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What is the legality of receiving broadcast radio signals

Sent to Legal Experts February 17 09:34 PM

If person is broadcasting their voice willingly over radio freq. is it legal to listen to what they are broadcasting.

For example, if I place a wireless microphone on my person and cause it transmit signal, do i have any expectation of privacy of what i broadcast over that microphone.

 

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fayetteville , Georgia

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February 17 9:45 PM (11 minutes and 1 second later)
         
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Basically, it depends on the circumstances of the case. For guidance, I would look at the following case: CLICK HERE.

In this case, the Court effectively stated that cordless phones, while they do broadcast radio signals, give the user a reasonable expectation of privacy. People think that they are just like other phones.

The circumstances would be very similar to those of a wireless microphone, unless there was something about the use of the microphone that would let the user know that other people could easily listen in.

Although the case could go either way depending on the exact circumstances and use, it would be dangerous to listen in to such conversations as the potential for criminal liability would be great.

If this information was helpful, please click ACCEPT to give me credit for answering.


DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.
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February 17 9:51 PM (6 minutes and 12 seconds later)
         
Here is more facts. A person is placing on their person a wireless microphone transmitter. They know that it transmits their voice and anything around them over radio frequencies. It is a broadcast signal, but not a telephone or other personal communications device, but a wireless microphone. any receiver tuned to that frequency can pick up and listen/record what is broadcast over that frequency and it would seem to me that if the person chooses to place this transmitter on their person they would realize that they are broadcasting their voice. take for example the number of snafus that our last two presidents of encountered when they forgot they were wearing a microphone and made statements that were heard by others. The signal is broadcast without being encoded for security and therefore I believe it to fall under the fcc regulation that allows any broadcast signal to be received. Similar to the argument with radar detectors that suggest radar detectors are legal because the simply receive a broadcast signal. This this give you more to go on?
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February 17 10:07 PM (16 minutes and 6 seconds later)
         
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February 17 10:13 PM (5 minutes and 41 seconds later)
         
It was helpful, and i will click accept but I need a little more closer. A a pastor put on a microphone that he knows broadcast his signal. I heard something that he said while he had that microphone on. He placed it on his person, he broadcast the signal he as the fool who said things he should not have said and broadcast it all over the neighborhood. I heard it from a house down the street. Regardless of weather i should have listened to it and or recorded it. Because he broadcast it on an open UHF frequency, did I violate a federal law? Can I use the information that I heard. Thanks.
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February 17 10:42 PM (28 minutes and 59 seconds later)
         
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February 18 3:19 PM (16 hours and 37 minutes and 11 seconds later)
         
so you are saying that if I did it intentiaonally then I violated some federal law? Can you tell me what Law that is, even if I need to pay more money. I need that the actual law to reference. Because I am told by a 30 year veteran of a major metro investigative department that if this pastor chose to broadcast his voice over radio freq. there is abosolulty nothing illegal about it. According to FCC any broadcast signal can be freely received. I need some actual law to refer to on either side of the matter. Again if necessary I will pay additional amounts, but I need the actual code.
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February 18 4:02 PM (42 minutes and 23 seconds later)
         
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February 21 1:52 AM (2 days and 9 hours later)
         
Law Posted from the sight in which you provided a link:

(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;

This is posted from the federal law that you sent me.

The transmitter used by the other party is readily accessible to the general public. This transmission device was willfully purchased by the other party. It was willfully worn on the person of the other party, and willfully powered up and made to transmit by the other party. This transmission device can be purchased at any electronics store and the electronic communication is readily accessible to the general public. It is not encrypted or encoded. Anyone who ownes the same brand wireless microphone would be able to hear the communications broadcast by the other party and it does not afford any expectation of a right to privacy.

Am I not reading this law correctly?

If I am, because this other person chose to broadcast his conversation on a device that is readily accessible to the general public, he is stupid and has opened up his conversation to any member of the general public who wanted to hear it. Essentially he chose to broadcast his conversation publicly on the radio. Not to bright of course, but unless I am completely misreading this law it is well within the realm of legality to listen to this persons public radio broadcast.
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February 21 1:54 AM (2 minutes and 6 seconds later)
         
I am not willing to pay an additional $45.00 for this that information. I will however be willing to pay some amount. I do no know how to pay a lesser amount however.

Thanks
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February 21 3:53 PM (13 hours and 59 minutes and 33 seconds later)
         
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