Dara Brockmeyer to JOHN (KIKINWING)
show details 4:01 PM (2 hours ago)
John,
I am following up to your original email with some addition information about HB 5194, which Rep. Brady is sponsoring. The idea for the legislation came from the Illinois State Police. I have attached a file with information on the bill. I hope this clarifies the legislative intent.
Dara BrockmeyerDistrict Office DirectorState Representative Dan Brady, 88th District(309) 662-1100202 N. Prospect, Suite 203Bloomington, IL 61704
HB 5194 Discussion Points and Frequently Asked QuestionsPurpose of 20 ILCS 26115/11 – RebroadcastClarification:The intent of the legislation is not to impede the appropriate, and even beneficial, use ofinformation monitored by private citizens via use of scanning radios (in fact, the AmberAlert language is included as an example of appropriate extension to the public ofintercepted traffic). Media rebroadcast of general information in regard to a firedepartment’s response to a major fire; suggesting motorists use an alternate route to avoidthe scene, and other similar beneficial use, need not be a casualty of this legislation.Neither would the post-incident “publishing” of a general public safety response to an incident (fire, accident, etc.) based on intercepted radio traffic.Realistically, the State does not have the resources to develop and maintain an authorization-tracking mechanism to address legitimate news services. Attempts to add verbiage to further define allowable use of intercepted traffic will result in the creation ofloopholes to legitimize illegitimate uses.The intent of the legislation is to:1. ensure the safety of the officers using the police radio by keeping it from becoming atool to be used against them; examples of such activity:a. sharing police location information with a fleeing suspect, fugitive, etc.;b. using officer location and activity information (as gained from monitoring traffic) toorganize and coordinate illicit activities at times/locations where police responsewill be delayed; and c. using officer location and activity information (as gained from monitoring traffic) toorganize and coordinate an ambush of public safety personnel responding to a falsecrime-in-process report.2. allow local citizens who use scanners to monitor police radio traffic for their own information, entertainment, or sense of security to continue to do so; and 3. maintain the integrity of public safety radio system; and4. protect the safety of the citizens by not allowing access to local radio traffic to a world-wide anonymous audience via the internet – potentially supporting the efforts ofterrorists and enemies of the state to study the public safety operations and proceduresthey will address in planning an attack against this state.NOTE:ISP’s position is that local, “off-the-air” interception of public safety radiobroadcasts by the local citizenry using scanning radio equipment should notbe affected by this legislation; unless intentional support of a criminal act isinvolved or results.
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Purpose of 20 ILCS 26115/12 – CloningClarification:The language of 20 ILCS 2615/12 (cloning) was developed as the result of thesoftware/computer-based trunking radio components of the STARCOM21 voice radiosystem. In reality, interference and non-official use of public safety frequencies has been occurring as long as police and fire-fighters have been using (and losing) portable radios.Last year’s unauthorized use of a cloned radio on STARCOM21 (for demonstration andsales/marketing purposes) actually served as the impetus for the drafting of the language.The scope of the bill extends beyond just STARCOM21 to include all public safetybandwidth within the state.Bottom Line:Legislation is applicable to all public safety frequencies, not just STARCOM21.For example: legal access to ISPERN (high-band frequency of 155.475MHz, licensed tothe Illinois State Police) may only be done upon receipt of written authorization granted bythe Director of the ISP, or his delegate.Frequently Asked Questions:
Q.Can citizens continue to monitor public safety radio transmissions oncommercial scanners?
A.Yes; there is no violation of this legislation.
Q.Can HAM radio enthusiast continue to rebroadcast information over-heard onscanners in the interest of public safety?
A.Yes; weather spotters, AMBER alerts, and alerts during critical incidents related to public safety, awareness, and assistance are exempt in paragraph (b).
Q.Can public safety agencies and responders retransmit information from onepublic safety information source to another via licensed radio networks?
A.Yes; advanced written authorization would not be required.
Q.Can print media use information gathered via scanners to “publish” incidentinformation?
A.Yes; advanced written authorization would not be required.
Q.Can “on-air” media sources report on information gathered via public safetyscanners?
A.Yes; advanced written authorization would not be required.
Okay boys and girls here it is. Before I respond and do something "stupid" like quote a president or something I thought I should solicit some input from you, my newest, bestest buddies.... So have at it cause I am replying Monday AM.
(Oops, should of read new posts before I plagerized this thread..... But shows we are having an effect!!!!!!)
And for what it is worth this bill is TROUBLE!!! I hope RR is gearing up and should post a Pay Pal donation request on page 1 to fight this, cause as I said, and belive, regardless of there intent this bill has many, many hidden (UN)-intended consequences not withsatnding the things they are admitting to!! THis is trouble, REAL BIG TROUBLE!!!!!!!!
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