Emergency personnel advise against publishing scanner traffic

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"But often, emergency personnel beat journalists to the scene and discover the situation isn’t what was relayed on the scanner."

Incorrect wording. The proper wording is that "...journalists often beat emergency personnel to the scene..."
 

cortchubby

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ECPA ?

Well I TOTALLY agree with them (the police)!!


Seems to me that the release of info gleened from a scanner to 3rd party would violate ECPA

a. You can lister
b, You can go to the scene (so long as you do not interfere)
c. You can watch the event
d. You can photograph or otherwise record

e. YOU CANT TELL ANYONE ABOUT IT.

Being on BOTH sides of this,both a scanner buff,and contracted law enforcement, I know how BOTH sides of the line feels.

NOTE ALSO..it is a violation of HIIPA to divulge ANY info you get from MED CHANNELS (IE amb to hosp freqs) regarding patient info which includes injury and treatment being given.

A "press pass" isnt the golden key it comes with responsibility
 

ff-medic

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A lot of Federal Law Enforcement, when assisted by local Police, lets the local Police use the Federal Net. I have seen this before. Local cops issued encrypted handhelds.

I have not researched Boston Police Comms. But there is much concern over scanner traffic, WHY did they let the Media follow them everywhere , and WHY was the Media given updates involving the investigation that I witnessed myself on the news?

Look up the legal term privilege. Actually study the term. A drivers license is a privilege. Scanning is .......

I believe the story could be more accurate.

FF-Medic !!!
 

radioman2001

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Sounds this time more like the Media is the culprit, not the scanner traffic.(Think of the Atlanta bombing and what NBC news had to pay in damages to some poor soul after naming his a suspect, and rightfully so) While I cannot confirm it, I'll bet in areas where encryption is used the Media must pest the Police for information, and you know what that's their job. I also don't believe in a free society that any portion of the government should shield it's citizens from information that may affect their safety on a timely basis. I also don't believe that information from official channels is always in the public's best interest and is often redacted or filtered.
If the Police and other government officials believe that Social Media is a problem, just wait it's going to get a lot worse before it gets better.
 

AZScanner

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Under certain circumstances, Painter said he would pursue criminal aiding and abetting charges against people or news organizations that contributed to an officer being injured or a case being compromised.
This right here should give feed providers something to consider. If someone uses YOUR scanner feed to aid them in committing an act of violence against an officer and charges are filed against YOU for providing the audio that made the attack possible, is Broadcastify going to put up a lawyer to defend you? I don't know for sure, but my guess is probably not. Nevermind the fact that charges like that against a feed provider are completely ridiculous, they will still cost you time and money to fight in court and if you lose, you're going to jail.

If this doesn't make it clear that the free unfettered access to these feeds needs to stop, then nothing will. As for me, this has convinced me to NOT host another feed here. If I do host another feed, it will be to paid subscribers on my own server and the TOS for my subscribers will clearly state that they agree to accept all criminal and civil liability for any misuse of the information they hear. I love listening to the live feeds too, but enough is enough. I'd rather lose the feeds than lose the hobby.

-AZ
 

RRR

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The online scanner feeds will be this hobby's downfall.
Agree 100%

Look up the legal term privilege. Actually study the term. A drivers license is a privilege.

FF-Medic !!!
Please do study the term. You will learn a person does not have to be of privileged status to obtain a license, just pass a test and maintain a required driving record, no privilege is involved.
 

milf

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" A drivers license is a privilege."

Actually:

A license is just legal permission for the privilege to use the road system, including the Federal Highway System, which you pay to use by buying said license, tags, stickers etc... Those funds along with other taxation are what keep those roads existing, and hopefully well maintained. (Remember the Federal Interstate Highway System was never built for you the citizen anyway. It was built for movement ofmen, material and weaponry to any given location quickly to provide for rapid deployment in defense of the United States of America.)

Monitoring the public airwaves is not an privilege in any way. It is covered more so under the "Unalienable Right"... "pursuit of happiness". Legal and responsible monitoring is covered under the ECPA, and whatever changes they make in the next year or so to the ECPA. Other various issues with communications are also involved in the Patriot Act, and other legal formats which get into the groovy scary freaky world of National Security, Homeland Security, Anti Terrorism, control your every waking and sleeping moments the government you elect live to do. (And yes sarcasm is fully intended in there.)
 

SCPD

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In the state of Massachusetts it is a privilege to have a drivers license, right in the drivers license manual, as a spare job I did driver education, lived there up until 3 years ago before retiring.
 

pb_lonny

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The world would be a much better place if people would just keep their months shut about what they hear....
 

RRR

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In the state of Massachusetts it is a privilege to have a drivers license, right in the drivers license manual, as a spare job I did driver education, lived there up until 3 years ago before retiring.
Just because someone put that in the manual doesn't make it so. That's about as ridiculous as people saying "pedestrians always have the right of way" (they don't)

Completing an examination and following the rules to enable you to do something that everyone else can also do is not a "privilege"
 

iamhere300

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Seems to me that the release of info gleened from a scanner to 3rd party would violate ECPA

a. You can lister
b, You can go to the scene (so long as you do not interfere)
c. You can watch the event
d. You can photograph or otherwise record

e. YOU CANT TELL ANYONE ABOUT IT.

Being on BOTH sides of this,both a scanner buff,and contracted law enforcement, I know how BOTH sides of the line feels.

NOTE ALSO..it is a violation of HIIPA to divulge ANY info you get from MED CHANNELS (IE amb to hosp freqs) regarding patient info which includes injury and treatment being given.

A "press pass" isnt the golden key it comes with responsibility
1. The ECPA does not say anything about a, b, c, d or e.
2. Not sure what HIIPA is, but HIPAA has NOTHING to do with divulging information you hear on the med channels as a hobbiest.
 

MesquiteWx

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Texas is in the process of taking a really firm stance on this as it is a really big problem but, this is the internet. Don't have to believe me.
 

sc8

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There is just so much information in this thread that makes me scratch my head.

First to that police chief that threatened prosecution of news agencies the only thing I can say to that is good luck. Good luck trying to force fit that to the defenition of aiding and abetting (culpable mental state anyone); Good luck getting a DA to take that leaky bag; Good luck getting a jury to convict; and GOOD LUCK in the federal lawsuit that would be filed immediately.

As for HIPAA, like another member said; HIPAA applies only to COVERED ENTITIES and only to PERSONALLY IDENTIFIABLE INFORMATION. Unless they are using patient names or addresses over the radio HIPAA wouldn't apply (it actually doesn't apply to radio traffic at all if you read it) and even then news media and private citizens are not covered entities.
 
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