mmckenna
I ♥ Ø
Can anyone point me to an official resource/link that says listening to encrypted radio communications is illegal? All I was able to find was this from the FCC:
This may be what you are looking for:
Can anyone point me to an official resource/link that says listening to encrypted radio communications is illegal? All I was able to find was this from the FCC:
I personally don't see how listening to public service radio (encrypted or not) should be a crime.
Thank you! I wonder how many people have been convicted for merely listening to encrypted public service...
I would make the argument that it would have to be accidental if it were to actually happen given the odds of intentionally breaking it.I don't know.
My guess, not many. They'd have to be dumb enough to share what they heard in such a way that it would be obvious they'd done it.
Modern encryption (AES256) makes it impossible(*) to accidentally intercept. The ability to intercept it would usually indicate that they had illegal access to equipment or keys.
* impossible, someone will no doubt want to argue that.
I would make the argument that it would have to be accidental if it were to actually happen given the odds of intentionally breaking it.
Google got sued over it.Thank you! I wonder how many people have been convicted for merely listening to encrypted public service...
Hmmm...not really the same thing. They were collecting unencrypted wi-fi traffic. I was talking about listening to encrypted LEA traffic.Google got sued over it.
Joffe v. Google, Inc., No. 11-17483 (9th Cir. 2013)
Plaintiffs filed suit against Google under the Wiretap Act, 18 U.S.C. 2511, after the antennas and software installed in Google's Street View cars collected basic identifying information transmitted by Wi-Fi networks, as well as gathered and stored "payload data" that was sent and received over...law.justia.com
Once the Government gets a fast enough computer with enough Teraflops, they might be able to brute force it, sometime in the next millenium....I don't know.
My guess, not many. They'd have to be dumb enough to share what they heard in such a way that it would be obvious they'd done it.
Modern encryption (AES256) makes it impossible(*) to accidentally intercept. The ability to intercept it would usually indicate that they had illegal access to equipment or keys.
* impossible, someone will no doubt want to argue that.
No, still impossible.Once the Government gets a fast enough computer with enough Teraflops, they might be able to brute force it, sometime in the next millenium....
Actually it is, at least as far as the statute viewing it as being the same thing. The statute prohibits interception of communications not “readily accessible to the general public”. Encryption is only one example of meeting that criteria. The 9th circuit ruled that the wifi data in question met the same standard of not readily accessible to the general public that encryption does. So encryption is not the legal standard. It's just one example of it.Hmmm...not really the same thing. They were collecting unencrypted wi-fi traffic. I was talking about listening to encrypted LEA traffic.
VIRGINIA BEACH, Va. — Police radio scanners are now silent in Virginia Beach.
On Thursday, police flipped the switch, encrypting more than 2,000 radios in the city. The switch happened around 1 p.m. and police officers could be heard directing their colleagues to switch over to the encrypted channels.
"No communication for police traffic is going to be able to be heard on any of our scanner devices,” said Virginia Beach Police Captain William Zelms.
The California Department of Justice recently mandated that California police agencies no longer broadcast any PII over open airways. This requirement has led to approximately 120 departments in their state adopting radio encryption as of May 2022.
Palo Alto Mayor Tom DuBois said Friday (Jan. 8) that the police department’s move to encrypting its radio transmissions was a mistake.
Palo Alto police began encrypting their radio transmissions Tuesday (Jan. 5) to stop transmitting personally identifiable information over the airwaves because of a policy memo from the state Department of Justice last October.
Both the Post and the Palo Alto Weekly published editorials Friday criticizing the encryption, a rare move for the two papers, whose editorial pages hardly ever agree.
“I think staff felt like it was a smaller issue than they expected and they kind of made a bit of a mistake there,” Wednesday that the policy was “probably a good idea in terms of protecting people’s information,” but changed his mind because of reporting and editorials published by the two papers in town. DuBois said the council will bring a discussion on the radio encryption to a public hearing in late February because the “two newspapers basically rely on this information.”
Vice Mayor Pat Burt said he wants the scanners to be a topic of public discussion, instead of sweeping the decision under the rug.
“I think that the way that they did it without understanding the point of view of the council and the press and how this might impact transparency in the community is clearly a mistake,” Burt told the Post. “We may end up concluding still that we don’t have any better alternative in meeting the state legal requirements, but the department of justice directive didn’t say it must be encrypted scanners.”
Burt said he, DuBois, City Manager Ed Shikada and Police Chief Bob Jonsen all agreed police “underappreciated how this change would be reviewed” by the public when police implemented the encryption without public input.
The group also discussed that police have had trouble keeping up with public information requests and media inquiries because of budget cuts to the police department that removed public information officers and the head of police dispatch from the department.
Burt added the lack of public radio transmissions, coupled with reduced staff and budget cuts to police, “clearly reduced the transparency” of the police department.
On February 08, 2022, VBPD apprehended two individuals, breaking in through the roof of a local Food Lion store to steal a safe. Officers were in the immediate vicinity when the call was dispatched and were able to contain the suspects on the roof. Upon arrest, officers discovered the suspects had been monitoring police response to their location through unencrypted radio transmissions on a scanner application. Had these suspects been armed, this arrest could have ended in tragedy.
I cannot get behind this argument, I’m sorry.Dont tax payers pay for the police and their radio systems? We all need to remember that government is and will always be taxpayer funded. They work for us and the toys they use are ours.
He's really going to cite another state as the reason for encryption? Really? Well in Alabama, it's illegal for a person to walk down the street with an ice cream cone in their back pocket. Protecting the identities of potential juvenile suspects. wow. Then dispatchers used to use coded language when following bank robbery suspects with tracking devices? What? huh? Maybe police nationwide included those unencrypted should go back to "coded language" if its as much as a liability as he admits
- The California Department of Justice recently mandated that California police agencies no longer broadcast any PII over open airways. This requirement has led to approximately 120 departments in their state adopting radio encryption as of May 2022.
- In Virginia, state code mandates law enforcement to protect/restrict the identity of victims of sexual assault and juveniles who are victims of crime or who are subject to arrest.
In addition to protecting our citizens, protecting our officers who respond to calls for service, regardless of circumstance, is also of paramount concern. There are numerous examples where criminals utilized technology to track police movement and locations to facilitate criminal activity and thwart apprehension, such as the recent example below: Upon arrest, officers discovered the suspects had been monitoring police response to their location through unencrypted radio transmissions on a scanner application. Had these suspects been armed, this arrest could have ended in tragedy.
Ah yes, the old classic "I pay your salary!"