In-depth Report on New York's Mobile Scanner Law

I have written an in-depth analysis of the legal situation in New York and am offering it for a nominal charge of $5.00 per e-copy.

FLASH:  As of January 2, 2009, this article is available free of charge.  I am considering an update, but in the meantime you may obtain a copy simply by sending me an email request for  it.

The title is: No Scanner For You?  New York's Flawed Approach to Protecting Police Radio Communications From Misuse by Criminals.

These are some of the topics covered in the report:

• History of New York's mobile scanner law.
• History of the "ham exemption" in Section 397.
• Other New York scanner-related laws.
• The things the law does not protect.
• Arguments for and against Federal pre-emption of Section 397.
• Do citizens have a right to monitor police radio communications?
• Other people besides hams who could be prosecuted under this law - you might be surprised!
• Suggestions for legislative corrections to the law.

This 50-page article is in law review style and follows Bluebook conventions for legal citations, with over 120 footnotes.  I am publishing it this way because the focus on one state’s laws is too narrow for inclusion in most law journals.  It should be useful to the New York amateur radio and public safety communities, as well as members of the legal profession and, I hope, state legislators.  10 cents per page of solid legal research is an excellent value. 

This article is protected by copyright and may not be duplicated, distributed, reprinted, posted electronically, or resold by any means without express written permission from the author.

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