Broadcastify Receives Cease and Desist from Terre Haute, IN City Attorney

[SouthernRoller]

TPTB could pull the plug on Broadcastify at any time. Question is will they?
It would not be a loss as far as I'm concerned.

 

[MDKramerAL]

There is nothing in the constitution that prohibits any jurisdiction from flipping a switch from OPEN to ENCRYPT. It is their right to do that for "protection of their officers". TBM

What supporting documents do you have to support encryption protects officers?

Total encryption breeds contempt for those many officers that believe they are ABOVE THE LAW. Officers acting as if they are at war with citizens is a signficant reason for the distrust and danger of and to police in America today.

 

[mikepdx]

Somehow, I don't think the city of Terre Haute's arm of the law is that long.

 

[Rred]

Mike-
It isn't that long. Which is why Indiana joined the federal republic, so they could use the federal court system, which has longer arms. If you poke around the web you will find out that there is a fairly recent problem (mainly in the last 10-15 years) of lawyers who file suits in federal courts for frivolous grounds. Judges are afraid to do their job (dismissing the courts and sanctioning the lawyers) so the poor sucker who got sued, often 2000 miles away, now has to hire an attorney. Travel 2000 miles for the first court date, with their attorney. Take a couple of days off to do that. And when Mr. Frivolous says "Judge, I need an adjournment" he'll automatically get two or three of them--requiring the victim to spend all that time and money three times before the case is even heard. Net costs? At least $10-20,000 just to GET to the first court hearing. As a result, many lawyers engage in legalized extortion that way. "Pay me, or I'll kill you with court costs."
Broadcastify would be in the same situation. Right or wrong, twenty grand out of pocket just to answer the suit if it was filed.
Welcome to America.

 

[KC4FCF]

IMHO, any state/local regulation of people listening in on police/fire/EMS or other agency is illegal. Regulation of broadcasts of any type is the role of the FCC ONLY. The Communications Act of 1934 and Telecommunications Act of 1996 gives only the federal government such powers.It's well settled that federal law preempts state law.

Radio communication is also a matter of interstate commerce, since radio waves travel across state boundaries.

In 2012, In Arizona vs. United States, the Supreme Court ruled that states can't enforce federal laws. I think that if this matter did go to court, any lawyer worth his salt could get a judge to throw it out.

 

[KK4JUG]

I believe that if the defendants request a dismissal of the case for lack of jurisdiction, the lawyers can all walk out and go back to their ambulance chasing.

 

[KC4FCF]

Also in this case, the communication is going through the internet, something the states absolutely can't regulate!





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[RFI-EMI-GUY]

Interestingly I noticed today that the fear mongering site "Profits over Public Safety" is down with an Error 451 which suggests a legal problem. But it could also be a false flag by this sock puppet army of one. The site has bragged in recent days of some sort of legal breakthrough and change of website.

I am not keen on "Manufacturing Consent" and clearly he is up something to line his own pockets.

http://www.profitsoverpublicsafety.org/

"Site temporarily unavailable (451 error)

This site is currently unavailable

If you are the owner of this site, please contact us at 1‑480‑624‑2500 at your earliest convenience."

For those who think streaming is the problem, consider that streaming is only the present "bogey man". Once streaming has been abolished, arguably they will go after Uniden and Whistler for creating these evil scanners. Next it will be the hobbyists with software designed radios, then the Hams etc.

The folks making the noise really want to sell P25 system upgrades and encryption using your tax dollars. They are not losing sleep at night worrying about a thug with a streaming app in his phone.

 

[bill4long]

No Chance

Look folks, unless the law changes, the "tiddly wink" (IMO) lawyer representing T.H. doesn't have a prayer.

Fuggedaboudit

 

[KK4JUG]

Look folks, unless the law changes, the "tiddly wink" (IMO) lawyer representing T.H. doesn't have a prayer.

I can't help but think the lawyers already knew that but they figured it was worth a try. The city's attorney makes his salary, win or lose.

 

[RFI-EMI-GUY]

Anyone can write a Cease and Desist letter. The letter itself means nothing. It is a tactic of intimidation. Whether they follow through on threat is another matter.

 

[bill4long]

Anyone can write a Cease and Desist letter. The letter itself means nothing. It is a tactic of intimidation. Whether they follow through on threat is another matter.

roger, roger

 

[kd7kdc]

I'm curious if the people over at interceptradio.com have anything to do with the profitsoverpublicsafety.org kooky nonsense.

Check out the first sentence on the page.


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[RFI-EMI-GUY]

I'm curious if the people over at interceptradio.com have anything to do with the profitsoverpublicsafety.org kooky nonsense.

Check out the first sentence on the page.


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Yup. I agree. This looks like the same folks, and interesting that they are trying to compete in the same database space. Now this looks like the profitoverpublicsafety site is a hostile attempt to interfere with business of radioreference.

I would love to know the back story on this nasty business.

 

[RFI-EMI-GUY]

I checked the wayback machine for interceptradio and see they have used that "jab" or some other for several years. It appears there is something of a hostile message in the various tag lines. Not sure what is going on there. They have been providing a database for years if I recall. Are they related to the Quantico PO BOX? They are west coasters, so seems odd. But something is afoot.

This is one of the earliest tag lines for interceptradio back in 2009:

"Home of the world's largest non-profit scanner frequency database
Celebrating 13 years of no ads and no subscriber fees. We don't jeopardize officer safety! (unlike other sites...)
Voted #1 Best Radio Website (2009 Users Choice Award)"

 

[RFI-EMI-GUY]

"Profits over public safety" has been used as a title fir some other campaign, unrelated to radio. It could be paid lobbyist recycling his "best work".

 

[kd7kdc]

Intercept is a Seattle based group. They have been a thorn in my and other Admins sides for several years.


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[RFI-EMI-GUY]

I archived the site on the wayback machine before it went Error 451. I wish I had archived all pages.

https://web.archive.org/web/20161205061654/http://www.profitsoverpublicsafety.org

 

[RFI-EMI-GUY]

Intercept is a Seattle based group. They have been a thorn in my and other Admins sides for several years.


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what is their end game?

 

[kd7kdc]

A shot in the dark... it may be that RadioReference took off and theirs went nowhere and they are butt hurt.


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