The Official Thread: Live audio feeds, scanners, and... wait for it.. ENCRYPTION!

mmckenna

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I personally don't see how listening to public service radio (encrypted or not) should be a crime.

Not encrypted: No.
Encrypted: Yes, it comes down to "readily accessible". The definition of that is:

readily accessible to the general public
(16) “readily accessible to the general public” means, with respect to a radio communication, that such communication is not— (A) scrambled or encrypted; (B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication; (C) carried on a subcarrier or other signal subsidiary to a radio transmission; (D) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or (E) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;​
 

ki4hyf

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Thank you! I wonder how many people have been convicted for merely listening to encrypted public service...
 

mmckenna

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Thank you! I wonder how many people have been convicted for merely listening to encrypted public service...

I don't know.
My guess, not many. They'd have to be dumb enough to share what they heard in such a way that it would be obvious they'd done it.

Modern encryption (AES256) makes it impossible(*) to accidentally intercept. The ability to intercept it would usually indicate that they had illegal access to equipment or keys.

* impossible, someone will no doubt want to argue that.
 

Citywide173

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I don't know.
My guess, not many. They'd have to be dumb enough to share what they heard in such a way that it would be obvious they'd done it.

Modern encryption (AES256) makes it impossible(*) to accidentally intercept. The ability to intercept it would usually indicate that they had illegal access to equipment or keys.

* impossible, someone will no doubt want to argue that.
I would make the argument that it would have to be accidental if it were to actually happen given the odds of intentionally breaking it.
 

mmckenna

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I would make the argument that it would have to be accidental if it were to actually happen given the odds of intentionally breaking it.

Possibly.
I was thinking that someone would comment about how they read on the internet about some guys brothers gardener who knew a guy who had some magic box that would decode AES256 and make waffles.
 

RhinoBob

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Thank you! I wonder how many people have been convicted for merely listening to encrypted public service...
Google got sued over it.

 

ki4hyf

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Google got sued over it.

Hmmm...not really the same thing. They were collecting unencrypted wi-fi traffic. I was talking about listening to encrypted LEA traffic.
 

com501

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I don't know.
My guess, not many. They'd have to be dumb enough to share what they heard in such a way that it would be obvious they'd done it.

Modern encryption (AES256) makes it impossible(*) to accidentally intercept. The ability to intercept it would usually indicate that they had illegal access to equipment or keys.

* impossible, someone will no doubt want to argue that.
Once the Government gets a fast enough computer with enough Teraflops, they might be able to brute force it, sometime in the next millenium....
 

RhinoBob

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Hmmm...not really the same thing. They were collecting unencrypted wi-fi traffic. I was talking about listening to encrypted LEA traffic.
Actually it is, at least as far as the statute viewing it as being the same thing. The statute prohibits interception of communications not “readily accessible to the general public”. Encryption is only one example of meeting that criteria. The 9th circuit ruled that the wifi data in question met the same standard of not readily accessible to the general public that encryption does. So encryption is not the legal standard. It's just one example of it.
 

blantonl

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VIRGINIA BEACH, Va. — Police radio scanners are now silent in Virginia Beach.

On Thursday, police flipped the switch, encrypting more than 2,000 radios in the city. The switch happened around 1 p.m. and police officers could be heard directing their colleagues to switch over to the encrypted channels.

"No communication for police traffic is going to be able to be heard on any of our scanner devices,” said Virginia Beach Police Captain William Zelms.

 

blantonl

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From the attached PDF:

The Virginia Beach Police Department (VBPD) explored the implementation of replacement portable radios with encrypted transmissions several years ago. The funding was approved in Fiscal Year 2018, actualized in Fiscal Year 2021, and has now been implemented as of July 28, 2022.
The need to secure police communications is of critical importance. Officers routinely transmit citizens’ sensitive, personal identifying information (PII) during encounters to verify identity and warrant status, among other law enforcement functions. This open-air transmission puts our citizens at risk for identity theft and similar economic-related crimes. 

  • The California Department of Justice recently mandated that California police agencies no longer broadcast any PII over open airways. This requirement has led to approximately 120 departments in their state adopting radio encryption as of May 2022.
  • In Virginia, state code mandates law enforcement to protect/restrict the identity of victims of sexual assault and juveniles who are victims of crime or who are subject to arrest.
In addition to protecting our citizens, protecting our officers who respond to calls for service, regardless of circumstance, is also of paramount concern. There are numerous examples where criminals utilized technology to track police movement and locations to facilitate criminal activity and thwart apprehension, such as the recent example below:
  • On February 08, 2022, VBPD apprehended two individuals, breaking in through the roof of a local Food Lion store to steal a safe. Officers were in the immediate vicinity when the call was dispatched and were able to contain the suspects on the roof. Upon arrest, officers discovered the suspects had been monitoring police response to their location through unencrypted radio transmissions on a scanner application. Had these suspects been armed, this arrest could have ended in tragedy. 
The previous case highlights the opportunity for criminals to learn police behavior through continual monitoring of open-air transmissions. Allowing criminals the ability to understand and anticipate police response times, procedures and tactics can prove to be dangerous for law enforcement and the community alike.
  • Many dispatch centers, including the Virginia Beach Emergency Communications Center, no longer utilize coded language regarding tracking devices, such as those deployed by most banks, some cell phone stores, and pharmacies, during robbery offenses. Previously, coded language would allow authorities to follow the offender and make a traffic stop or arrest when it wastactically advantageous for officer and community safety. National best practice is to use plain language in all first respondercommunications. Therefore, the use of radio encryption would prevent a bank robber, for example, the ability to listen to policecommunications and realizing they are being tracked.
The use of encrypted radios will not eliminate all inherent risks associated with the incidents law enforcement encounter. However, secure communications will allow for sensitive and tactical information to be disseminated and received by police officers and other public safety personnel. Radio encryption enhances officer and citizen safety, protects sensitive information and PII from being used in improperly or criminally, and prevents well-intentioned civilians from putting themselves in harm’s way. The move to radio encryption will not inhibit our ability to work in a unified manner with our various public safety partners. We have also equipped Fire and EMS personnel with encrypted radios to allow communications to occur as needed.
The VBPD remains committed to public transparency and accountability. Secure, encrypted communications do not supersede or lessen our responsibility to provide copies of radio transmissions as required by the public records laws of Virginia. The publicretains the ability to stay informed of police department actions and responses; however, much like incidents captured on body-worn cameras, it is just not in real-time for the protection of officers and the community.
 

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blantonl

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The two examples citied by VBPD Chief Neuidigate are pretty huge stretches in my opinion.

First:

The California Department of Justice recently mandated that California police agencies no longer broadcast any PII over open airways. This requirement has led to approximately 120 departments in their state adopting radio encryption as of May 2022.

Since this mandate went out in the State of California, which by the way, is not the State of Virginia, the state of California received tens of thousands of clarification requests from agencies given the significant cost to procure encrypting equipment, in addition to some agencies afraid they were breaking the law in California because they simply didn't have the funding necessary to comply with the mandate.

Additionally, California provided clarification that other mediums, such as mobile data terminals, cell phone, telephones and fax, were more than sufficient to comply with the mandate, or simply just encrypting radio channels that carried PII and leaving general, routine dispatch operations in the clear and not encrypted.

Furthermore, some agencies in California, made the switch, only to realize that senior law enforcement leadership might regret the move:


Palo Alto Mayor Tom DuBois said Friday (Jan. 8) that the police department’s move to encrypting its radio transmissions was a mistake.

Palo Alto police began encrypting their radio transmissions Tuesday (Jan. 5) to stop transmitting personally identifiable information over the airwaves because of a policy memo from the state Department of Justice last October.

Both the Post and the Palo Alto Weekly published editorials Friday criticizing the encryption, a rare move for the two papers, whose editorial pages hardly ever agree.

“I think staff felt like it was a smaller issue than they expected and they kind of made a bit of a mistake there,” Wednesday that the policy was “probably a good idea in terms of protecting people’s information,” but changed his mind because of reporting and editorials published by the two papers in town. DuBois said the council will bring a discussion on the radio encryption to a public hearing in late February because the “two newspapers basically rely on this information.”

Vice Mayor Pat Burt said he wants the scanners to be a topic of public discussion, instead of sweeping the decision under the rug.

“I think that the way that they did it without understanding the point of view of the council and the press and how this might impact transparency in the community is clearly a mistake,” Burt told the Post. “We may end up concluding still that we don’t have any better alternative in meeting the state legal requirements, but the department of justice directive didn’t say it must be encrypted scanners.”

Burt said he, DuBois, City Manager Ed Shikada and Police Chief Bob Jonsen all agreed police “underappreciated how this change would be reviewed” by the public when police implemented the encryption without public input.

The group also discussed that police have had trouble keeping up with public information requests and media inquiries because of budget cuts to the police department that removed public information officers and the head of police dispatch from the department.


Burt added the lack of public radio transmissions, coupled with reduced staff and budget cuts to police, “clearly reduced the transparency” of the police department.


2nd issue from VBPD Chief Neuidigate press reelease:

On February 08, 2022, VBPD apprehended two individuals, breaking in through the roof of a local Food Lion store to steal a safe. Officers were in the immediate vicinity when the call was dispatched and were able to contain the suspects on the roof. Upon arrest, officers discovered the suspects had been monitoring police response to their location through unencrypted radio transmissions on a scanner application. Had these suspects been armed, this arrest could have ended in tragedy.

The involvement of police scanners (or applications, which inherently already hav a delay built into them) in this reported incident is completely non sequitur. First, the suspects where apprehended and it is responsible to conclude that since officers were already in the immediate vicinity when the call went out, if the subjects were armed and intended to use their weapons, the use of a police scanner in the commission of this crime would have had absolutely no effect as to the outcome of the incident, and never would have in the first place.

The City of Virginia Beach and Chief Neuidigate cherry picked reasons to reduce transparency to the cities of Virginia Beach by citing mandates that went into affect in completely different states, and citing an incident example in their own city that was complete irrelevant to the use of a police scanner in the commission of a crime. I doubt the chief can provide the general public in Virginia Beach a single example of where officer safety was an issue with regards to the use of a police scanner.

Virginia Beach should leave their general routine dispatch channels in the clear FOR officer safety, accountability to the public, and to provide complete real time transparency to the media and citizens of Virginia Beach.

Finally, the City of San Fransicsco took the correct, balanced, and proper approach to this nuanced issue: their plan is to only encrypt channels dedicated to transmitting PIII info, tactical, and non-routine dispatch related activities on their radio system, in a coordinated approach with the State of California who is in agreement with their decision. The Berkeley Police Department is considering a similar approach.
 
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blantonl

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INDY72

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So the real reason is a scanner app on a cell phone. Got it. Also the reason for E in use on certain TG's in IN, MS, NC, SC, TX, etc... This is not my reasoning, it is the stated reasons for PD's, and yes FD's going to E. EMS going to E is stuck on STUPID using failed logic of HIPAA rules... In any case it is an actual reason being used for E. Yes we DO "pay the salaries" but that means jack and ****e without the right voices in offices do to the RIGHT VOTES.... Elections have consequences.... Make consequences happen before they happen to us all by being silent. If enough voices by ballots shout out, amazing things happen. We are living in times where if you let the WRONG voices make your choices you get to PAY for them. Literally. (Inflation plus recession means what to you guys?) Think about things for a minute and remember its a big turn around midterms if you want to make changes. Even bigger in 2 years. Just take it to heart folks.
 

chrismol1

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  • The California Department of Justice recently mandated that California police agencies no longer broadcast any PII over open airways. This requirement has led to approximately 120 departments in their state adopting radio encryption as of May 2022.
  • In Virginia, state code mandates law enforcement to protect/restrict the identity of victims of sexual assault and juveniles who are victims of crime or who are subject to arrest.
He's really going to cite another state as the reason for encryption? Really? Well in Alabama, it's illegal for a person to walk down the street with an ice cream cone in their back pocket. Protecting the identities of potential juvenile suspects. wow. Then dispatchers used to use coded language when following bank robbery suspects with tracking devices? What? huh? Maybe police nationwide included those unencrypted should go back to "coded language" if its as much as a liability as he admits

In addition to protecting our citizens, protecting our officers who respond to calls for service, regardless of circumstance, is also of paramount concern. There are numerous examples where criminals utilized technology to track police movement and locations to facilitate criminal activity and thwart apprehension, such as the recent example below: Upon arrest, officers discovered the suspects had been monitoring police response to their location through unencrypted radio transmissions on a scanner application. Had these suspects been armed, this arrest could have ended in tragedy. 

Ahh the real reason finally comes out
 
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kikito

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Ah yes, the old classic "I pay your salary!" :cautious:

NOT to be confused with letting all law enforcement and all elected officials operate completely “in the dark” and “behind close doors” without ANY transparency and accountability to their constituents that they ACTUALLY work for and NOT the other way around.
 
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