mfn002 said:
Wow...I didn't know that. I thought that it was 100% illegal to listen to ANY encrypted traffic (DVP/DES scanners, anyone?).
SO...It would be perfectly legal to listen to San Antonio's ProVoice system if you can get around ESK (and have an imaginary scanner-LOL). More specifically, it would be LEGAL to even get around ESK, right?
To my knowledge, and I may be wrong, the FCC permits encryption of certain "sensitive" traffic to keep dope dealers from hearing about upcoming busts,etc.; but to receive encrypted traffic is not yet prohibited by FCC rules; and when it comes to communications, the FCC is the ultimate authority...not Homeland Security, HIPPA, or anyone else. That having been said, don't be surprised if certain law enforcement officers would try to actually arrest someone for listening to something that is supposedly privileged traffic.
If you've kept up with some of my other threads, I've noted to a good deal of extent about how paranoid certain agencies are about people listening to the extent that they have actually arrested people for having receivers (in the pre-scanner days) in their cars. I noted in particular about a guy in Odessa back in the late 50s or early 60s that was a licensed Ham operator. He had one of the old Drake transceivers that occupied the entire underdash area of his car. Note, I said, he was a LICENSED operator. The receiver in his radio was capable of picking up the old lowband frequency in use at the time; and he would, in fact, listen to the lowband traffic as he drove around...not using what he heard to chase ambulances,etc. Anyway, one day he was sitting at a red light and a cop pulled up next to him. When the cop answered his radio, he heard his voice come over the other guy's radio. He pulled the guy over, and with the aid of a supervisor, they physically ripped out the radio and smashed it; and they cited the guy for illegal use of a "police radio", despite the fact that the gentleman showed him his license for the radio. They had what I call the "Rambo complex", you know...."WE ARE THE LAW". They thought that their word had more weight than what the FCC said. Guess again. Not only did the guy file criminal charges thru the S.O. against the PD for destroying his radio and improperly citing him, he filed a complaint with the FCC that ended up costing the city thousands of dollars. However, this never slowed them down until the mid-60s when they arrested a kid for a having a receiver, destroyed his radio,etc.. However, in this case, they baited the kid with a false call over their main channel. This time it cost them hundreds of thousands of dollars, and to my knowlege, they haven't pursued the matter seriously since...except for trying to convince everyone that their new system isn't capable of being monitored.
As to listening to encrypted traffic, for the moment there is nothing out there just yet that will accomplish the task. But, years ago when scramblers were being used, it didn't take long for someone to market de-scramblers, and they were never deemed as being illegal.