors and uses public safety communications daily in pursuit of profits (breaking news -> better ratings -> more advertising $$ -> profit)

Right. It's one of those laws that is seldom, if ever, enforced.

[DickH]

Originally Posted by blantonl

Hey DickH -- notice the top of your posting??

"(a)Except as authorized by chapter 119, title 18,....."

Yea, well, here is chapter 119, title 18 exception

That says it's OK to intercept or access. It doesn't address the issue of "for his own benefit".

[Sinister]

Dick,
I am not a lawyer, but if I interpret your blocked paragraph it means that no person can intercept a radio communication for the purpose to aid in breaking the law.

Here is the section with more relevant info with the red being more pertinant to the discusion:

SEC. 705. [47 U.S.C. 605] UNAUTHORIZED PUBLICATION OF COMMUNICATIONS.

(a) Except as authorized by chapter 119, title 18, United States Code, no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception,

(1) to any person other than the addressee, his agent, or attorney,

(2) to a person employed or authorized to forward such communication to its destination,

(3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed,

(4) to the master of a ship under whom he is serving,

(5) in response to a subpena issued by a court of competent jurisdiction, or

(6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. This section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication which is transmitted by any station for the use of the general public, which relates to ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator.

[blantonl]

Thanks Sinster, that was my next post... I've been busy today with development work so the forums kinda have taken a back seat...

[blantonl]

Dick,

If you want to split hairs on certain stuff, be my guest. I guess that's what attorney's do for a living.

On our end, we've done a considerable amount of work and effort to build our business, and I'm fairly confident that we have a good understanding of what we are doing - both from a business perspective and a legal perspective.

[MaxTracker]

But, since the feed(s) are a part of an application for iPhone, which will be beneficial to milions of iPhone customers then how could it be for one person's gain?

If that law were REALLY open for interpitation, The Radio scanner itself should become FREE and given FREE of Charge to anyone who wants one, as it is an item which recieves communications and the manufacturing company PROFITS from the sales?!

The iPhone application seems to be an Extension of the scanner itself, well at least until Uniden shrinks a 996 into a Cell-phone.

I'm curious as to know when the most recent ammendments to that act were? Considering no internet was available in the 1930's and only in the last few years has streaming of Both Scanner audio and Music Audio been readily available for any who want it.?

Nice Debate!

[Astrak]

Originally Posted by MaxTracker

The iPhone application seems to be an Extension of the scanner itself, well at least until Uniden shrinks a 996 into a Cell-phone.

Well if you had a GRE/RS...Oh and Windows Mobile you could run Win500 client on your phone. It truly is the scanner on my phone, since I can control the scanner from my phone.

I think the law is more stated for say a towtruck driver intercepting calls to another tow truck driver and arriving to the scene first and essentially stealing the call from the other for personal gains.

[andy404ns]

haha my Captain showed me that app on his iphone the other day and we were listening to our local FD's and I thought it was cool. Now that I'm reading this I realize that I was actually listening to my scanner without realizing it!

[MaxTracker]

I don't have an iPhone yet, but as soon as I am eligible for an upgrade, I surely will. My Emergency manager has an iPhone however. What app is it and where can I send him to download it for his phone?

[rdale]

App name is in the first post The ITunes store is where you get apps for the IPhone.

[Astrak]

Okay, I have to ask what is the appeal to iPhone? Why pay for programs that are readily available for free from other forms of OS? I'm not trying to start a debate but really, my WinMo phone can do your Iphone GUI and more plus it can run way more apps than iPhone for free without the crashes. Wrong place to post I know.

[riccom]

Originally Posted by DickH

That says it's OK to intercept or access. It doesn't address the issue of "for his own benefit".

I am taking a guess if this was answerd and i can settle this in a nice statement

defnition of "for his own benefit
Using the scanner to balckmail ,use in a commission of a crime , using to aid and hide a fugitive of the law or the best part in simple terms, use it to plan the crime , is a Federal offince and carrys i think a maxiumn penalty of 20 years in prision(?)


fertermore for personal gain as in law breaking not for enjoyment as a hobby

and the app is for the devlopment not the streams thats open to anyome!

DickH i hope this helps if they have not already

[riccom]

Originally Posted by Astrak

Okay, I have to ask what is the appeal to iPhone? Why pay for programs that are readily available for free from other forms of OS? I'm not trying to start a debate but really, my WinMo phone can do your Iphone GUI and more plus it can run way more apps than iPhone for free without the crashes. Wrong place to post I know.

your cool
I dont and cant say for the guys here but i think they may be working something(guessing here dont quote me) on a app maybe for a windows pocket pc aka a pc phone
it might be in the works cross platform

[jobes]

For my iPhone I feed my ip stream to an app called FStream. I also stream via ProScan to ScanCast which feeds another iPhone app called Radio which lists ScanAmericas 1583 stations by state. All which work wonderfully on the iPhone and ProScan handles everything without a hitch.

[ampulman]

Originally Posted by DickH

It says something like using what you hear for personal gain. I interpret that to apply to scanner feeds. You may not. The official answer must come from an FCC attorney, I guess.

Here's another one for the lawyers: How does having a mobile phone capable of monitoring law enforcement in a motor vehicle, jive with the laws of states (NY, etc.) that prohibit mobile 'scanner' use in vehicles?

Amp