if you own a scanner and like to use it...or just feel that the airwaves
belong to you.....write your congress person
---------- Forwarded message ----------
Date: Thu, 7 Aug 1997 09:13:05 -0400
From: Larry Van Horn <steditor@GROVE.NET>
To: Multiple recipients of list SCAN-L <SCAN-L@UAFSYSB.UARK.EDU>
Subject: Legislative Alert: Tauzin Drops a Bomb Shell (HR 2369)
Please give this information the widest possible dissemination on all hobby
forums. The author of this message grants permission to repost or reprint
the information below unconditionally.
Here is the latest legislative threat to the monitoring hobby. Folks this
bill is pure poison to all branches of the radio hobby. In particular. I'm
extremely concerned with section 3 of this bill amending the Communications
Act of 1934. Every radio listener and ham needs to contact their elected
officials in Washington and voice opposition to this bill.
Unlike the Markey bill, HR 2369 does have cosponsors and given the timing in
the legislative calendar, I feel it does have an excellent chance of getting
through Congress this session. This bill has the same provisions in it as
the Markey bill (HR 1964) plus the new language on scanner mods in section 1
and the new very restrictive language for the Comm Act of 34 in section 3.
This effects every radio listener from shortwave right on up to the
microwave regions. If your hobby is listening to something other than
broadcast radio or television, ham or CB this bill could and probably will
effect you.
Bottom line:
I will be posting additional info and analysis after we talk to the legal
folks. On the surface, this doesn't look good at all. We are going to have a
major fight on our hands here.
Best Regards,
Larry Van Horn
Assistant Editor/Managing Editor
Monitoring Times/Satellite Times
P.O. Box 98
Brasstown, NC 28902
<<<<Here is the bill -- snip>>>>
HR 2369 IH
105th CONGRESS
1st Session
To amend the Communications Act of 1934 to strengthen and clarify
prohibitions on electronic eavesdropping, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 31, 1997
Mr. TAUZIN (for himself, Mr. MARKEY, Mr. OXLEY, Mr.
GILLMOR, Ms.ESHOO, and Ms. MCCARTHY of Missouri) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To amend the Communications Act of 1934 to strengthen and clarify
prohibitions on electronic eavesdropping, and for other purposes.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Wireless Privacy Enhancement Act of
1997'.
SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING
DEVICES.
(a) PROHIBITION ON MODIFICATION- Section 302(b) of the
Communications Act of 1934 (47 U.S.C. 302(b)) is amended by
inserting before the period at the end thereof the following: `, or
to modify any such device, equipment, or system in any manner that
causes such device, equipment, or system to fail to comply with
such regulations'.
(b) PROHIBITION ON COMMERCE IN SCANNING RECEIVERS-
Section 302(d) of such Act (47 U.S.C. 302(d)) is amended to read
as follows:
`(d) The Commission shall prescribe regulations denying equipment
authorization (under part 15 of title 47, Code of Federal
Regulations, or any other part of that title) for any scanning
receiver that is capable of--
`(1) receiving transmissions in the frequencies allocated to
any commercial mobile service (as defined in section 332(d),
`(2) readily being altered to receive transmissions in such
frequencies,
`(3) being equipped with decoders that convert digital
commercial mobile service transmissions to analog voice audio, or
`(4) being equipped with devices that otherwise decode
encrypted radio transmissions for the purposes of unauthorized
interception.'.
(c) IMPLEMENTING REGULATIONS- Within 90 days after the date of
enactment of this Act, the Federal Communications Commission shall
prescribe amendments to its regulations for the purposes of
implementing the amendments made by this section. In prescribing
such amendments, and in response to subsequent changes in
technology or behavior, the Commission shall review and revise its
definition of the term `capable of readily being altered' as
necessary to prevent commerce in devices that may be used
unlawfully to intercept or divulge radio communication.
SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF
COMMUNICATIONS.
(a) AMENDMENTS- Section 705 of the Communications Act of 1934
(47 U.S.C. 605) is amended--
(1) in the heading of such section, by inserting
`interception or' after `unauthorized';
(2) in the second sentence of subsection (a), by striking
`and divulge' and inserting `or divulge';
(3) in subsection (e)(1)--
(A) by striking `fined not more than $2,000 or'; and
(B) by inserting `or fined under title 18, United States
Code,' after `6 months,'; and
(4) in subsection (e)(3), by striking `any violation' and
inserting `any receipt, interception, divulgence, publication,
or utilization of any communication in violation'; and
(5) in subsection (e)(4), by striking `any other activity
prohibited by subsection (a)' and inserting `any receipt,
interception, divulgence, publication, or utilization of any
communication in violation of subsection (a)'.
(b) RESPONSIBILITY FOR ENFORCEMENT- Notwithstanding any other
investigative or enforcement activities of any other Federal
agency, the Federal Communications Commission shall investigate
alleged violations of section 705 of the Communications Act of 1934
(47 U.S.C. 605) and may proceed to initiate action under section
503 of such Act (47 U.S.C. 503) to impose forfeiture penalties with
respect to such violation upon conclusion of the Commission's
investigation.
"Satellite Times Magazine - We cover space from LEO to GEO and beyond."
E-mail address: steditor@grove.net; Home Page: http://www.grove.net/hmpgst.html
Telephone: 704-837-9200; Fax: 704-837-2216 (Brasstown, NC)
Personal home page-Utility World: http://www.grove.net/~larry/uteworld.html
=:o =:o =:o =:o =:o o:= o:= o:= o:= o:= o:=