FCC consent decree on unauthorized use of MPSCS

[RFI-EMI-GUY]

This guy was an idiot. Sigh...

With that said, lots of talk about control channel encryption. Yet, I don't believe there is a single P25 system in existence that has it's control channel encrypted. And I'd bet it is because the technology, while spec'd, does actually work yet.

You mean "does not work"?

 

[KK4JUG]

Nowhere is there any allegation that he actually transmitted voice or interfered maliciously with the MPSCS, the only allegation is the 989 x 4.8 seconds of key ups or affiliations.

Your math is wonderful but useless. The fact is, he's not allowed to transmit at all...period!

If I shoot at you and miss, should I be allowed to walk?

If I try to rob your convenience store but can't get the drawer open, am I scot free?

Criminal violations usually involve intent. In the case of the FCC regs, intent is not an element of the violation, Whether he intended to disrupt communications, talk illegally or just key up, he's not allowed on their airwaves.

 

[RFI-EMI-GUY]

Your math is wonderful but useless. The fact is, he's not allowed to transmit at all...period!

If I shoot at you and miss, should I be allowed to walk?

If I try to rob your convenience store but can't get the drawer open, am I scot free?

Criminal violations usually involve intent. In the case of the FCC regs, intent is not an element of the violation, Whether he intended to disrupt communications, talk illegally or just key up, he's not allowed on their airwaves.

Lets say there is AK47 being fired in your neighborhood, your neighbor next door says to police, I think Mr. KK4JUG has such a weapon. Police knock on your door while you are out back mowing the lawn and convince your wife to open the garage. Police find your AK47 hanging on a peg board and hundreds of spent brass in your polishing hopper. Police charge you for unlawful discharge of a weapon in city limits. Guilty? Did your actual AK47 do the shooting? Lots of empty shell casings..... Circumstantial evidence. No DIRECT evidence.

I am not disagreeing about him not being allowed to transmit on the system.

But did he transmit 989 times averaging 4.8 seconds? Maybe the legitimate radio a seldom used Cache or training radio was used for a several hours of training as intended by its expensive purchase?

Maybe this Cameron kid is innocent of transmitting 989 times, average 4.8 seconds, maybe he was feeling a "little guilty about the cloning" and thus susceptible to accepting a plea agreement. If I were a juror, I would like to hear the audio tapes of his transmissions, but none apparently were presented, thus the focus on this logging data. Do they have other data to support this argument like we see in so many other FCC notices. How about data to geographically track affiliations and his movement?

My first argument is that there is scant DIRECT evidence that his actual radio did the transmissions. Secondly the agreement he plead to has been violated by the FCC publishing and naming him in the published consent decree.

 

[KK4JUG]

One thing is sure: he did transmit 989 times. How do I know? Because he admitted to it. Twenty years from now when someone looks at the records, it's still gonna be 989 times. If he comes back on this forum, ask him.

He admitted to doing it so "scant evidence" not withstanding, he did it. He and/or his attorney feel the evidence is too strong to fight it.

So many posts have said "maybe" this and "maybe" that and that a good indication nobody really knows what went on, irrespective of what they post here. People are speculating about something they know nothing about.

If he comes back here, ask him why he had the radio in the first place. Maybe he was using it as a paperweight.

 

[AK9R]

This has become what politely is known as a spitting contest. It's obvious that the authorities haven't released all of their information. The bottom line is, no one here knows. Some participants in this forum are beginning to look foolish by arguing about the unknown.

There's truth in those words.

There's no need for personal attacks. The other guy may be a complete idiot, but you need to look past that. Attack the ideas, not the person.

Oh, and stay on topic.

 

[ur20v]

The HYTA is a Michigan thing, not a federal thing. The FCC investigation is separate from the state criminal proceedings - don't forget, federal law is superior to state and local law. While the MSP records of this case may be closed to public view, it's obvious that the federal records are not.

 

[KK4JUG]

Since he's over 18, would they close the proceedings from the public?

 

[w8fsm]

https://imgur.com/R5e5di8

 

[com501]

Amen.

Never consent to a search, EVER, even if you ARE guilty. Make them get a warrant if need be. The 4th and 5th Amendments are to protect EVERYBODY from unlawful acts.

 

[Hans13]

Never consent to a search, EVER, even if you ARE guilty. Make them get a warrant if need be. The 4th and 5th Amendments are to protect EVERYBODY from unlawful acts.

I agree. I never consent and I don't suggest that anyone else does; guilty, innocent, or anywhere in between.

 

[Starcom21]

Here's another article on the matter, if interested:

https://www.rrmediagroup.com/News/NewsDetails/newsID/16896

 

[ipfd320]

That is the Same Information in Post in #75--This is a Direct Copy of the FCC Decree

Its Not Another Article

 

[cmdrwill]

One thing is sure: he did transmit 989 times. .

Most likely every time he turned on his radio, and the radio affiliated on the Mi trunking system.

And that IS STILL a FCC violation.