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From: ark@alice.UUCP (Andrew Koenig)
Newsgroups: net.auto,net.legal
Subject: Re: Radar Detector Legislation
Message-ID: <4132@alice.UUCP>
Date: Sun, 11-Aug-85 19:34:01 EDT
Article-I.D.: alice.4132
Posted: Sun Aug 11 19:34:01 1985
Date-Received: Wed, 14-Aug-85 22:38:45 EDT
References: <116@ulose.UUCP>
Organization: Bell Labs, Murray Hill
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> 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.