mes (07/07/82)
If I understand correctly, the problem in Canada with the Fuzzbusters is
applied nationally - if not a national law, at least all provinces have
their versions of the law. (somebody correct me if I'm wrong). Here, though,
we have NJ, NY, CT, PA and MD all allowing detectors (although they are
certainly not smiled upon), and DC, VA, et al, that not only prohibit the
use of the detectors, but the posession of them! (that's right folks - go
check the law sometime)... So, we have hypothetical situation : I'm driving
from NJ to FL, and you have to go through VA unless you detour through
Omaha... therefore, I must break the law, because I carry one of the dirty
machines in my trunk while I pass through...
I guess the point is, as was made in the last article I saw, does the
desire to obtain knowledge of police activity inherently infer a desire
to enter into some criminal act? I don't believe so... but I can sure
imagine the flaming on this point!
The other criteria here in US is the Communications Act of 1934, which does
essentially state that you can listen to whatever you wishes, but you've
got to keep it to yourself. Therefore, I should be able to use my detector
with no problem, but I can't holler over my CB that there is a cop over
yonder... I believe that the law states that you can't divulge information
gathered during a radio broadcast, and just the knowledge of the transmitters
location, to my, is `knowledge'. (For much, much, more on the CA34 bit, see
net.video... much flaming). But, since the courts decided that radio
communication falls under the catch all of interstate commerce, and therefore
regulation is reserved to the federal government, how can the individual
states develop any laws et al that cover electromagnetic detection
equipment?
This could be extremely (and is, in court cases in VA and DC) controversial.
Because of the nature of the topic, I believe that poor judgements are being
made by people (ie, judges, juries) that are quite uninformed in the area...
Comments are welcome...by mail, please, if not of general
interest....
Mike
...harpo!zeppo!mes