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Federal law states:
“It shall not be unlawful under this chapter or chapter 121 of this
title for any person 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; to intercept any radio communication which is transmitted by any
station for the use of the general public, or that relates to ships,
aircraft, vehicles, or persons in distress; 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; by a station operating on an authorized frequency
within the bands allocated to the amateur, citizens band, or general
mobile radio services; or by any marine or aeronautical communications
system”
Simply put, this means that any information transmitted over radio waves
is fair game. So, you can intercept and record information from two-way
radios or any communication that takes place on CB’s or any other type
of radio.
Furthermore, federal law states:
“It shall not be unlawful under this chapter for a person acting under
color of law to intercept the wire or electronic communications of a
computer trespasser transmitted to, through, or from the protected
computer, if the owner or operator of the protected computer authorizes
the interception of the computer trespasser’s communications on the
protected computer; the person acting under color of law is lawfully
engaged in an investigation; the person acting under color of law has
reasonable grounds to believe that the contents of the computer
trespasser’s communications will be relevant to the investigation; and
such interception does not acquire communications other than those
transmitted to or from the computer trespasser.”
This means that computer communication can be accessed if the person who
owns the computer gives permission. Of course, this isn’t likely to
happen if the person is guilty of something. But, if an innocent person
is receiving communication through his or her computer from someone who
is guilty, you can intercept the information from that person’s computer
if he or she gives you permission. It is also legal to intercept this
communication if there are reasonable grounds that the information will
aid in an investigation.
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