How the Greek cellphone network was tapped.

[David I. Emery]

On Sat, Jul 21, 2007 at 12:56:00PM -0400, Steven M. Bellovin wrote:
> On Sat, 21 Jul 2007 04:46:51 -0700 (PDT)
> look at 18 USC 2512
> (http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002512----000-.html)
> 
> 	any person who intentionally ...
> 
> 	manufactures, assembles, possesses, or sells any electronic,
> 	mechanical, or other device, knowing or having reason to know
> that the design of such device renders it primarily useful for the
> 	purpose of the surreptitious interception of wire, oral, or
> 	electronic communications, and that such device or any component
> 	thereof has been or will be sent through the mail or transported
> 	in interstate or foreign commerce;
> 
> 	...
> 
> So simple possession of a surreptitious interception device is illegal,
> with exceptions for things like sale to law enforcement or
> communications companies.

	This language was originally aimed at "bugs", hidden
microphones,  and other similar devices with essentially no purpose
other than intercepting conversations. These devices are usually called
"Title III" devices and are indeed illegal as defined above except in
the hands of law enforcement and the like. Private use and even
possession is forbidden. 
 
	And there have been many prosecutions for possession, sale,
trafficking in, and importing "bugs" and similar intercept hardware -
mostly of "Spy Shop" operators who import this stuff from abroad and
sell it to sleazy private investigators and divorcing spouses.

	This language has been around since the 1968 Omnibus Act was
passed and was extended with the passage of the 1986 ECPA to cover
"wire, oral, or electronic communications".  It is not new and did not
result from the Newt Gingrich intercept or other more recent incidents.

	AFAIK, (and IANL), the DOJ has rarely if ever applied Title III 
to ordinary radio receivers or other hardware which has general purpose
uses. Scanners and other radio receivers sold to the general public are
regulated by the FCC under authority created in 1993, and FCC rules were
substantially toughened around 1999 to require scanners not be readily
modifiable to tune analog cellular frequencies and meet certain design
criteria intended to make this harder and make it harder to hear
cellular calls on image frequencies. These rules also make it illegal to
modify scanners to tune cellular calls.

	I know of no court case which has established that sale or
possession of scanners or radio receivers built before the ban on
cellular reception went into effect is illegal, and many tens of
thousands if not hundreds of thousands of such radios are in circulation
(and sold regularly on eBay).

	In recent years there have a small number of  prosecutions for
sale or possession of radio equipment and software to intercept
commercial common carrier pager transmissions under Title III.   There
is at least one precedent that defines such software as a Title III
device.

	This probably means that software specifically intended to
enable intercept of any other  signal that is not legal to listen to
might also be declared a Title III device, though I am unaware of this
having happened as of yet.

	However, even though the cell industry asked the FCC to do so,
the FCC has declined to regulate test equipment - including test
equipment that can tune and demodulate digital cellular and other
forbidden RF signals - provided it is not marketed to the general
public.   It is not illegal to possess or sell, import or export,
manufacture or modify such gear though of course it is illegal to
actually use such gear to intercept signals not included in the list of
allowed to listen to signals in section 119 of Title III.

	And obviously regulation of test equipment would pose some very
difficult problems - since many many common real world RF tests require
DC to daylight  coverage without gaps to spot spurious signals, mixing
products, noise, interference etc... and crippled test equipment COULD
not do this job.


-- 
  Dave Emery N1PRE/AE, die at dieconsulting.com  DIE Consulting, Weston, Mass 02493
"An empty zombie mind with a forlorn barely readable weatherbeaten
'For Rent' sign still vainly flapping outside on the weed encrusted pole - in 
celebration of what could have been, but wasn't and is not to be now either."

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