[net.legal] Radar Detector Legislation

gritz@homxa.UUCP (R.SHARPLES) (08/06/85)

  I heard on the news today that a NJ assemblyman for Middlesex County
  (Schwartz I believe) has introduced legislation making the sale, possession
  and use of radar detectors illegal in New Jersey.  As I am not a resident of
  NJ I cannot contact my representative and complain but I urge all of you
  netters in NJ and everywhere to fight this sort of legislation.

  Radar guns should be unconstiutional but the case has never made it to the
  Supreme Court.  Radar guns are electronic surveillance devices that the
  police use at random on citizens who are driving motor vehicles.  Most
  motorists obey the speed limit (more than half), a few speed (less than
  half, the %s don't matter). However, the police indiscriminately use
  electronic surveillance devices to sample the speed of all cars.  They then
  apprehend the drivers who are exceeding the limit.  A radar detector is the
  citizen's only defense against this invasion of privacy (unwarranted search
  and seizure).  Not to mention the fact that the police radar signal is a
  publicly broadcasted radio signal which, according to the FCC, can be picked
  up by anyone.

  If the government outlaws the use of radar detectors as Schwartz (sp?) has
  proposed, it will be an additional slap in the face for citizens' privacy.
  If the government believes it has the right to use electronic surveillance
  devices on all motorists to catch speeders, what will stop it from using
  electronic surveillance devices to monitor all conversations in public
  places in an effort to catch drug dealers?

  Not only must we fight the government's efforts to confiscate our only
  protection against these electronic surveillance methods but we must fight
  against the USE of these surveillance methods.

  You may flame me for sounding paranoid, but I am angry at the fact that each
  year the government tries to enact more unconstitutional laws to control our
  behavior.

  Russ Sharples
  homxa!gritz

ayers@convexs.UUCP (08/08/85)

/* Written  4:48 pm  Aug  6, 1985 by jay@allegra.UUCP in convexs:net.legal */
I don't believe that anyone who really obeyed the speed laws would
agree that radar guns are unconstitutional or feel his privacy
invaded.  These laws exist for a purpose, and their enforcement helps
keep our roads somewhat safe.  I feel threatened when someone whizzes
by at 80 MPH and cuts in front of me; I *want* someone to be there to
catch these guys...
/* End of text from convexs:net.legal */

So what do speed limits have to do with your argument?  By your own statement,
the only way those people will not drive that way is if there is a policeman
right there with a radar gun.  What you are complaining about is "reckless 
driving," or "speed unsafe for driving conditions..."  There are already 
plenty of laws to cover that.

I always love a "legal" argument that rests on "well, you only stand up 
for the rights of _________ because you're one too..."  It seems so adult.



				blues, II

	(If you meet the Buddha on the road, cut him off for me)

bob@ulose.UUCP ( Bob Bismuth ) (08/09/85)

>   If the government outlaws the use of radar detectors as Schwartz (sp?) has
>   proposed, it will be an additional slap in the face for citizens' privacy.
>   If the government believes it has the right to use electronic surveillance
>   devices on all motorists to catch speeders, what will stop it from using
>   electronic surveillance devices to monitor all conversations in public
>   places in an effort to catch drug dealers?
> 
>   Russ Sharples
>   homxa!gritz

I'm not sure of the logical path which leads from using radar, to detect
speeders, to the government turing into Big Brother and invading everyone's
privacy. However, hasn't every anti-antidector battle been won on the
basis of everyone's constitutional right to monitor ANY electromagnetic
frequency?

I may be wrong, but I believe that many states have had their laws 
over turned using that arguement. My own pet hate is Conn., where it
seems they keep managing to find loopholes to prevent the use of
radar detectors, either by confiscation, fines or increased fines if
you have one in your car (even if it's not turned on).

Anyway, I'd suggest NJ people fight it on the grounds of their right
to listen/monitor.

     --  bob
	 (decvax!ulose!bob)

larry@kitty.UUCP (Larry Lippman) (08/11/85)

>   I heard on the news today that a NJ assemblyman for Middlesex County
>   (Schwartz I believe) has introduced legislation making the sale, possession
>   and use of radar detectors illegal in New Jersey.  As I am not a resident of
>   NJ I cannot contact my representative and complain but I urge all of you
>   netters in NJ and everywhere to fight this sort of legislation.
> 
>   Radar guns should be unconstiutional but the case has never made it to the
>   Supreme Court.  Radar guns are electronic surveillance devices that the ...
>   ...
>   You may flame me for sounding paranoid, but I am angry at the fact that each
>   year the government tries to enact more unconstitutional laws to control our
>   behavior.

	Why not get to the root of the problem and campaign for the abolition
of all speed limit laws?  If states have speed limit laws, then clearly there
must be some method for police to ascertain the speed of moving vehicles.  What
do you want police to do if they have no radar devices?  Work on an honor
system and place roadside signs which say to motorists: "Flash your lights if
you are speeding so we can stop you and write a summons."?
	Radar detectors are devices to facilitate the commission of a crime -
speeding.  Period.  If you feel that a speed limit encroaches upon your
personal freedom then, as I said above, get the laws abolished.
	Also, more sophisticated devices than radar detectors are presently
being developed by at least two companies that I know of.  They use a low
power infra-red laser which works on a doppler principle, and is precisely
aimed at suspect verhicles using an optical sight.  One company is specifically
developing their product around a video camera/recorder which will take
photographs of vehicles exceeding a preset threshhold, with a superimposed
time/date/speed legend.  They even have an optional second generation image
intensifier for nighttime use.  This IR doppler method has been feasible for
many years; only cost has been a limiting factor.  I understand that a cost
of less than $ 5K will shortly be reached, which will make it a viable
product for police department budgets.
	I can't wait to see the detectors for modulated IR...  :-)

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|	Larry Lippman @ Recognition Research Corp., Clarence, New York        |
|	UUCP	{decvax,dual,rocksanne,rocksvax,watmath}!sunybcs!kitty!larry  |
|					    {rice,shell}!baylor!/	      |
|	VOICE	716/741-9185			      syr!buf!/		      |
|	TELEX	{via WUI} 69-71461 ansbak: ELGECOMCLR			      |
|									      |
|	"Have you hugged your cat today?"				      |
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

ark@alice.UUCP (Andrew Koenig) (08/12/85)

> I'm not sure of the logical path which leads from using radar, to detect
> speeders, to the government turing into Big Brother and invading everyone's
> privacy. However, hasn't every anti-antidector battle been won on the
> basis of everyone's constitutional right to monitor ANY electromagnetic
> frequency?

Well it's not exactly a constitutional right, but I think the theory
is more or less as follows:

The Federal government considers the airwaves to be a public resource:
limited in quantity and therefore regulated for the public good.

If you want to use the airwaves, you must obtain a license from
the Federal Communications Commission.  One of the things you give
up as a consequence of obtaining this license is any power to
prevent anyone who wishes from intercepting your transmissions.
That is: a license to use a particular frequency is a license to
BROADCAST on that frequency to ANYONE who wants to receive your
transmission.

It is my undersanding, possibly incorrect, that the FCC insists that
only it has the authority to regulate devices that transmit radio
frequencies, and that no one may enjoin the use of radio receivers
of any kind.  This includes radar detectors.

It is on this basis that several states' laws against radar detectors
have been struck down.  As a practical matter, of course, this does
not stop the states from enforcing their illegal prohibitions anyway.


Disclaimer #1: I am not a lawyer; everything I have said here is my
own opinion and may well be incorrect.  Verify things for yourself
if you want to rely on them.

Disclaimer #2: I have stated what I believe is the Feds' philosophical
justification for their regulation of the airwaves.  I do not agree
with this philosophy: I believe that radio bandwidth should be
private property that is bought and sold like any other property.
However, arguments about legality of radar detectors must be based
on reality as it now exists, not on things as we would like them to be.

peter@baylor.UUCP (Peter da Silva) (08/12/85)

>   police use at random on citizens who are driving motor vehicles.  Most
>   motorists obey the speed limit (more than half), a few speed (less than
>   half, the %s don't matter). However, the police indiscriminately use

In houston I'd say less than 10% of drivers obey the speed limit. When the
guy on radio says "average speed on I-10 is 55MPH" you can bet it's at least
60, maybe 65.
-- 
	Peter da Silva (the mad Australian)
		UUCP: ...!shell!neuro1!{hyd-ptd,baylor,datafac}!peter
		MCI: PDASILVA; CIS: 70216,1076

gritz@homxa.UUCP (R.SHARPLES) (08/13/85)

>From: larry@kitty.UUCP (Larry Lippman)
>
>	Radar detectors are devices to facilitate the commission of a crime -
>speeding.  Period.  If you feel that a speed limit encroaches upon your
>personal freedom then, as I said above, get the laws abolished.
>		.....................

	I take it then, that if the police want to crack down on drug
	traffic in NYC they should feel free to search everybody on the
	streets of NYC.  You never know who will be carrying drugs.
	And, if they want to crack down on people who kill others with
	illegal guns they can feel free to search every house in NYC to 
	confiscate and illegal guns or find any guns that might have been
	used in the commission of a crime.

	Our legal system is set up not to ensure that violaters of laws are
	caught but rather that innocent citizens who are pursing their own
	LEGAL happiness are not subjected to unwarrented and humiliating
	police scrutiny!

>	Also, more sophisticated devices than radar detectors are presently
>being developed by at least two companies that I know of.  They use a low
>power infra-red laser which works on a doppler principle, and is precisely
>aimed at suspect verhicles using an optical sight.  One company is specifically
>developing their product around a video camera/recorder which will take
>photographs of vehicles exceeding a preset threshhold, with a superimposed
>time/date/speed legend.  
>		.....................

	As far as I know current law requires that evidence provided in
	court be validated by a human witness to the crime.  These picture
	taking devices have been around for a long time but have not
	been accepted as legal evidence of a crime.  I guess some people
	aren't comfortable with a machine producing ironclad evidence that
	they committed a crime.

	In Japan they put a time stamp on your turnpike ticket when you start,
	They calculate your average speed when you exit and write you ticket
	if it is over the limit.  I'm they would love to do that on the 
	turnpikes and parkways here execpt that there is no witness as 
	to when and where you were speeding.

>	I can't wait to see the detectors for modulated IR...  :-)

	I can't wait to see the lawsuits when one of those low power
	lasers blasts someone's retina.
	As to defeating it, since its infra-red, just put an IR source on the
	front of the car to scramble the returned signal.  Right now the FCC
	says it's illegal to do that with radar but they have no power over
	IR.

Russ Sharples
homxa!gritz

jeq@laidbak.UUCP (Jonathan E. Quist) (08/14/85)

In article <1101@homxa.UUCP> gritz@homxa.UUCP (R.SHARPLES) writes:
>	In Japan they put a time stamp on your turnpike ticket when you start,
>	They calculate your average speed when you exit and write you ticket
>	if it is over the limit.  I'm they would love to do that on the 
>	turnpikes and parkways here execpt that there is no witness as 
>	to when and where you were speeding.

On at least one turnpike in Indiana the toll is charged
based upon your entry and exit points which are punched
(with the time) on a card.  I've been through it a few time
at average speeds *much* higher than 55, but the driver
wasn't questioned.  (Don't flame me, I wasn't the driver.)
Seems they could save money on extra traffic patrols (assuming
that they run extra squads just to catch speeders), but
then, they would need extra enforcement personnel
at the toll stations to deal with the beligerent gorilla
who's just been told he owes the state 50 bucks.....

Jonathan E. Quist
``I deny this is a disclaimer.''

tw8023@pyuxii.UUCP (T Wheeler) (08/14/85)

Guess what, Sharples (are you related to Mel?), the time stamp is used
on the NJ Turnpike.  You can't see the time anymore, but it is there.
Enter the TP at exit 14 and go south at 90 per and leave at exit 11 and
see what the tolltaker says.  That is if you could average 90 in that distance.
T. C. Wheeler

franka@mmintl.UUCP (Frank Adams) (08/15/85)

In article <1081@homxa.UUCP> gritz@homxa.UUCP (R.SHARPLES) writes:
>  Radar guns should be unconstiutional but the case has never made it to the
>  Supreme Court.  Radar guns are electronic surveillance devices that the
>  police use at random on citizens who are driving motor vehicles.  Most
>  motorists obey the speed limit (more than half), a few speed (less than
>  half, the %s don't matter). However, the police indiscriminately use
>  electronic surveillance devices to sample the speed of all cars.  They then
>  apprehend the drivers who are exceeding the limit.  A radar detector is the
>  citizen's only defense against this invasion of privacy (unwarranted search
>  and seizure).  Not to mention the fact that the police radar signal is a
>  publicly broadcasted radio signal which, according to the FCC, can be picked
>  up by anyone.


A search is the invasion of your privacy.  Radar guns only measure the
speed of your vehicle.  Since your vehicle is moving in public, its speed
is public, not private.  Therefore it is perfectly legitimate to use
radar guns to measure your speed.

There is nothing inherently wrong with *electronic* surveillance devices.
Planting an electronic listening device or hiding and eavesdropping are
equally odious.  Since the police can estimate your speed by looking at
you, they can use an electronic device for the same purpose.  In either
case, if you are exceeding the speed limit by more than the margin of
error for the measurement technique, you can be convicted of speeding.

elric@proper.UUCP (elric) (08/15/85)

One interesting point about radar detector laws......    
In some area where radar detectors are already illegal a few people have been
using radar jammers.
This devices emits microwaves in the same frequency as the radar guns and gives
the cops a garabge reading.
  So there is more them one way to beat Radar Guns.
            elric

gritz@homxa.UUCP (R.SHARPLES) (08/16/85)

>From: tw8023@pyuxii.UUCP (T Wheeler)
>
>Guess what, Sharples (are you related to Mel?), the time stamp is used
>on the NJ Turnpike.  You can't see the time anymore, but it is there.
>Enter the TP at exit 14 and go south at 90 per and leave at exit 11 and
>see what the tolltaker says.  That is if you could average 90 in that distance.
>T. C. Wheeler

Guess what Wheeler, the time stamp is used on probably every turnpike in
the country, but it is not LEGAL EVIDENCE that you were speeding (not yet
at least).  We should probably stop talking about this lest the pinhead
legislators get hold of the idea.

Russ Sharples
homxa!gritz

ark@alice.UUCP (Andrew Koenig) (08/18/85)

> One interesting point about radar detector laws......    
> In some area where radar detectors are already illegal a few people have been
> using radar jammers.
> This devices emits microwaves in the same frequency as the radar guns and gives
> the cops a garabge reading.
>  So there is more them one way to beat Radar Guns.

Of course, jammers are illegal everywhere, not just in a few states.

hgp@houem.UUCP (#H.PAGE) (08/19/85)

>> One interesting point about radar detector laws......    
>> In some area where radar detectors are already illegal a few people have been
>> using radar jammers.
>> This devices emits microwaves in the same frequency as the radar guns and gives
>> the cops a garabge reading.
>>   So there is more them one way to beat Radar Guns.
>>             elric

I assume your definition of beating radar guns includes spending time in the
big house.

tw8023@pyuxii.UUCP (T Wheeler) (08/19/85)

Transmitting any signal with the express purpose of jamming another signal
is INDEED illegal.  Yeah, I know, governments do it all the time.  But, the
point is, to try to circumvent the law in this manner in a no-no.
T. C. Wheeler

braman@dataio.UUCP (Rick Braman) (08/19/85)

> 
> 
> One interesting point about radar detector laws......    
> In some area where radar detectors are already illegal a few people have been
> using radar jammers.
> This devices emits microwaves in the same frequency as the radar guns and gives
> the cops a garabge reading.
>   So there is more them one way to beat Radar Guns.
>             elric

They better hope they never get caught, because if they do they will be in 
big time trouble.  Not only will the police have their way with them but the 
FCC will also want to *talk* with them.

-- 

Rick Braman
Data I/O Corporation
Redmond, WA

UUCP  uw-beaver!teltone!dataio!braman

maa@ssc-bee.UUCP (Mark A Allyn) (08/20/85)

> > . . .where radar detectors are already illegal a few people have been
> > using radar jammers.
> > This devices emits microwaves in the same frequency as the radar guns
> 
> They better hope they never get caught, because if they do they will be in 
> big time trouble.  Not only will the police have their way with them but the 
> FCC will also want to *talk* with them.
> 
> -- 
> Rick Braman
> Data I/O Corporation
> Redmond, WA

Hate to say this, but with all of the de-regulations and Reagan's trimming
of their budget, the FCC probably doesn't have the time or money to be
able to afford to worry about such little things as this when they can't
even control what's being said on TV. 'Last I knew, they've been laying
people off.

Mark Allyn
Boeing Aerospace
Kent, WA
!uw-beaver!ssc-vax!ssc-bee!maa

parnass@ihu1h.UUCP (Bob Parnass, AJ9S) (08/21/85)

x
       Seems like we had this discussion 2 years  ago  on  the
       net.

       Using radar jamming equipment to	foil traffic radar  is
       in violation of several federal and international regu-
       lations:

	  - FCC	Rules &	Regulations:

	       - R&R 89.51 - Station Authorization Required.

	       - R&R 89.117 -  Acceptability  of  Transmitters
		 for Licensing

	  - Communications Act of 1934:

	       - Sec 324 - Use of Minimum Power

	  - International Telecommunications  Commission  Con-
	    vention 1947:

	       - Article 44 - Harmful Interference

	  - International Radio	 Regulations  Annexed  to  the
	    International Telecommunications Convention	1947:

	       - Article 13 -  Unnecessary  transmissions  and
		 superfluous signals

	       - Article 22 - Station license

	  - Geneva Treaty 1959:

	       - Article 1 Sec 3 - Harmful interference

-- 
===============================================================================
Bob Parnass,  Bell Telephone Laboratories - ihnp4!ihu1h!parnass - (312)979-5414

john@gcc-bill.ARPA (John Allred) (08/21/85)

[munch, munch]

I seem to remember reading something to the effect that use of a jammer could 
only be prosecuted by the feds, since it is an offense against FCC regs.  Even
then, if the jammer was using less than 100 milliwatts, it would be legal, at
least in the FCC's eyes.

I also wonder if the average police officer would be able to detect if he had
been jammed, given a jammer that does more that simply confuse the radar gun.
Of course, even a Buford T. Justice could tell if you go wizzing by at 90, and 
your jammer had the radar gun display 55.

Plans for such a jammer are in the back of several car magazines.

ron@brl-tgr.ARPA (Ron Natalie <ron>) (08/22/85)

> One interesting point about radar detector laws......    
> In some area where radar detectors are already illegal a few people have been
> using radar jammers.
> This devices emits microwaves in the same frequency as the radar guns and gives
> the cops a garabge reading.

This is a big federal no-no, you don't need a local law about it.
The FCC can string you up for malicious interference.

elric@proper.UUCP (elric) (08/24/85)

In article <> ark@alice.UUCP (Andrew Koenig) writes:
>
>Of course, jammers are illegal everywhere, not just in a few states.

 That is true, but jammers are harder to spot, as they are not mounted on
the dashboard. They are mounted behind
the grill.
 They also only work on radar guns used in front of you.
  Elric of Imrryr

elric@proper.UUCP (elric) (08/27/85)

<a line>
The plans for a radar jammer that I have access to use a device called a
'Gunnplexer'. Which is supposed also used on dept. store automatic door
openners.
 The devices I believe are fairly low power.
If anyone wants the actual text of the article, just say so.
(Info provided for information purposes only..)
  Elric

john@gcc-bill.ARPA (John Allred) (08/28/85)

In article <257@proper.UUCP> elric@proper.UUCP (Elric of Imrryr) writes:

>The plans for a radar jammer that I have access to use a device called a
>'Gunnplexer'. Which is supposed also used on dept. store automatic door
>openners.
> The devices I believe are fairly low power.
>If anyone wants the actual text of the article, just say so.
>(Info provided for information purposes only..)
>  Elric

Absolutely!!  Post it!!


-- 
John Allred
General Computer Company 
uucp: seismo!harvard!gcc-bill!john

gene@batman.UUCP (Gene Mutschler) (09/05/85)

> Transmitting any signal with the express purpose of jamming another signal
> is INDEED illegal.  Yeah, I know, governments do it all the time.  But, the
> point is, to try to circumvent the law in this manner in a no-no.
> T. C. Wheeler

True enough, but what about RE-transmitting their signal?  Suppose I
spotted a speed trap and turned on my traveling-wave amplifier which
would then amplify the received radar and pump out enough signal to
french-fry the front end of the radar gun.  I haven't originated a signal--
I just sort of helped the radar gun out a little...
-- 
Gene Mutschler             {ihnp4 seismo ctvax}!ut-sally!batman!gene
Burroughs Corp.
Austin Research Center     cmp.barc@utexas-20.ARPA
(512) 258-2495

ron@brl-tgr.ARPA (Ron Natalie <ron>) (09/05/85)

> > Transmitting any signal with the express purpose of jamming another signal
> > is INDEED illegal.  Yeah, I know, governments do it all the time.  But, the
> > point is, to try to circumvent the law in this manner in a no-no.
> > T. C. Wheeler
> 
> True enough, but what about RE-transmitting their signal?  Suppose I
> spotted a speed trap and turned on my traveling-wave amplifier which
> would then amplify the received radar and pump out enough signal to
> french-fry the front end of the radar gun.  I haven't originated a signal--
> I just sort of helped the radar gun out a little...
> -- 
It's still malicious interference.

phl@drusd.UUCP (LavettePH) (09/06/85)

Forget about the technicalities of the electronics.  Interfering with
a police officer in the "lawful performance of his duties" is a *felony*
in most states.

-Phil

hgp@houem.UUCP (#H.PAGE) (09/07/85)

> > > Transmitting any signal with the express purpose of jamming another signal
> > > is INDEED illegal.  Yeah, I know, governments do it all the time.  But, the
> > > point is, to try to circumvent the law in this manner in a no-no.
> > > T. C. Wheeler
> > 
> > True enough, but what about RE-transmitting their signal?  Suppose I
> > spotted a speed trap and turned on my traveling-wave amplifier which
> > would then amplify the received radar and pump out enough signal to
> > french-fry the front end of the radar gun.  I haven't originated a signal--
> > I just sort of helped the radar gun out a little...
> > -- 
> It's still malicious interference.

Now what what would happen if I went out and bought a RADAR gun ($2000 ?)
and drove with is pointing toward oncoming traffic ???

-- 

Howard G. Page

AT&T Bell Laboratories, HO 3D-534
(201) 949-0366
..!ihnp4!houem!hgp

foy@aero.ARPA (Richard Foy) (09/10/85)

In article <373@houem.UUCP> hgp@houem.UUCP (#H.PAGE) writes:
>> > > Transmitting any signal with the express purpose of jamming another signal
>> > > is INDEED illegal.  Yeah, I know, governments do it all the time.  But, the
>> > > point is, to try to circumvent the law in this manner in a no-no.
>> > > T. C. Wheeler
>> > 
Is it illegal for the governments to do? Under what juristicion? What are the
penalties, for governments, for individuals?

elric@proper.UUCP (elric) (09/19/85)

In article <> gene@batman.UUCP (Gene Mutschler) writes:
>> Transmitting any signal with the express purpose of jamming another signal
>> is INDEED illegal.  Yeah, I know, governments do it all the time.  But, the
>> point is, to try to circumvent the law in this manner in a no-no.
>> T. C. Wheeler


 Well, a company called Phillps-Tech (I think) is selling Radar Detector 
(@ about $150.00 each).
It says in their ad 'Not FCC approved'.
So it can't be all that illegal, and I know they are a legit company because
I've bought a microwave TV anteena from
them.
   Elric

elric@proper.UUCP (elric) (09/22/85)

In article <> gene@batman.UUCP (Gene Mutschler) writes:
>> Transmitting any signal with the express purpose of jamming another signal
>> is INDEED illegal.  Yeah, I know, governments do it all the time.  But, the
>> point is, to try to circumvent the law in this manner in a no-no.
>> T. C. Wheeler


 Well, a company called Phillps-Tech (I think) is selling Radar Detector 
								^jammers^(not detectors)
(@ about $150.00 each).
It says in their ad 'Not FCC approved'.
So it can't be all that illegal, and I know they are a legit company because
I've bought a microwave TV anteena from
them.
   Elric