Scanner Recordings

[indepmo]

Hi.

Would it be too much to ask for a forum dedicated to scanner recordings?

I think it could serve a couple of purposes.

1: Sharing interesting recordings with other members of the forum
2: A place to educate and debate how dispatchers operate, or how an
incident is handled by PD/FD/etc
3: A place for members of the forum to get assistance with recording
or streaming questions

Scanner Recordings
|
|_ _ Recording And Streaming Support
|
|_ _ Recorded Scanner Incidents

I know there are many other recording buffs like myself that lurk about
here.

Thanks!

 

[Al42]

Aside from the fact that it would be illegal as anything ...

 

[HabboX]

It is not illegal in Texas.

 

[twolf816]

what is illegal? recording audio?

 

[JnglMassiv]

Even mentioning information heard on the scanner to another person is unlawful. Certainly recording, publishing, and documenting that activity is completely illegal. This is by federal law and is regardless of the state.

 

[twolf816]

then i guess they dont notice the hundreds of live scanner sites. one even sells recorded audio. very popular. i think they would have noticed it. also, lots of government agencies have online live scanner audio. explain that. :roll:

 

[scannerfreak]

then i guess they dont notice the hundreds of live scanner sites. one even sells recorded audio. very popular. i think they would have noticed it. also, lots of government agencies have online live scanner audio. explain that. :roll:

Sure, I'll explain it It's their radio communications, so they are free to do what they want with it. However, Technically, It would be illegal to reveal what you hear on an online scanner to anyone.

Who sells recorded scanner audio?

If you have a live scanner on the web, Technically you are not reveiling anything, you are simply letting people hear for themselves.

From the Strong Signals Web Site:

USA:


# Illegal to monitor cellular phone transmissions
# Illegal to monitor cordless phone transmissions
# Illegal to monitor scrambled/encrypted signals
# Illegal to monitor SCA signals
# Illegal to monitor voice paging signals
# Illegal to monitor remote radio-TV broadcast signals
# Illegal to monitor outside residence in a few states
# Illegal to monitor by convicted persons in a few states
# Illegal to monitor in vehicles in some states
# Illegal to manufacture cellular-capable receivers
# Illegal to modify to receive cellular signals
# Illegal to import cellular-capable receivers
# Illegal to use as an aid in commission of crime in most states
# Illegal to use information heard for personal gain

# Illegal to disclose or publish information heard to third party (for signals which are NOT "readily accessible to the public")


Make you're own interpitation of the last one, but something tells me if the Government wanted to, they could make it mean anything they wanted to.

One of these days someone will publish recorded scanner audio that will piss someone off, then the enforcement will begin. Until then, I think the FCC has bigger and better fish to fry is why we haven't heard any enforcement.

Canada and the UK both have similar laws about reveiling comms heard. It's a fine line, that's for sure..One I'm sure Lindsay doesn't want to walk.

This info is true to the best of my current knowladge, If I am wrong in anyway,please forgive me

 

[Al42]

# Illegal to disclose or publish information heard to third party (for signals which are NOT "readily accessible to the public")

Communications act of 1934, so it's been illegal for quite a while. It's illegal unless 1) you're a party to the communication or 2) the communication is broadcast. (This would include TV, broadcast radio and ham radio for some reason. It would not include most public service transmissions.)

If someone is doing it, or if on-line scanners are illegal, that doesn't change the law. I haven't heard of anyone being prosecuted for "disclosing" something they heard on a non-broadcast transmission (except for a particular cell phone case), but if someone is he'll have no legal leg to stand on. "Everyone does it" isn't a valid defense.

That said, although I wouldn't participate in posting to that thread, feel free. I won't flame anyone for doing it, and listening to the "disclosure" has never, to my knowledge, been found to be a violation.

 

[dave3825]

[quote="scanner_freak]
# Illegal to disclose or publish information heard to third party (for signals which are NOT "readily accessible to the public")


[/quote]
Cant the public go to radio shack

 

[flyingwolf]

Yes they can. However as you must buy and learn to use an expensive product it isnt exactly considered easily accesable.

Besides that was written when you couldnt go to radioshack and buy a premade scanner.

It was written when you had to make or otherwise know how to work with electronics.

 

[JnglMassiv]

Of course, this is an example of a poorly (at best) enforced law. There are many violators and I suppose most any scanner listener has bent or even partially fractured this law at some time or another.

The problem is that if a separate forum was created or an atmosphere fostering blatant illegal activity occurring regularly, when the time came for the law to be enforced, probably due to a scandal or very public criminal act, the heat would fall first on the number one scanner resource out there...That is, right here.

 

[twolf816]

the heat would fall first on the number one scanner resource out there

i think that theres nothing wrong with it, but i agree

 

[Al42]

Yes they can. However as you must buy and learn to use an expensive product it isnt exactly considered easily accesable.

Besides that was written when you couldnt go to radioshack and buy a premade scanner.

It was written when you had to make or otherwise know how to work with electronics.

"Accessable to the public" means intended to be accessable by the licensee. IOW, broadcast to the public. If it's not broadcast, and you're not a party to it, you can't disclose it to a 3rd party. (The Communications Act defines what "broadcast" means, and it doesn't apply to most of what we listen to.)

 

[Al42]

Of course, this is an example of a poorly (at best) enforced law. There are many violators and I suppose most any scanner listener has bent or even partially fractured this law at some time or another.

Since I learned how to stream audio I do it constantly.

But, as you say, unless something happens the law probably won't be enforced.

 

[MississippiPI]

Recording Scanner Traffic

I worked in a television newsroom for 6 years. We would use "natural (nat) sound" to open a story or to get the attention of the viewer. No more than 10 seconds though and it couldn't be any traffic with names, or tag info, etc. That was legal for us to do that and did so many times but we always erred on the side of caution; you have to be careful what you disclose from what you hear on the scanner; just because the police or dispatch says it, doesn't make it gospel...Be safe

 

[indepmo]

I was not aware that publishing recordings was illegal in any
way shape or form. I would only assume that a public emergency
broadcast would be considered public information.

A couple of things I have alway tried to avoid was publishing
names of minors involved in incidents (if I even published them at all),
and avoiding publishing things such as deaths, names of victims
involved in crimes and suspected names of suspects that were not
confirmed.

I did seek legal advice prior to setting up my website, and I was told that
the information was public information and that it fell into a different
category as opposed to rebroadcasting clips from radio stations or
television that strict license rebroadcast restrictions.

I think there is more harm in streaming live audio than publishing
recordings. A good example would be:

A man is holding a hostage in a residence and they don't own a scanner,
but they have DSL. The suspect is familiar with a website that streams
live audio of that local police department and he is monitoring it knowing
where the officers are located, and what their next move is.

Did this happen? Not that I am aware of, but it's a scenerio that could
play out, and that's why I no longer stream audio.

 

[Al42]

I was not aware that publishing recordings was illegal in any way shape or form. I would only assume that a public emergency
broadcast would be considered public information.

Since it's not broadcast (defined as AM, FM and TV broadcasting and ham radio for some strange reason) and the person disclosing it isn't a party to the conversation, it's expressly prohibited by the Communications Act of 1934.

I did seek legal advice prior to setting up my website, and I was told that the information was public information

As I said, PS transmissions are specifically spelled out in the law as not being public information. Only information broadcast by stations licensed to broadcast to the public can be disclosed by the hearer, unless the hearer is a participant in the conversation.

Whether it's right, wrong, safe or dangerous to disclose what you hear on a scanner is irrelevant to the law - it's illegal. Whether it's a police broadcast about a stakeout, a fireman calling to get a hose charged or a Domino's delivery kid asking what color the house he's delivering to is, you can't disclose what you heard.

 

[indepmo]

Now I can talk stupid
lol

I did pay taxes that paid for that officers salary and the equipment he/she is using.

All kidding aside, if I am asked to remove any of the recordings or the site itself, I will tear it all down.

Kinda sad when about 1/2 a dozen of the officers email me praising my site and they even download recordings with situations they were involved in. One officer stated he used to go to dispatch requesting recordings because he archives his career, but it sometimes takes up to 6 months. I was glad to be of service to those who serve my area.

 

[scannerfreak]

All kidding aside, if I am asked to remove any of the recordings or the site itself, I will tear it all down.

Why would you do that when you have already sought legal advise and been given the go ahead?

 

[indepmo]

After reading all the responses here, I pulled it down.
Good advice is hard to come by.

I probably do need to look into this more, but from the looks of
all the replies here maybe I shouldnt