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Is this legal or not?
- Thread starter rabbiporkchop
- Start date
That's amazing!
Not only is it a violation of federal law, it's totally unconstitutional and its written in our bill of rights by our founding fathers.
I would suspect the ACLU would be all over that.
Some procedures have changed with the Patriot act.
Ohio is a one party state. My first ex wife recorded phone calls and in person conversations for use in our divorce. Completely legal.
To get to know the difference between transmiting and brodcasting, is done for profit and public service and general reception enmass.
Ham operators may not charge for the services provided. The few instances they can charge fees is for teaching classes pertaining to getting the FCC license. AND that of is limited to certain things. This was sent from my Galaxy 5. There may be typo's.
Ham operators may not charge for the services provided. The few instances they can charge fees is for teaching classes pertaining to getting the FCC license. AND that of is limited to certain things. This was sent from my Galaxy 5. There may be typo's.
Unless I missed something, all the actual legal code that has been presented, thus far, has been federal.
Rabbi also requires Pennsylvania code. Plus, code for the county in which he lives. Plus, local ordinance for his city or township.
That's 4 different levels of legal crap. I guarantee that we ALL run afoul of some law or ordinance, and are completely ignorant of the fact.
Rabbi also requires Pennsylvania code. Plus, code for the county in which he lives. Plus, local ordinance for his city or township.
That's 4 different levels of legal crap. I guarantee that we ALL run afoul of some law or ordinance, and are completely ignorant of the fact.
This can be argued until the next solar cycle. But, the plaintiff has to PROVE with HARD evidence the defendant was the one who did the physical recording, Second, The plaintiff spoke on PUBLIC airwaves on the CITIZENS BAND that any scanner, shortwave receiver, and/or cb radio available for anonymous purchase online and at any local truck stop can listen in on, Thirdly, By speaking on said radio, You give unwritten consent that anything said may be recorded or listened in on at anytime by anyone, anywhere if atmospheric conditions allow. Plaintiff can cry all his boston sounding @55 wants to, But its going to get thrown out regardless by any judge at any level due to the "petty-ness" of the case and waste of time. Same applies with the hams guys. Unless it is encrypted and only those with the key can hear the traffic, Its open air.
*Now I sit back and watch all the legal eagles and hams argue over this.*
*Now I sit back and watch all the legal eagles and hams argue over this.*
I don't know if it's legal or not but I am pretty sure that a radio forum is not the best place to ask for legal advice.
Actually, it can be. There are many walks of life that frequent this forum. Our resident attorney that specializes in radio related issues hasn't joined this thread yet.
RatsoW8
Supporting Member, W9WDX ARC Member - WD8T
If it's that big of a deal just consult with an attorney or join a legal forum and ask the question there.
Everybody here needs to look that up and that should answer most if not all the questions here.
That's a long list but it seems to cover every situation.
As fourstring said - read the federal law he quoted.
Federal law seems pretty clear - you can't record and re-broadcast or in the case of YouTube "post". Technically all the watergates are illegal. Technically if I transmitted on one radio and received and recorded on another and then posted it I would be breaking the law even though I was recording myself
Will you actually get in trouble - only if the person who you recorded decides to actual pursue it. Could they report you? Yes. Could they sue you in civil court? Possibly, but they'd need to prove damages. Can they petition to remove your video from YouTube on the grounds that you recorded them without permission and they are identifiable by voice or name, etc.? Possibly.
Would I be concerned about it if it was me? Nope.
Federal law seems pretty clear - you can't record and re-broadcast or in the case of YouTube "post". Technically all the watergates are illegal. Technically if I transmitted on one radio and received and recorded on another and then posted it I would be breaking the law even though I was recording myself
Will you actually get in trouble - only if the person who you recorded decides to actual pursue it. Could they report you? Yes. Could they sue you in civil court? Possibly, but they'd need to prove damages. Can they petition to remove your video from YouTube on the grounds that you recorded them without permission and they are identifiable by voice or name, etc.? Possibly.
Would I be concerned about it if it was me? Nope.
§ 73.1207 Rebroadcasts.
(a) The term rebroadcast means reception by radio of the programs or other transmissions of a broadcast or any other type of radio station, and the simultaneous or subsequent retransmission of such programs or transmissions by a broadcast station.
(1) As used in this section....
(2) The transmission of a program....
(3) The broadcasting of a program relayed by a remote pickup broadcast station is not considered a rebroadcast.
(b) No broadcast station may retransmit the program, or any part thereof, of another U.S. broadcast station without the express authority of the originating station....
(1) Stations originating emergency communications.....
(2) Permission must be obtained from....
(3) Programs originated by the Voice of America (VOA)....
(4) Except as otherwise provided...
(c) The transmissions of non-broadcast may be rebroadcast under the following conditions:
(1) Messages originated by privately-owned non-broadcast stations other than those in the Amateur and Citizens Band (CB) Radio Servicesemay be broadcast only upon receipt of prior permission from the non-broadcast license....
(2) Except as provided in paragraph (d) ....
(3) Messages originated by stations in the amateur and Citizens Band (CB) radio services may be rebroadcast at the discretion of broadcast station licensees.
(a) The term rebroadcast means reception by radio of the programs or other transmissions of a broadcast or any other type of radio station, and the simultaneous or subsequent retransmission of such programs or transmissions by a broadcast station.
(1) As used in this section....
(2) The transmission of a program....
(3) The broadcasting of a program relayed by a remote pickup broadcast station is not considered a rebroadcast.
(b) No broadcast station may retransmit the program, or any part thereof, of another U.S. broadcast station without the express authority of the originating station....
(1) Stations originating emergency communications.....
(2) Permission must be obtained from....
(3) Programs originated by the Voice of America (VOA)....
(4) Except as otherwise provided...
(c) The transmissions of non-broadcast may be rebroadcast under the following conditions:
(1) Messages originated by privately-owned non-broadcast stations other than those in the Amateur and Citizens Band (CB) Radio Servicesemay be broadcast only upon receipt of prior permission from the non-broadcast license....
(2) Except as provided in paragraph (d) ....
(3) Messages originated by stations in the amateur and Citizens Band (CB) radio services may be rebroadcast at the discretion of broadcast station licensees.
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