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- From: ad207@cleveland.Freenet.Edu (Brett Kollar)
- Newsgroups: alt.radio.scanner
- Subject: Cordless
- Date: 19 Nov 1992 02:11:08 GMT
- Organization: Case Western Reserve University, Cleveland, Ohio (USA)
- Lines: 89
- Message-ID: <1eet3sINNbdv@usenet.INS.CWRU.Edu>
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- THE WALL STREET JOURNAl, Tuesday, November 17, 1992
- Reprinted without permission...
-
- By Junda Woo and Jonathan M. Moses
-
- "Cordless-telephone users, whose conversations
- have been easy prey forelectronic eavesdroppers,
- finally won a degree of privacy in a federal
- appeals-court ruling.
- The Fifth U.S. Circuit Court of Appeals, in a
- criminal case, said that when such phone users
- reasonably expect their conversations to be private,
- the government can't listen in. But the court said the
- Fourth Amendment privacy right must be evaluated case
- by case, depending on such factors as whether the phone
- user had sought privacy by purchasing devices intended
- to foil eavesdroppers or by using phones known to be
- more difficult to tap.
- The ruling is apparently the first in which a
- federal court has allowed cordless phone users any
- privacy rights. Previously, other appeals courts have
- said the phones are so easy to eavesdrop on - with an
- AM/FM radio or even with another cordless phone - that
- any expectation of privacy was ridiculous.
- The Eighth U.S. Circuit Court of Appeals ruled in
- the late 1980s that eavesdropping was allowed, and the
- U.S. Supreme Court declined to review the decision.
- The New Orleans court noted that the previous
- opinions are all several years old, and that technology
- has since advanced in the $1.39 billion cordless-phone
- market. Some phones on store shelves now, for
- instance, come with scrambling devices made to combat
- high-tech eavesdroppers. Other phones work within
- shorter ranges, so their frequencies can't be as easily
- intercepted as they were in the past. More than 18
- million cordless phones are expected to be sold this
- year, according to Personal Technology Research Inc., a
- Waltham, Mass., market-research and consulting firm.
- 'The reasonableness of any expectation of privacy
- for a cordless phone conversation will depend, in large
- part, upon the specific telephone at issue,' the court
- said. It declined to spell out the technological
- features it considered most relevant.
- A three-judge panel of the appeals court upheld
- the drug-trafficking conviction of a Texas man who was
- caught because of cordless-phone conversations that his
- neighbor tapped into and recorded. The man introduced
- no evidence, such as his phone's frequency or range,
- that might show a reasonable expectation of privacy,
- the court said.
- Privacy-rights lawyers applauded the broader
- ruling, which they said is a step toward preventing
- eavesdropping by private citizens as well as police.
- The lawyers noted that cellular-phone conversations
- already are legally protected from eavesdropping, even
- though many cellular phones technically are as easily
- intercepted as cordless ones.
- Cordless phones are treated differently because
- Congress decided in 1986 to write an exception for
- them. Amateur radio operators lobbied for the
- exclusion because they were afraid they'd be arrested
- for listening to phone conversations that they
- accidentally snagged, said Janlori Goldman, head of the
- privacy and technology project of the American Civil
- Liberties Union.
- But now that cordless phones are more secure,
- they should be treated the same as cellular phone, Ms.
- Goldman said. 'People who use these different kinds of
- phones do not make these kinds of distinctions,' she
- said. 'One circuit is willing to recognize that this
- might be an absurd distinction.' The appeals-court
- decision affects cordless-phone callers in Texas,
- Louisiana and Mississippi and is likely to be cited in
- cases nationwide.
- Wayn R. Lafave, a University of Illinois law
- professor specializing in search-and-seizure issues,
- said, 'I think this makes sense. The Fourth Amendment
- is not somehow frozen into a posture for all time.'
- But until the appeals court ruling, the nation's
- cordless-phone users have gotten privacy protection
- only from several individual state courts. A New York
- state appellate court, for instance, ruled in 1990 that
- state law barred the government from intentionally
- listening in on conversations.
- (U.S. vs. David Lee Smith, Fifth U.S. Circuit
- Court of Appeals, New Orleans, 91-5077)
- --
-