[FedCom] "On Scene" Barnes MAP/ANGB

[wxfreqrs]

SURE but where does one start
I saw earlier where it was classified (I DOUBT IT) however if someone can
get a law number I will
do the following
1. A request thru congressional critters
2. a FOIA (FREEDOM OF INFORMATIN ACT) request
don

SEMPER VIGILES

http://getremote.net/burst                       MDU PROJECT
http://www.angelfire.com/ms2/paswx               WX PAGE
http://www.angelfire.com/ms3/jcarc/hamfest.html  Jackson County Radio CLub
HAMFEST

PEACE, THROUGH SUPERIOR FIREPOWER


----- Original Message -----
From: "ed" <bernies@netaxs.com>
To: <fedcom@mailman.qth.net>
Sent: Tuesday, April 23, 2002 5:58 PM
Subject: Re: [FedCom] "On Scene" Barnes MAP/ANGB


ken,  you may be right that nobody on the list is up for a legal challenge,
especially if it involves being arrested.  unfortunately, our legal system
requires people to challenge egregious laws in order for them to be struck
down, and you must show you've been harmed by a law in order to have a
case.  the history of jurisprudence is full of examples of this.

understandably, few people on this list want to deal with this and pay
money it requires to do this.  as for how this stupid policy became law,
it's probably safe to say that public input was neither solicited nor
seriously considered.  american democracy can work, but only if people
actively participate (and this means a lot more than just voting.)

fear and intimidation tactics are the usual methods used to enact and keep
egregious laws like this in force.  if we do nothing about it, then we get
the laws and law enforcement that we deserve.  the frustrating part about
this particular situation is that nobody can even prepare to challenge a
law if their own elected representative won't let them read it because it's
supposedly "secret" (this is for your own good, after all.)

if people on this list believe this will be the last law enacted that
criminalizes monitoring the public airwaves, then they're going to be sadly
mistaken.  let's look into challenging this--a good start would be to
obtain the text of the specific law that supposedly criminalizes monitoring
at an airport.  contrary to popular belief, we do have some federal laws
that you're not allowed to read.  challenging the secrecy of this
particular law may not require being charged with violating
it.  challenging the law itself is another story.

anyone want to dig deeper on this?

-ed


At 10:32 PM 4/22/02 -0400, ken.windyka@the-spa.com wrote:
>Hello Ed & the group:
>
>Ed, I just don't think anyone on this list is going to do any legal
>challenges, especially getting oneself arrested.  Anyone that has got
>caught up in the criminal justice systems knows that it costs lots of money
>for lawyers with in many cases an unknown outcome...   You do have to
>communicate any law to people, you just can't hide it.  However, any law
>enforcement officer can asked you to move on from a particular area.  For
>example at night it would be very reasonable to do this.....  As far as
>what a terrorist would/wouldn't do sorry to say but there's evidence that
>many terrorist attacks were  planned with numerous surveillance activities
>video/cameras/still photos ,etc. SO  I guess that law should also include
>photos of airports???  Brings us back to the "cold war" days on military
>bases where photography was prohibited in many areas on base and
>appropriate signs were posted...
>
>Ken
>
>
>At 08:01 PM 4/22/02 -0400, you wrote:
> >nice.  a secret federal law making it a crime to monitor the public
> >airwaves on public property that's open to the public.  it's pretty
obvious
> >no terrorist would be openly monitoring with a scanner at an
airport...but
> >apparently that's not obvious to our public officials.
> >
> >unfortunately, the only way to stop this nonsense before it gets out of
> >hand is to challenge it.  and apparently the only way to challenge this
> >invisible, secret law is to be charged with violating it so that it can
be
> >subjected to a bright spotlight in a court of law.  if this isn't done,
the
> >definition of "critical radio activities" will be systematically expanded
> >to include just about everything your tax dollars pay for.

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