From: fraser@praha.jpl.nasa.gov (Scott Fraser)
Subject: Re: Best of Transmissions......
Organization: Image Analysis Systems Group, JPL
Date: Tue, 10 Nov 1992 21:14:49 GMT

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Organization: Jet Propulsion Laboratory
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In article <lg02k9INNqpb@exodus.Eng.Sun.COM> rja@newbirth.Eng.Sun.COM (Robert Allen) writes:
>
>    BTW, California residents should note that a new law, AB2465,
>    will go into effect in January '93.  Penalties of $2,500 and a
>    year in jail for first offenders, $10,000 and more jailtime
>    for repeat offenders.  These penalties can be assessed if you
>    are caught listening to CORDLESS, or CELLULAR, phone conversations
>    with your scanner.
>--
How does the measure mentioned above change or increase penalties from the
EXISTING measures on the book?  See the text below for info.
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CA PC 632.5 Intercepting or Receiving Cellular Radio Telephone Communication

(a) Every person who, maliciously and without the consent of all parties to the 
communication, intercepts, receives, or assists in intercepting or receiving a 
communication transmitted between cellular radio telephones or between any 
cellular radio telephone and a landline telephone shall be punished by a fine 
not exceeding two thousand five hundred dollars ($2,500), by imprisonment in 
the county jail not exceeding one year or in the state prison, or by both that 
fine and imprisonment.  If the person has been previously convicted of a 
violation of this section or Sec. 631, 632, or 636, the person shall be punishedby a fine not exceeding ten thousand ($10,000), by imprisonment in the county 
jail not exceeding one year or in the state prison, or by both that fine and 
imprisonment.

(b) In the following instances, this section shall not apply:
(1) Any public utility engaged in the business of providing communications 
services and facilities, or to the officers, employees, or agents thereof, 
where the acts otherwise prohibited are for the purpose of construction, 
maintenance, conduct, or operation of the services and facilities of the 
public utility.
(2) To the use of any instrument, equipment, facility, or service furnished 
and used pursuant to the tariffs of the public utility.
(3) To any telephonic communication system used for communication exclusively 
within a state, county, city and county, or city correctional facility.

(c) As used in this section and Sec. 635, "cellular radio telephone" means 
a wireless telephone authorized by the Federal Communications Commission to 
operate in the frequency bandwidth reserved for cellular radio telephones.

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CA PC 632.6 Eavesdropping on Cordless Telephone Communications

(a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a 
communication transmitted between cordless telephones as defined in subdivision (c), between any cordless telephone and a landline telephone, or between a 
cordless telephone and a cellular telephone shall be punished by a fine not 
exceeding two thousand five hundred dollars ($2,500), by imprisonment in the 
county jail not exceeding one year, or in the state prison, or by both that 
fine and imprisonment.  If the person has been convicted previously of a 
violation of Sec. 631, 632, or 636, the person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and 
imprisonment.

(b) This section shall not apply in any of the following instances:
(1) To any public utility engaged in the business of providing communications 
services and facilities, or to the officers, employees, or agents thereof, 
where the acts otherwise prohibited are for the prupose of construction, 
maintenance, conduct, or operation of the services and facilities of the 
public utility.
(2) To the use of any instrument, equipment, facility, or service furnished 
and used pursuant to the tariffs of the public utility.
(3) To any telphonic communication system used for communication exclusively 
within a state, county, city and county, or city correctional facility.

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notes:
 The following sections were referenced above:
631 Wiretapping
632 Eavesdropping on or Recording Confidential Communications  
635 Manufacturing or Selling Devices Intended for Eavesdropping or Interception
    of Radio Telephone Communications
636 Eavesdropping on or Recording Conversation Between Person in Custody and
    His Attorney, Religious Advisor or Physician

In Section 632.6, subdivision (c) is referenced but not included in the copy 
that this text was taken from.  Refer to 632.5.c and replace 
"cellular radio telephone" with "cordless radio telephone" for the 
text of 632.6.c.

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Scott Fraser

Standard Disclaimers Apply!

Newsgroups: alt.radio.scanner