c***@hotmail.com
2004-05-01 08:59:28 UTC
Electronic Communications Privacy Act of 1986 (ECPA)
Public Law: 99-508 (10/21/86)
H.R.4952 SPONSOR: Rep Kastenmeier (introduced 06/05/86)
H.R.3378 SPONSOR: Rep Kastenmeier (introduced 09/19/85)
S.1667 SPONSOR: Sen Leahy (introduced 09/19/85)
http://thomas.loc.gov/bss/d099/d099laws.html
The Electronic Communications Privacy Act (ECPA) of 1986 was adopted
to address the legal privacy issues that were evolving with the
growing use of computers and other new innovations in electronic
communications.
The ECPA updated legislation passed in 1968 that had been designed
to clarify what constitutes invasion of privacy when electronic
surveillance is involved.
President Reagan signed the Electronics Communication Privacy Act
into law on October 21, 1986. The ECPA was designed to expand Title
III privacy protection to apply to radio paging devices, electronic
mail, cellular telephones, private communication carriers,
and computer transmissions.
The ECPA was originally endorsed by the ACLU and promoted to
protect civil liberties. (possible dead link)
http://www.digitalcentury.com/encyclo/update/ecpa.html#Background
FCC FACT SHEET: INTERCEPTION AND DIVULGENCE OF RADIO COMMUNICATIONS
The Act also contains provisions that affect the manufacture of
equipment used for listening to or receiving radio transmissions,
such as "scanners." Section 302(d) of the Communications Act,
47 U.S.C. Section 302(d), prohibits the FCC from authorizing
scanning equipment that is capable of receiving transmissions
in the frequencies allocated to domestic cellular services,
that is capable of readily being altered by the user to intercept
cellular communications, or that may be equipped with decoders
that convert digital * transmissions to analog voice audio.
(*was that supposed to read "convert digital cellular
transmissions to analog voice audio."?)
In addition, such receivers may not be manufactured in the United
States or imported for use in the United States after April 26, 1994
http://www.fcc.gov/Bureaus/Common_Carrier/Factsheets/investigation.html
United States Code TITLE 47 - TELEGRAPHS, TELEPHONES, AND
RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
(Amended by the TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION ACT of
1992(TDDRA)
d) Cellular telecommunications receivers
(1) Within 180 days after October 28, 1992, the Commission shall
prescribe and make effective regulations denying equipment
authorization (under part 15 of title 47, Code of Federal Regulations,
or any other part of that title) for any scanning
receiver that is capable of -
(A) receiving transmissions in the frequencies allocated to
the domestic cellular radio telecommunications service,
(B) readily being altered by the user to receive transmissions
in such frequencies, or
(C) being equipped with decoders that convert digital cellular
transmissions to analog voice audio.
(2) Beginning 1 year after the effective date of the regulations
adopted pursuant to paragraph (1), no receiver having the
capabilities described in subparagraph (A),
(B), or (C) of paragraph (1), as such capabilities are defined
in such regulations, shall be manufactured in the United States
or imported for use in the United States.
http://www4.law.cornell.edu/uscode/47/302a.html
United States Code TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS
INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
(16) ''readily accessible to the general public'' means, with
respect to a radio communication, that such communication is not
-
(A) scrambled or encrypted;
(B) transmitted using modulation techniques whose essential
parameters have been withheld from the public with the
intention of preserving the privacy of such communication;
(C) carried on a subcarrier or other signal subsidiary to a
radio transmission;
(D) transmitted over a communication system provided by a
common carrier, unless the communication is a tone only paging
system communication; or
(E) transmitted on frequencies allocated under part 25,
subpart D, E, or F of part 74, or part 94 of the Rules of the
Federal Communications Commission, unless, in the case of a
communication transmitted on a frequency allocated under part
74 that is not exclusively allocated to broadcast auxiliary
services, the communication is a two-way voice communication
by radio;
http://www4.law.cornell.edu/uscode/18/2510.html
The latest in the never-ending saga of the Gingrich ethics story is
now also a McDermott ethics story dealing with a cellular phone call.
Our coverage begins with a report by Kwame Holman, followed by an
analysis of the technical aspects of the intercepted phone call,
and a discussion with two legislators. (January 14, 1997)
http://www.pbs.org/newshour/bb/congress/january97/cellular_1-14.html
(H. R. 2369 IH, July 31, 1997: would have replaced this pargraph:)
The Commission shall prescribe regulations, (snip) denying equipment
authorization for any scanning receiver that is capable of--
(A) receiving transmissions in the frequencies allocated to the
domestic cellular radio telecommunications service,
(B) readily being altered by the user to receive transmissions
in such frequencies, or
(C) being equipped with decoders that convert digital cellular
transmissions to analog voice audio.
(with this one:)
The Commission shall prescribe regulations denying equipment
authorization for any scanning receiver that is capable of--
(1) receiving transmissions in the frequencies allocated to any
commercial mobile service (as defined in section 332(d),
http://www4.law.cornell.edu/uscode/47/332.html
(2) readily being altered to receive transmissions in such
frequencies,
(3) being equipped with decoders that convert digital commercial
mobile service transmissions to analog voice audio, or
(4) being equipped with devices that otherwise decode encrypted radio
transmissions for the purposes of unauthorized interception.'.
http://www.access.gpo.gov/nara/cfr/waisidx_00/47cfr20_00.html
(scroll down to 20.9 Commercial mobile radio service.)
(copied and pasted from google archives)
http://groups.google.com/groups?dq=&hl=en&lr=&ie=UTF-8&oe=ISO-8859-1&group=alt.fan.john.mackey&selm=3C2E0DD6.5AA585D4%40Home.net
Public Law: 99-508 (10/21/86)
H.R.4952 SPONSOR: Rep Kastenmeier (introduced 06/05/86)
H.R.3378 SPONSOR: Rep Kastenmeier (introduced 09/19/85)
S.1667 SPONSOR: Sen Leahy (introduced 09/19/85)
http://thomas.loc.gov/bss/d099/d099laws.html
The Electronic Communications Privacy Act (ECPA) of 1986 was adopted
to address the legal privacy issues that were evolving with the
growing use of computers and other new innovations in electronic
communications.
The ECPA updated legislation passed in 1968 that had been designed
to clarify what constitutes invasion of privacy when electronic
surveillance is involved.
President Reagan signed the Electronics Communication Privacy Act
into law on October 21, 1986. The ECPA was designed to expand Title
III privacy protection to apply to radio paging devices, electronic
mail, cellular telephones, private communication carriers,
and computer transmissions.
The ECPA was originally endorsed by the ACLU and promoted to
protect civil liberties. (possible dead link)
http://www.digitalcentury.com/encyclo/update/ecpa.html#Background
FCC FACT SHEET: INTERCEPTION AND DIVULGENCE OF RADIO COMMUNICATIONS
The Act also contains provisions that affect the manufacture of
equipment used for listening to or receiving radio transmissions,
such as "scanners." Section 302(d) of the Communications Act,
47 U.S.C. Section 302(d), prohibits the FCC from authorizing
scanning equipment that is capable of receiving transmissions
in the frequencies allocated to domestic cellular services,
that is capable of readily being altered by the user to intercept
cellular communications, or that may be equipped with decoders
that convert digital * transmissions to analog voice audio.
(*was that supposed to read "convert digital cellular
transmissions to analog voice audio."?)
In addition, such receivers may not be manufactured in the United
States or imported for use in the United States after April 26, 1994
http://www.fcc.gov/Bureaus/Common_Carrier/Factsheets/investigation.html
United States Code TITLE 47 - TELEGRAPHS, TELEPHONES, AND
RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
(Amended by the TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION ACT of
1992(TDDRA)
d) Cellular telecommunications receivers
(1) Within 180 days after October 28, 1992, the Commission shall
prescribe and make effective regulations denying equipment
authorization (under part 15 of title 47, Code of Federal Regulations,
or any other part of that title) for any scanning
receiver that is capable of -
(A) receiving transmissions in the frequencies allocated to
the domestic cellular radio telecommunications service,
(B) readily being altered by the user to receive transmissions
in such frequencies, or
(C) being equipped with decoders that convert digital cellular
transmissions to analog voice audio.
(2) Beginning 1 year after the effective date of the regulations
adopted pursuant to paragraph (1), no receiver having the
capabilities described in subparagraph (A),
(B), or (C) of paragraph (1), as such capabilities are defined
in such regulations, shall be manufactured in the United States
or imported for use in the United States.
http://www4.law.cornell.edu/uscode/47/302a.html
United States Code TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS
INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
(16) ''readily accessible to the general public'' means, with
respect to a radio communication, that such communication is not
-
(A) scrambled or encrypted;
(B) transmitted using modulation techniques whose essential
parameters have been withheld from the public with the
intention of preserving the privacy of such communication;
(C) carried on a subcarrier or other signal subsidiary to a
radio transmission;
(D) transmitted over a communication system provided by a
common carrier, unless the communication is a tone only paging
system communication; or
(E) transmitted on frequencies allocated under part 25,
subpart D, E, or F of part 74, or part 94 of the Rules of the
Federal Communications Commission, unless, in the case of a
communication transmitted on a frequency allocated under part
74 that is not exclusively allocated to broadcast auxiliary
services, the communication is a two-way voice communication
by radio;
http://www4.law.cornell.edu/uscode/18/2510.html
The latest in the never-ending saga of the Gingrich ethics story is
now also a McDermott ethics story dealing with a cellular phone call.
Our coverage begins with a report by Kwame Holman, followed by an
analysis of the technical aspects of the intercepted phone call,
and a discussion with two legislators. (January 14, 1997)
http://www.pbs.org/newshour/bb/congress/january97/cellular_1-14.html
(H. R. 2369 IH, July 31, 1997: would have replaced this pargraph:)
The Commission shall prescribe regulations, (snip) denying equipment
authorization for any scanning receiver that is capable of--
(A) receiving transmissions in the frequencies allocated to the
domestic cellular radio telecommunications service,
(B) readily being altered by the user to receive transmissions
in such frequencies, or
(C) being equipped with decoders that convert digital cellular
transmissions to analog voice audio.
(with this one:)
The Commission shall prescribe regulations denying equipment
authorization for any scanning receiver that is capable of--
(1) receiving transmissions in the frequencies allocated to any
commercial mobile service (as defined in section 332(d),
http://www4.law.cornell.edu/uscode/47/332.html
(2) readily being altered to receive transmissions in such
frequencies,
(3) being equipped with decoders that convert digital commercial
mobile service transmissions to analog voice audio, or
(4) being equipped with devices that otherwise decode encrypted radio
transmissions for the purposes of unauthorized interception.'.
http://www.access.gpo.gov/nara/cfr/waisidx_00/47cfr20_00.html
(scroll down to 20.9 Commercial mobile radio service.)
(copied and pasted from google archives)
http://groups.google.com/groups?dq=&hl=en&lr=&ie=UTF-8&oe=ISO-8859-1&group=alt.fan.john.mackey&selm=3C2E0DD6.5AA585D4%40Home.net