JAMESRC@QUCDN.QueensU.CA (07/19/90)
Non-Canadian readers may be interested to learn that the British Columbia Attorney General resigned his post because he was recorded uttering various naughties on his cellular phone. The transmission seem to have been picked up by a "free-lance" journalist. I cannot comment on the Canadian legal matters, but my understanding of the opinions I have heard is that it may not be an offence, as I gather it is south of our border, to listen and record such calls. Oops! Rob James, Department of Community Health and Epidemiology, Queen's University, Kingston, Ontario, Canada
Roger Fajman <RAF@cu.nih.gov> (08/01/90)
Given that the laws regarding listening in on cellular phone conversations seem to differ between the US and Canada, I wonder what happens in the border areas where it may be possible to listen to a US conversation from Canada, or vice versa. Whose law applies? I would presume that of the country the listener is in, but I don't really know.
mingo@uunet.uu.net> (08/06/90)
In article <10291@accuvax.nwu.edu> RAF@cu.nih.gov (Roger Fajman) writes: >Given that the laws regarding listening in on cellular phone >conversations seem to differ between the US and Canada, I wonder what >happens in the border areas where it may be possible to listen to a US >conversation from Canada, or vice versa. Whose law applies? I would >presume that of the country the listener is in, but I don't really >know. Under general choice of law principles, a country regulates conduct which takes place within its borders. Thus, if the listener was located in Canada, but the antenna was in the US, the listener could be charged in the US. (Conversely, if it were legal in the US and illegal in Canada, a Canadian listener could still be charged in Canada for listening to US signals.) This issue came up in a related context: Canadian cable companies would obtain a TV signal in the US, and substitute Canadian commercials for the American ones when rebroadcasting the signal on cable systems. The Canadian CRTC rebuffed attempts by the American FCC to restrict this, and the US Congress responded by punitively modifying US tax law to remove business deductions for meetings held in Canada. This can be something of a difficult issue, at times. Charlie Mingo Internet: mingo@well.sf.ca.us 2209 Washington Circle #2 CI$: 71340,2152 Washington, DC Washington, DC 20037 AT&T: 202/785-2089