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Is it legal to record transmissions(GMRS) for possible violation?


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#1 WRCC719

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Posted 20 September 2018 - 01:06 PM

This question is just for information only.

I think the answer is no due to privacy but i have a individual here locally keeps keying up the repeater but says nothing just trying to find out the legality of recording.

#2 Durake

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Posted 20 September 2018 - 01:11 PM

I don't believe so. I know some states have something called the "wiretap law" but I'm too lazy to look it up and it probably varies by state. Here in Texas I've recorded (and uploaded) plenty of illegal transmissions and activity on both GMRS and Amateur. No issues thus far.


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Drake Robinson | "Motoballa"

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#3 SteveC7010

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Posted 20 September 2018 - 01:18 PM

This question is just for information only.

I think the answer is no due to privacy but i have a individual here locally keeps keying up the repeater but says nothing just trying to find out the legality of recording.

Most police, fire, EMS, local government agencies record all of their radio traffic. So do many businesses. Absent encryption (not legal on GMRS anyway), there is no expectation of privacy on two-way radio traffic; cell phone frequencies excepted.

I'm not sure what value recording silent transmissions might be, but only you can decide that.
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#4 Logan5

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Posted 20 September 2018 - 01:26 PM

Considering the FCC accepts audio recordings, when making a compliant of interference or illegal operation. We have used audio recordings of illegal operation to obtain information on the individuals involved. A major convenience to review than to sit and listen the whole day.  


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#5 WRCC719

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Posted 20 September 2018 - 02:09 PM

Thanks guys greatly appreciated i didn't want to be doing anything illegal.
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#6 Durake

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Posted 20 September 2018 - 02:11 PM

Most police, fire, EMS, local government agencies record all of their radio traffic. So do many businesses. Absent encryption (not legal on GMRS anyway), there is no expectation of privacy on two-way radio traffic; cell phone frequencies excepted.

I'm not sure what value recording silent transmissions might be, but only you can decide that.

 

Very good response.


Drake Robinson | "Motoballa"

EMS Dispatcher @ Mount Hope, WV

Dallas County REACT183

 

 

 

#7 Jones

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Posted 20 September 2018 - 09:07 PM

You can listen to, and record any open, in-the-clear radio transmissions you would like, (except cellular phone and encrypted comms) and you may forward the recordings along with other documentation as evidence of violations to authorities.

 

If you are a repeater owner or trustee, then record away, it is your system to control. 

...and keep very good logs and notes, including time and date of alleged violations, and any triangulation or location info you have.

 

Make sure you have facts. Just saying "I think Billy is kerchunking my machine." will get you no where.

 

Also... one thing I have done on one my Ham machines to eliminate kerchunkers is to have ZERO hang time, and no "courtesy tone" or "Roger Beep".  The repeater works, but if they chunk-chunk-chunk it and don't hear the "tail", they assume it isn't working, or that they do not have the correct tone, and they leave.  If they key up and ID themselves, then I will answer.  I inform them about the machine having no hang time, and no beeps and boops.  I tell them it is like a "religious" repeater: they just need to have faith that it is working.


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#8 quarterwave

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Posted 21 September 2018 - 08:35 AM

I used to use a windows program called ScanRec to record to the PC, was monitoring my repeater output during the day when I suspected someone was getting in to it. 


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#9 Hans

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Posted 21 September 2018 - 01:49 PM

I tell them it is like a "religious" repeater: they just need to have faith that it is working.


ROTFL! I am so going to steal that line.
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#10 kevsh

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Posted 23 September 2018 - 04:49 PM

Not Illegal to record traffic on your repeater its actually a good idea. You never know what may occur. As for keying up repeaters to see if it is accessible, I don't have a problem with it. Just when the keying gets way out of hand like keying to agitate everyone, that is when it becomes a problem. There was a software called rf ID alot of repeater amateur radio owners used, that was good. It gives u the ability to ID the keyer or chunker on the input side, and with a sufficient yagi helps you find the direction its coming from.



#11 WRCC719

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Posted 23 September 2018 - 06:02 PM

Not Illegal to record traffic on your repeater its actually a good idea. You never know what may occur. As for keying up repeaters to see if it is accessible, I don't have a problem with it. Just when the keying gets way out of hand like keying to agitate everyone, that is when it becomes a problem. There was a software called rf ID alot of repeater amateur radio owners used, that was good. It gives u the ability to ID the keyer or chunker on the input side, and with a sufficient yagi helps you find the direction its coming from.

@Kevsh Thanks for the information but i am not the repeater owner i am just a user on that repeater, however i don't think this individual was checking to see if the repeater is in use.

The reason i say that is because the person keys up while i am in a qso with another station and the station as it was weak into the repeater.

Apprently whoever this person is is just trying to get attention but not while a conversation is going on.

#12 WPXM352

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Posted 20 October 2018 - 06:53 PM

Some of those random attempts might be folks with "low parts count" radios from China. Many don't provide adequate deviation and the CTCSS tone might be weak.



#13 oldtech

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Posted 20 October 2018 - 08:16 PM

Since you are not the repeater owner, there is little you can do beyond complaining to the owner. If the perp is a typical 'kerchunker', there is only a momentary disruption, no real harm done (even though it is a rule violation). Unless you can devote the time and resources to positively identify the offender, the chances of an FCC response is virtually nil.

 

If, however, they are transmitting for a long period, that constitutes intentional interference which the FCC may be interested in.






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