The good news, Capt1B, such as it is, is that you are not alone in your thought processes as to how lay-people commonly perceive and attempt to explain what their expecation of privacy is. The bad news is that it is usually wrong.
Assuming that you are a citizen of the United States, you are afforded privacy within certian boundaries and that is protected by the Fourth Amendment of the Consitution of the United States:
The 4th Amendment said:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
While the Fourth Amendment deals with the interaction of the US government and it's citizens, extrapolations regarding what "privacy" is can be made. But first, let's cover the basics and then we can talk about privacy as it impacts radio communications.
A search is constitutional if it does not violate a person's "reasonable" or "legitimate" expectation of privacy. Somewhat recent case law hammered this out in: Katz v. United States, 389 U.S. 347, 362 (1967) with Harlan, J., concurring. The following four criteria are generally used in determining whether or not we can expect our privacy to be rudely invaded:
- General Legal Principles: Unless you live your life as a complete hermit, anything you do or say, knowingly, in a public place, does not constitute an expectation of privacy.
- Vantage Point: As long as the police do not trespass, or try to illegally inhabit or occupy a space, any area that you can be seen from is considered 'fair game' to become a vantage point from which to place you under surveillance.
- The Degree of Privacy Awarded by Buildings and Places: Any place in public, unless you happen to be in a phone booth, attending a sporting event in an enclosed arena, or at your favorite concert, is fair game to have you under surveillance.
- Technology: A case brought before the Superior Court in 1973 agreed that, "Judicial implementations of the Fourth Amendment need constant accommodation to the ever-intensifying technology of surveillance" (Dean v. Superior Court [1973] 35 Cal.App.3d 112, 116); "the Fourth Amendment must likewise grow in response" (United States v. Kim [1976] 415 F. Supp. 1252, 1257).
The take-away from this is and again, assuming you are citizen of the United States, is that you need to adjust your understanding of your Fourth Amendment rights to this legally correct mantra:
Anything I do or say in public forfeits my rights to any expectations of privacy.
I am sorry if this conflicts with your current perception of privacy, but it has been tested over and over again in courts of law and upheld. This is the way that it is and to quote David Spade's SNL charater, "Get use to it".
Now let's swing this back to radio communications and apply these principals there.
Capt1B said:
Well in these enlightened times, I guess I can see how you can describe this practice as not being an invasion of privacy (a bit like journalists saying the public has a right to know ANYthing when they invade the privacy of citizens).
This is an incorrect exaggeration. If the "privacy" of a person is being invaded in direct offense to the Fourth Amendment, as you have described, it would be subject to lawsuits and criminal prosecution. We see paparazzi taking pictures in public, but we do not see paparazzi bursting into people's homes to take pictures and that is the difference.
Capt1B said:
But the fact is, one function of the ACARS system for many airlines whose aircraft are not equipped with SatPhone systems is to avoid sensitive conversations taking place over voice comm systems and being listened to by those for whom the information was not intended. The reasons for this are self-evident.
This is an incorrect statement as well and I am not trying to be rude, but any "self-evident" reasonings are derived from an uneducated perceptive. The fact is that if a radio transmission is not encrypted (hence an expectation of privacy) and broadcasted in an unencrypted format, the is no expectation of privacy.
Capt1B said:
But as you've pointed out, the spotters intercept these messages in the interests of personal voyeuristic needs and are thereby doing the airlines a dis-service.
*shrug* So what. It is not the legal obligation of the listener/scannerist to avoid unencrypted radio transmissions purely for ethical reasons. If a radio communication needs to be shielded from eavesdropping or any perceived "dis-service", it is the responsibility of entity/person who is initiating the transmission to secure it. And to rehash, if a radio transmission is encrypted, then those people entitled to it's contents have a reasonable expectation of privacy and are afford protection under the law.
Capt1B said:
Why anyone would want to know the lat/long of random aircraft, of which there are hundreds if not thousands in the air at any time, I can only wonder at.
Why do people collect buttons? Why are people fascinated by the Dromaius novaehollandiae? Why do some people think they are hot stuff when they look like an assimilated Borg drone with bluetooth headsets stuck in their ear and have other cellular related grab strapped to their bodies? Some people just like all things aviation and ACARS combines a love of radios with aviation.
Capt1B said:
So, on that topic, can the average spotter monitor SatPhone calls? Just wondering if that system is still safe to discuss company business through without people eavedropping.
The short answer, for you, is no for the first part and yes for the second part.
Please read my quasi-dissertation about providing radio feeds on the Internet as it is related to ones expectation of privacy:
http://www.radioreference.com/forums/showthread.php?t=81717
If you still have questions, please try to articulate them in such a manner that shows that you really did take the time to read and understand the information presented. I hope this was helpful.
:wink:
edit - Because it took a bit of time to compose this, other posts were made, and I wanted to acknowledge and concur with SIG-INT statement that there is no secret underground conspiracy or covert activity taking place. Stand down red alert Capt1B, if there was a legal issue to scannerists and ACARS, it would have been sorted out long before you have became aware of it.