Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site alice.UUCP Path: utzoo!linus!philabs!cmcl2!seismo!lll-crg!dual!qantel!ihnp4!mhuxn!mhuxm!sftig!sfmag!eagle!ulysses!allegra!alice!ark 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 Lines: 40 Xref: linus net.auto:6590 net.legal:1680 > 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.