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From: mgargiullo at (Michael Gargiullo)
Subject: Wireless legal to eavesdrop

On Fri, 2004-04-23 at 11:21, D B wrote:
> I have been reading and am wanting some other
> opinions. 
> ( this does pertain only to the US .. my apologies to
> those outside )
> **snip**
> (g) It shall not be unlawful under this chapter or
> chapter 121 of this title for any person--
>     (i) to intercept or access an electronic
> communication made through an electronic communication
> system that is configured so that such electronic
> communication is readily accessible to the general
> public;
>     (ii) to intercept any radio communication which is
> transmitted--
>     (I) by any station for the use of the general
> public, or that relates to ships, aircraft, vehicles,
> or persons in distress;
>     (II) by any governmental, law enforcement, civil
> defense, private land mobile, or public safety
> communications system, including police and fire,
> readily accessible to the general public;
>     (III) by a station operating on an authorized
> frequency within the bands allocated to the amateur,
> citizens band, or general mobile radio services; or
> **snip**
> part III of the above pertains to the bottom 6
> channels of wireless. ( channels 1 - 6 are in the
> amateur radio spectrum )
> Does this mean if someone is not using WEP on those
> channels all their information is as open as something
> I pick up on the police scanner ?
> opinions ?

There are very few freqs the FCC says you can't listen to.  They have
issues if you transmit on freqs your not licensed on though.

If you have the 'receiver', you can listen...  hell if you know where to
look you can listen to open military traffic (Obviously BS traffic, it's
unencrypted).  They get a bit pissed though if you tried to transmit on
those freqs though.

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