[net.legal] Complete freedom of radio/TV reception!

wa263@sdccs7.UUCP (bookmark) (08/05/84)

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	I can remember reading catalogs that offered microwave dishes,
amplifiers, and frequency converters for sale, proudly announcing
their eminent suitability for intercepting and using signals from
local CATV/cable operators' distribution networks.  These weren't
satellite dishes, just little (1-2 foot) antennae.  I thought that
was pretty clever at the time, and still do.

	All of these new (and evil) laws restricting receivers
should be abolished.  It used to be that one could *receive* any
signal that happened by.  The law protected the contents of the
signal if they were private or personal, but not the signal itself.
Narrowcast material, whether private or part of a common carrier's
service, was only protected from *re-distribution* -- anybody who
heard it (through their receiver) in real time (as it came by over
the ether) was not a lawbreaker.  (You had to be in the same room
as the radio, listening as the message came across.) (This discussion
of audio is applicable to television, too.)

	When radar detectors got popular a few years ago, some
States tried to enact laws against their use.  They were usually
struck down by Federal preemption (Comm. Act of '19, `34, et seq.) 
because *receivers* couldn't be outlawed.  I think these new state
laws forbidding the ownership of unauthorized pay-TV decoders
*ought* to be struck down too.

	Any laws that regulate receivers *unavoidably* require the
violation of privacy and protections against search and seizure.
This is because receivers are *quiet*.  They emit nothing, so to
find them, you have to go looking, and tear apart peoples' houses to
find their illicit circuitry.  Or else, maybe, you have to use
informers.  This stinks.  Better to leave recievers unregulated.

	Nobody used to worry about interception, because the
equipment required was beyond most people's means and technical
ability.  Radio communicators used to pay a lot, by the standards of
the time, to purchase the ability (equipment and engineers) to use
radio.

	Now that times have changed, they want to avoid the new
investment that technological advance usually demands.  Instead of
going to encryption for protection, they want laws (and demand their
expensive enforcement) to punish people who receive their signals.

	It's the same as the non-competitive auto industry demanding
car embargoes (or high tarriffs) against Japan.

	The firms that use the airwaves and want privacy should
encrypt their signals.  If pirates build their own decryption
devices, then the transmittors can get better ciphers.  The
technology already exists to encipher the signal so well that almost
no pirate could cryptanalyze it.


	I do think that a law against re-distribution of intercepted
signals should be enforced.  No one should be permitted to videotape
movies off of satellite signals, duplicate the tapes, and then sell
or give them away.  But, if people want to invest in the gear
necessary to watch or listen to *any* goddam signal while it's
passing through, they should be able to do so.


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