larry@kitty.UUCP (Larry Lippman) (03/23/86)
In article <790@ihu1h.UUCP>, parnass@ihu1h.UUCP (Bob Parnass, AJ9S) writes: > From the March 11, 1986 issue of the New York Times: > Cordless Phones Raise > An Eavesdropping Issue > "TRENTON, March 10 - Cordless telephones are at the cen- > ter of a debate in the New Jersey Division of Criminal > Justice over whether current wiretap laws apply to the > interception of conversations pulled out of the air." > ... There was a similar case in Olcott, NY (40 miles NE of Buffalo), about two years ago. It involved two neighbors who were feuding, one of whom was tape recording the cordless telephone calls of the other. A properly executed search warrant resulted in seizing the tapes and recording equipment, and a prosecution was commenced under the eavesdropping statues of the NY State Penal Law. After much todo, a trial by judge resulted in acquittal on all criminal charges. While the judge plainly stated that he felt the eavesdropping was a "rotten thing to do", he could find no criminal violation of the NY State Penal Law. The general legal reasoning behind the decision involved: (1) The user of a cordless telephone operating on citizen's band frequencies has no reasonable expectation of privacy. (2) The eavesdropping did not involve any physical act with respect to the "victim's" telephone line or premises. (3) The eavesdropping consisted merely of using a radio receiver and tape recorder, with those acts in themselves not being criminal. The issue of "disclosure" to third parties of the communications was raised, but since such an act could POSSIBLY be a violation of the federal Communications Act of 1934 law, and the matter being tried was for the state law only, there could be no consideration of this issue. ==> Larry Lippman @ Recognition Research Corp., Clarence, New York <== ==> UUCP {decvax|dual|rocksanne|rocksvax|watmath}!sunybcs!kitty!larry <== ==> VOICE 716/688-1231 {rice|shell}!baylor!/ <== ==> FAX 716/741-9635 {G1, G2, G3 modes} duke!ethos!/ <== ==> seismo!/ <== ==> "Have you hugged your cat today?" ihnp4!/ <==