[net.ham-radio] Loss of fredom in communications!

GRUPP@MIT-MC.ARPA (Paul R. Grupp) (08/28/85)

I thought this would be of interest to all...
-----forwarded message starts here-----
Date: Thu, 22 Aug 85 20:52:54 EDT
From: Keith F. Lynch <KFL at MIT-MC.ARPA>
To:   Security at RUTGERS.ARPA
Re:   Watching TV

  I don't know if anyone noticed, but a few weeks ago the Supreme Court
threw away a right that Americans have had since day one.
  It has always been the case that everyone had the right to receive any
signal being transmitted on any frequency using any kind of receiver.  You
didn't always have the right to do whatever you wanted with these signals,
such as tell anyone about them, but you could always listen to them (or
watch them) alone in the privacy of your home.
  But now the court has ruled that people are breaking the law if they
watch sattelite TV that is intended to be charged for, even if it not
scrambled.
  Comments?
								...Keith
-----end of forwarded message-----
I was struck with horror and disbelief after reading this message.  The
implications of this ruling set the way for making it a crime to monitor
radio signals unless the sender gives express permission to do so.  I
suppose this could lead to making it a crime to even own certain receiving
equipment!  I've seen this in other countries but NEVER thought it would
happin here in FREE AMERICA!

-Paul

wmartin@Almsa-2 (Will Martin -- AMXAL-RI) (08/28/85)

As a sidenote to this discussion, I recall running across a copy of a House
bill in the government-documents-repository section of my university
library (this was back in the early 60s) which was a resolution or
proposed legislation that explicitly stated that "No regulation or
law shall be interpreted to in any way restrict the right of any 
individual to receive any or all signals transmitted via the electromagnetic
spectrum" (or words to that effect). However, sadly, I believe that this,
one of the few worthwhile pieces of legislation I have ever read, was
never passed. Too bad. If it had been, this nonsense would have never arisen.

Will

jhs@mitre-bedford.ARPA (08/29/85)

Maybe it's time to start pressing for an amendment to the U.S. Constitution
on this point.  "No law, ordinance, regulation, or executive order shall be
valid or binding if it abridges the right of a citizen to receive and gain
information from radio signals from any source whatever."

The manufacturers of scrambling and encryption equipment should be more than
glad to put their attorneys to work polishing up the amendment into a suitable
form of legalese.  Likewise the manufacturers of consumer satellite dish
antennas and VCRs.

There are a lot of tricky issues within Government on this subject, but right
now the mood is to get everybody to "button up" their communications.
Therefore, stating this principle right in the Constitution would be a good
way to relieve everybody of any other protection and force them to focus on
encryption.

The key question is whether or not the public would care enough to vote for
it in a referendum.

						-John Sangster
						jhs at MITRE-Bedford

john@anasazi.UUCP (John Moore) (08/30/85)

>  It has always been the case that everyone had the right to receive any
>signal being transmitted on any frequency using any kind of receiver.

Not true! It is my understanding that it has always been illegal to intercept
common carrier signals, even over the radio. This has been used for years
by Microwave Distribution System operators to prosecute unauthorized
reception of their TV signals (here in Phoenix, HBO). It is certainly in
the American tradition to allow anyone to listen to anything, but it has
not been so in the law for many decades.

>I was struck with horror and disbelief after reading this message.  The
>implications of this ruling set the way for making it a crime to monitor
>radio signals unless the sender gives express permission to do so.  I
>suppose this could lead to making it a crime to even own certain receiving
>equipment!  I've seen this in other countries but NEVER thought it would
>happin here in FREE AMERICA!
>
>-Paul


-- 
John Moore (NJ7E)
{decvax|ihnp4|hao}!noao!terak!anasazi!john
(602) 952-8205 (day or evening)

jhs@mitre-bedford.ARPA (08/30/85)

No they can't!  The proposed amendment said nothing about allowing them
to USE the information.  They can just receive it.  You can encode it if
you care.

						-John S., W3IKG