Is this legal or not?

[LeapFrog]

18 U.S.C. 2511(2)(d).

(g)It shall not be unlawful under this chapter or chapter 121 of this title for any person—
(i)
to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
(ii)to intercept any radio communication which is transmitted—
(I)
by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
(II)
by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;
(III)
by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
(IV)
by any marine or aeronautical communications system;

Make the video private on YouTube, then it's just an "audio log" for that date, no more concerns about re-broadcasting any previously recorded communications..
{technically, you uploaded the file to YT's server, that's a form of broadcast just not over public airwaves, as far as sharing that gate on YouTube, I don't know}

[
broad·cast:
verb:

1. 
   transmit (a program or some information) by radio or television.
   "the announcement was broadcast live"
   synonyms: transmit, relay, air, beam, show, televise, telecast, webcast, simulcast, cablecast, screen
   "the show will be broadcast worldwide"

There is no copyright issue (as far as I know) for this audio clip sampled from the "publicly used" service called Citizens Band, and it being re-broadcast (on YouTube) may fall under "Fair Use"?

I mean it's a public service, he should be under the assumption that all transmissions are being monitored/recorded, you don't go out in public and tell people ""Hey! You can't film me", bullsnit I can't, public domain is public domain.

I'll record and re-broadcast (publicly, on YouTube) what ever recorded/captured audio from the Citizens Band that I care to upload, let a lawyer send me an e-mail... My channel is not monetized; Therefor, I stand to make no {monetary} gains from using anyone's likeness or image (or video/audio) in a critiquing or educational video on social media.

 

[BBB]

CB is public open source. Do with it as you wish. Know for a fact that you will be recorded and played over YouTube... then don't worry, be happy. Do you really think the FCC is going to show up at a hearing about who said what on 27MHz and enforce privacy or slander statutes? Ain't gonna happen.

Just don't record audio of a private conversation in the state of Pennsylvania without prior consent. That is illegal here. I have dash cams in all our vehicles. The microphone must be muted for that reason unless you want to ask every person that falls within the dash-cam's mic earshot if it's okay to record audio of them. Plus you wouldn't want to actually hear my profanity laced road-rage rant before I smash into something anyway.

Hypothetically, lets say I was pulled over in PA and the officer noticed the dash cam was rolling with audio. If I did not ask permission from him/ her to be audio recorded prior to being spoken to, I may be in for some trouble. I do however believe now that some states allow for law officers to be video and audio recorded without their prior consent. This has been addressed on this forum before.

 

[Sonar]

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.*

Popcorn Time.

 

[rabbiporkchop]

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.

At least it makes for cheap entertainment.