Illinois State Rep Dan Brady introduces anti-rebroadcast legislation

[KIKINWING]

I was taught in journalism, as well as in many orther classes.. KISS Keep It Simple Stupid! Here it is in pure KISS terminology. Recieving broadcast: Hearing it on your radio or scanner. Rebroadcasting: Taking your reciever and RETRANSMITTING the audio/data over another media. Be it over the phone, internet, or another radio. Thats it. This bill is attempting to stop/regulate the rebroadcast of the original broadcast. If done, it would mean that any REBROADCAST other than OFFICIALLY permitted would be illegal. As is worded it does not ban/regulate the original RECEPTION. Again this could change in committee.

The idea of starting a fund before the bill becomes law may have good intentions but is just not feasable. Use polite but firm wording in e-mails, letters, and or face to faces if your ever lucky enough to get one. If passed into law, then yes start an fund, get some heavy hitting backing, etc... This will make excellent case for all of us that rebroadcast vias the internet. If passed this WILL spread. So it is our best interest to follow it to its conclusion, and be prepared for court cases to set precident for not just United States interests, but worldwide. Adding to this, the FCC has promised to keep freedom for the internet, so this will also test that policy when it makes it to that level. And there in lies where the big guns such as the ACLU and others will be interested.

Yes I agree. Briefly my conversation evolved, quite uneffectively, to the thought how it would apply to Radio Reference. Thereby asking the question as to what is the difference between a scanner in a first position or a scanner to a computer to a speaker 12k miles away. I dont see any, others apparently do. But not withstanding, the one thread that I have yet to see is one like this. Where our very lives (Hobby) is on the line. The apathy speaks. Though one can look at what, 150 posts in 48 hours and many, many more views? Not bad me's think; There is great interest and hope for us yet!! Yes, money in the terms of a fund to attack government regression such as this should be on the radar. My lifes journey has placed me in positions numerous times to encourage thought that has led to change via action/participation. If it isnt said it doesnt enter the equation. Change starts with thought, word and deed. My intent has been to say it and hope and pray it catches on. It doesnt always work, but we must not ever stop trying.

 

[KC9LZJ]

Dan Brady Anti- Rebroadcast bill

Whats to say that the people in Indiana was to broadcast this , what could they do then.. That would sure put an end to the re -broadcast issue , but then he would probably come out with the issue that no one could listen to scanners including Amatuer radio operators ..

 

[Citywide173]

People in adjoining states can do whatever they want, they aren't in Illinois, so as long as they aren't breaking a law of their state, Illinois cannot enforce their laws outside of their jurisdiction. My guess is that the system is too big to effectively monitor it from the periphery.

 

[ibagli]

My guess is that the system is too big to effectively monitor it from the periphery.

The whole thing is impossible to monitor from anywhere, but 40% of Illinois residents live in a county that borders Indiana, so I assume a great deal of the traffic is concentrated in that area.

 

[zerg901]

ILMRadioMan wrote from Location: Wilmington, NC


1. Maybe it is time to start an effort to gain an affirmative right to scan.


Have fun with that one Pete.

If that day were to come, look forward to much more active encryption.

-------------------------

I say -

If there was a affirmative right to scan, then encryption use would be regulated. Otherwise, it would be a pretty useless right.

Peter Sz

 

[FireHousesOfOhio]

I would encourage everyone to take a hard look at the state of Illinois politics in general and the mess it's been in for many years. Then I would remind everyone of the rationalization of bikers when helmet laws first hit and they were correct in it was only a start.

I for one find seat belt laws a farce for the simple reason not having one on in the spring of 1996 saved my life.

 

[blantonl]

People in adjoining states can do whatever they want, they aren't in Illinois, so as long as they aren't breaking a law of their state, Illinois cannot enforce their laws outside of their jurisdiction. My guess is that the system is too big to effectively monitor it from the periphery.

There is only one problem with that - and that is that RadioReference.com effectively does business in Illinois. Thus, Illinois might have some jurisdiction over our platform. IANAL so I would need to retain the services of my attorney to analyze whether or not RR would actually be liable in any instance for hosting feeds on our platform.

 

[mrkelso]

Well i called and left a message for Dan Brady and told him to vte no to his own bill and use his time to put people to work instead of stopping them from listening to our police who we employ via our tax money.

 

[mrkelso]

Springfield Office:
200-8N Stratton Office Building
Springfield, IL 62706
(217) 782-1118
(217) 558-6271 FAX
District Office:
202 N. Prospect
Suite 203
Bloomington, IL 61704
(309) 662-1100
(309) 662-1150 FAX
McLean County


Call and use your voice to oppose this bill

 

[KIKINWING]

There is only one problem with that - and that is that RadioReference.com effectively does business in Illinois. Thus, Illinois might have some jurisdiction over our platform. IANAL so I would need to retain the services of my attorney to analyze whether or not RR would actually be liable in any instance for hosting feeds on our platform.

Commerce is protected under the fourth amendment and no state may restrict the free flow thereof. Now thats not to say they cant try or wont try, they do all the time. Laws. Made by lawyers and fought by lawyers. Somehow I think this isnt what the framers had in mind. Just recently here in Mass. our DOR Department of Revenue attempted to collect sales tax on a man who crossed the border to New Hampshire to buy tires. What stones!!!! It went FLAT, pardon the pun.......

 

[ILMRadioMan]

ILMRadioMan wrote from Location: Wilmington, NC


1. Maybe it is time to start an effort to gain an affirmative right to scan.


Have fun with that one Pete.

If that day were to come, look forward to much more active encryption.

-------------------------

I say -

If there was a affirmative right to scan, then encryption use would be regulated. Otherwise, it would be a pretty useless right.

Peter Sz

1st of all, I really wish you would use the quote feature.

However, that being said, there are already federal regulations protecting encryption. I highly doubt that laws would be passed to restrict encryption of radio systems.

 

[kb2vxa]

Not to hijack the thread, just a comment on interstate commerce so don't bother to reply, only food for thought.

"Just recently here in Mass. our DOR Department of Revenue attempted to collect sales tax on a man who crossed the border to New Hampshire to buy tires."
New Jersey has a "use tax" on out of state purchases but do you think anybody actually reports them? Draw your own conclusion on what happened in Mass., I can't imagine the effect on telephone and on line orders.

 

[Citywide173]

There is only one problem with that - and that is that RadioReference.com effectively does business in Illinois. Thus, Illinois might have some jurisdiction over our platform. IANAL so I would need to retain the services of my attorney to analyze whether or not RR would actually be liable in any instance for hosting feeds on our platform.

Lindsay, you bring up a very good point.....my RI and Mass online feeds (5, soon to be 6) are fed through a Shoutcast server in Chicago.....I may have to contact my hosting provider and move them to their New York location if this passes.

 

[blantonl]

Lindsay, you bring up a very good point.....my RI and Mass online feeds (5, soon to be 6) are fed through a Shoutcast server in Chicago.....I may have to contact my hosting provider and move them to their New York location if this passes.

Ed, this bill only addresses live audio broadcasts that rebroadcast audio from the Illinois State Project 25 trunking system - nothing else.

 

[AZScanner]

Ed, this bill only addresses live audio broadcasts that rebroadcast audio from the Illinois State Project 25 trunking system - nothing else.

What a bunch of useless dreck this bill is. Don't politicians have more to worry about these days than people with scanners and the like? Good grief.

Fine. I say let's get someone to put an amendment in it that the State of Illinois will provide an official online audio feed for the public so they can monitor the system and listen to their tax dollars at work. That oughta be enough to stop the thing dead in it's tracks.

Edited to add: Passing a law is one thing. Enforcing it is another. Case in point: LA City Fire. Took a few years but people finally got the gumption to put feeds up anyway and dare the city attorney to do something about it. Of course he won't, because he knows his interpretation of federal law is flawed. They called his bluff and now we have LA City Fire feeds. If I lived in Illinois, I'd call this bluff too.

-AZ

 

[kd8ati]

What a bunch of useless dreck this bill is. Don't politicians have more to worry about these days than people with scanners and the like? Good grief.

-AZ

I agree. We are going through the worst recession since the great depression and these idiots have nothing better to do with their time then draw up screwed up crap like this? The politicians need to wake up and do some real work.

With reguards to earlier posts...
I think the scanner makers would like this bill if anything. Think about folks. If there are no free online streams, then people have no choice but to go buy their own scanner if they wish to hear what is going on. More money for the scanner makers. Didn't the RIAA go through the same thing when music started being rebroadcast over the internet?

I think the only REAL concern here is MAYBE the fact that criminals have easy access to hear whats going on by simply using their iphone/blackberry, bypassing the few state laws currently on the book about it being illegial to have a scanner in your car unless your a ham. This reminds me of gun laws people try to put into effect. THINK people. If someone is going to rob a bank do you honestly think for one second he is worried about the fact he can not legially carry a gun? I don't think so.

I honestly hope this gets shot down. If it passes I do think we will see a snowball effect.

If it does pass we will need to get our friends in Gary IN (for Chicago) and St. Louis to setup some Yagi antennas and stream. Maybe just for fun they could stream it through a server in IL. Wonder what the law would do at that point? Could not arrest the person streaming because they are outside of IL.

 

[DaveNF2G]

Lots of wildly inaccurate legal statements and assumptions being given here.

Lindsay is correct when he says that he will need the services of his attorney to sort out any potential liability if this bill becomes law. The whole interstate commerce thing, including sales and use taxes for out-of-state purchases, has already been litigated and there is settled law about that. The RR.com lawyer will have to advise as to whether there is a sufficient nexus between RR and Illinois to place RR.com under Illinois' legal jurisdiction.

BTW, interstate commerce is protected by the "commerce clause" of Article I, not the 4th Amendment.

People should really stop guessing at the law. It's a dangerous practice.

 

[zerg901]

ILMRadioMan

A right to scan would be a sea change. Sea change - Wikipedia, the free encyclopedia

Peter Sz

 

[zerg901]

What happens when 49 more states pass this legislation in 2011?

A "right to scan" could be based on -

1. the need for situational awareness for self protection during emergencies

2. the need for citizens to monitor government activities (police, fire, ambulance, public works, etc)

3. the utility of having citizens assist the government and their neighbors during emergencies - https://sites.google.com/site/scannerstorys/home

4. encourages the public to seek careers in public safety and government

5. reduces "what is going on?" calls to 911

6. more?

 

[Squad10]

Anybody know the answers to the following three questions? Please substantiate your answers with source(s), if you can. I do not know the answers, so this is not a quiz.

1. Are any StarCom21 subscriber agencies in arrears to Motorola for subscriptions fees?

2. BESIDES MOTOROLA, what are the manufacturer's names that StarCom21 subscriber agency(s) use that originate or re-broadcast StarCom21 voice and data?

3. Are all StarCom21 Law Enforcement (Peace Officer) mobile and portable subscribers capable of encryption?

I'm in the process of writing a letter to Rep. Brady and am considering addressing the above questions in the letter. I am an IL resident.