The Internet Virus--A Commentary

[cherry.STCWR at xerox.com]

>>
>>      I believe legislation already exist for this sort of "theift of
>>  services" i.e. I may connect an antanna to my TV that will allow me
>>  to legally view pay TV stations but if I connect a decoder, I'm in
>>  trouble since I've circumvented what was obviously a sercurity measure.
>>
>  I don't believe so.  If you get the signal over the airwaves (antenna or
>satellite reciever) that is legal.  A ruling by the Supreme Court
>states the airwaves belong to the public.  If you decode that it is
>not illegal.  However if you attach a decoder to a cable line
>or converter that is.  
>

If the satellite carrier is transmitting 'common carrier'
encrypted/scrambled material, that is the same as telephone type
conversations and in this instance, the airwaves are not 'public'.  Common
carrier as defined by the FCC is when you carry another party's signal for
pay.  If you intercept a common carrier signal you are in violation of FCC
rules.  

The Supreme Court ruling only applies to signals which are not otherwise
protected such as Citizens Radio Service (any class), Amateur Radio, and
Commercial Programming.  Private digital signals, common carrier of any
format, and encoded signals which are not intended for 'public' reception
do not apply.  You may receive the encoded signal without being in
violation but, you may not use that material for your own use.  Decoding
the signal without authorization puts you in violation of that rule.

Bob Cherry
Airwavz National Broadcasting

cherry at anb02.CTS.COM