Your rights to "Intercept Electronic Communications"

[Richard Cranium]

In response to this thread, http://www.techimo.com/forum/showthr...?threadid=3708

I have some comments.

First, I do NOT condone or participate in any sort of illegal electronic activities, PERIOD.

Secondly, the persons who TAMPER with Satellite Dish Cards are in violation of Federal Law as they HAD to sign a written contract prior to the purchase of the Dish.

In this document it is clear that the "Card" is not your property, much like MicroSoft's allegation that your software is not yours but merely "leased" (for lack of a better word.)

With all that out, CLEARLY Stated the Tampering with purchased devices IS ILLEGAL, I hereby submit info for the jury.

18 U.S.C. 2511-4 & 5

"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; "
http://www.usdoj.gov/criminal/cybercrime/usc2511.htm

It goes on to elaborate->>

"(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;"

This includes Satellite TV Broadcasts also->>

" Conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted--
(i) to a broadcasting station for purposes of retransmission to the general public; or
(ii) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain.


(5) (a) (i) If the communication is--
(A) a private satellite video communication that is not scrambled or encrypted and the conduct in violation of this chapter is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain;


This stems from subsequent provisions the Radio Act of 1927 and the Communications act of 1934.

[codybear]

boy Doc could we debate this one forever

but from recent court cases where DTV has lost in the courts and partly steming from MS's statements that a smartcard reader is not illegal to own, there is still much to be decided.

From reading that post you posted, most of those that did respond to it do not have thier facts straight but we wont get into that either.

Did you know that in Canada when a major dealer has a script go down that the cops direct traffic to and from the location and the local Pizza delivery person will deliver you a Pizza for $25 and program your card while there for another $20. LOL

[Ed_S]

the persons who TAMPER with Satellite Dish Cards are in violation of Federal Law as they HAD to sign a written contract prior to the purchase of the Dish.

Oh, I don't know. Around here you could walk into any Best Buy & get one w/o signing anything. If you just paid cash, they wouldn't have a clue who purchased it!

Also, used setups from disgruntled prior customers are plentiful.

So getting the hardware w/o ever having signed anything is not a problem.

And the clause regarding "private financial gain" needs clarification. In my eyes, this would mean for profit, but I guess you could see it as including avoiding expense.

Personally, I do not have, and have never had, a satellite dish or service.
BUT if I saw a way to relatively easily utilize the broadcast which is already in the airwaves on my property, I would acquire the equipment pretty quick!

If no contract ever existed, and there's no intent to profit, then how is it illegal??

[Chooco]

here in Canada we are stuck with crappy Canadian satelite dish service. most people including my best friend have bought the server from the US which is actually illegal by Canadian law (how dumb)

American satelite service gives him about twice as many channels for the same price. w00t go USA

[Richard Cranium]

EdS, now Best Buy, Circuit City, Wal-Mart and all the others require a Credit Card for payment, a contract for a certain time period and a written contract stating specific terms.

You are correct that in the past one could purchase a dish for cash.

The key words in the DOJ link are "encrypted and scrambled" as the digital signals sent nowdays are both, opposite of the analog signals of yesteryear..

I have no idea if any analog satellites are still transmitted.

Also, my thoughts run concurrent with the Radio Act, any airwaves from any source are free for the taking..