The following showed up on a public radio-oriented mailing list I occasionally read - if this is really a true report by a confessed cordless/cellular scanner freak who got caught taping calls and passing the tapes around it is certainly illuminating as someone in an official position may have possibly said much more than more sophisticated law enforcement eavesdroppers would ever admit to. Clearly most people would think the law in the matter was very different than the attitude here expressed, though I think that many of the more cynical would view this as no surprise at all and indeed SOP in most investigative agencies, I cannot vouch for the identity of the poster or the veracity of this. However I think it certainly shows the official attitude that has made many of us advocates of encryption, particularly of wireless communications, and deeply suspicious of the notion that court ordered wiretaps are the only ones used by the police and other agencies. Forwarded message: From scan-mass-east-request@nomad.n-reading.ma.us Old-Return-Path: <merk!tiac.net!kilo> Date: Fri, 12 Apr 1996 19:17:41 -0400 Message-Id: <199604122317.TAA17404@zork.tiac.net> X-Sender:kilo@tiac.net X-Mailing-List:<scan-mass-east@nomad.n-reading.ma.us CORDLESS PHONE MONITORING: -- I was accused of monitoring phone conversations of public officals over a scanner. I was accused of taping said conversations in which the public officals were conducting town buissness in a illegal manner etc. The allegded tapes (copies) were allegedly passed around to "other" town officals for them to hear what was being "said", "done", and what actions were about to unfold. A investigation by the Mass. District Attoney was ordered and the results if that investigation is as follows ---- "The information available during this investigation indicated that the telephone calls which were tape recorded were made on a cellular telephone or a portable telephone. No evidence was obtained indicating a wire communication was illegally intercepted and recorded. The audio tape that was around the town of $%#@!%^%$$ and played for several individuals was not recovered. @@ @#$$#% ^%%&* found the tape left on the front seat of %$^ car and had it for a period of time, but does not have it or knew where it was at this time. This officer (police) explained to those directly involved that cellular telephone conversations and any conversation that is transmitted over the airwaves is not protected communitations, as there is no expectation of privacy in the open airways. I further informed those involved that there are people who have nothing better to do then listen and record such cellular telephone calls and this means of communication is not secure. This officer requests that this investigation be closed". That is from the Masssachusetts District Attoney's Office in Barnstable,Mass. ******** In fact when I was interviewed I was told flat out that lawenforcement "does not want" it to be against the law, because not only do they hear about drug transactions which allows them to bust subjects, "BUT" it is also a saftey tool, for at times the people under survailance talk using this type of communication and they (POLICE) can find out if the subject(s) have weapons, etc. etc......!!!!! That's what my experience in this area is... Happy Scanning!!!!!!!!!! Vietnam Vets - "USMC"