Are websdrs, spyservers etc... legal?

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James_from_France
Posts: 39
Joined: Sat May 13, 2017 4:02 pm

Are websdrs, spyservers etc... legal?

Post by James_from_France » Mon Apr 09, 2018 7:27 pm

Hello,

In many countries, you're not allowed to share the information that you receive with a scanner. So my question is 'are websdrs and spyservers legal?'
Is it legal to share your Ads-b or AIS data?

Thanks for your thoughts.

Regards,

James.

JEL
Posts: 124
Joined: Wed Feb 07, 2018 2:08 am

Re: Are websdrs, spyservers etc... legal?

Post by JEL » Mon Apr 09, 2018 10:28 pm

I believe all publicly-relevant, as well as all amature, broadcasts are shareable legally (IE radio that the public, or parts of the public, already have open access to (Minus copyrighted material, such as music and movies))

ADS-B and AIS are public traffic-info; relevant to the public, used by the public, so legally shareable (Just like road-traffic reports)

Some of the police's tactical conversations; not relevant to the public, so not legally shareable (Unless shared by the department themselves, as some in the US do, for example)

Internal corporate conversations; not relevant to the public, so not shareable.

I'm not a lawyer though, and of course some countries are stricter, or more lax, than others, but I think going by that as a general-rule is probably sensible enough to avoid getting into trouble.

James_from_France
Posts: 39
Joined: Sat May 13, 2017 4:02 pm

Re: Are websdrs, spyservers etc... legal?

Post by James_from_France » Wed Apr 11, 2018 10:02 am

Hello,

Thanks for your answer.

For example, if you look at this site : (Radiocommunications Act 1989)
http://www.legislation.govt.nz/act/publ ... #DLM197387

It says : "Offence to disclose contents of radiocommunications
(1)
Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—
reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication"

Does that mean that you're not allowed to retransmit the communications that you receive?

Regards,
James.

Aussie Susan
Posts: 35
Joined: Sun Jul 31, 2016 1:55 am

Re: Are websdrs, spyservers etc... legal?

Post by Aussie Susan » Thu Apr 12, 2018 4:05 am

Not just retransmit but pass on the information received in any way. Courts (including those in NZ as I recall from my time as an Ham radio operator there) have been known to take a very broad interpretation of terms such as 'reproduce' in the act when it suits them.

Basically it assumes that all radio communications are effectively 1 to 1 and that anyone else who receives the information has to keep it to themselves. (I think there is a generally accepted exception for broadcast radio and TV so I doubt if you would get into trouble if you mentioned to someone something that you heard on the news for example.)

There is also another clause in the Act that says that nothing in the act prevents you passing on information in an emergency situation to the appropriate authorities (or words to that effect). I remember discussions many years ago about the situation of one Ham operator receiving a request by another to call an ambulance or the police (as passing on information is strictly speaking against the act that you quote) but that this was allowed as it could be considered an emergency. The same is true of anyone acting on receiving a 'mayday' or similar transmission.

Susan

James_from_France
Posts: 39
Joined: Sat May 13, 2017 4:02 pm

Re: Are websdrs, spyservers etc... legal?

Post by James_from_France » Thu Apr 12, 2018 12:57 pm

Hello Susan,

Thanks for answering.

So from your point of view, websdrs and spyservers aren't legal beause you're not allowed to retransmit the stuff that you receive ? Is that right ?

Regards,

James

HobbyMan
Posts: 38
Joined: Sat Apr 07, 2018 1:55 am

Re: Are websdrs, spyservers etc... legal?

Post by HobbyMan » Thu Apr 12, 2018 3:29 pm

Since you are not actually sharing the information or rebroadcasting it over the air, it should be fine. As long as you keep the server address to yourself.

JEL
Posts: 124
Joined: Wed Feb 07, 2018 2:08 am

Re: Are websdrs, spyservers etc... legal?

Post by JEL » Thu Apr 12, 2018 11:33 pm

James_from_France wrote:
Wed Apr 11, 2018 10:02 am
knowing that the radiocommunication was not intended for that person

(. . .)

Does that mean that you're not allowed to retransmit the communications that you receive?
Say 2 employees at your local supermarket talks to each other on some radio-channel they have licensed... this is not meant for the public... don't re-transmit or talk about their conversation.

ADS-B is meant for all... safe to re-transmit and talk about.
(Aviation is no different than street-traffic, except it's taking place in the sky)

Say 2 truckers talk on the CB... it's open public radio... safe to re-transmit and talk about.

Your local FM-station playing the latest hit by Breanna Yde... safe to talk about, but not to re-transmit (Not because it's 1-1, but because of copyright-laws)

A HAM-operator sending a poem over RTTY on the 80meter band... open public radio... safe to re-transmit and talk about.

I don't know if New Zealand is particularly strict or anti free-speech protection, but as a western nation they should be driven by common sense (Doesn't mean they are of course, but they should be)

Basically radio-broadcasts are not secret and the authorities know this (That's why they use encryption on sensitive material).
The law is really only an attempt to scare you (And probably pre-dates modern internet information-sharing, and encryption, times anyway). And to give the authorities an option to go after you legally if you become too big a problem for them.
But in short I would say that you should only avoid re-transmitting things that are similar in nature to phone-conversations or of a personal nature (Use common sense)
If you catch a broadcast from your local super-market, where 2 employees talk about selling moldy bread, by all means publish it but just black out the names of the 2 :) (Public interest weighs pretty heavy)

If ADS-B was illegal to re-transmit, you wouldn't be able to receive it :)

illllm
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Joined: Tue Apr 17, 2018 5:41 pm

Re: Are websdrs, spyservers etc... legal?

Post by illllm » Tue May 08, 2018 11:29 pm

"Every person commits an offence against this Act who receives a radiocommunication......"

So basically using an RTL SDR for any purpose other than listening to Public Radio broadcasts is Illegal. :shock: :o

No listening to HAM, downloading Satellite images, listening to aircraft communication or plotting aircrafts on a map....all illegal.

James_from_France
Posts: 39
Joined: Sat May 13, 2017 4:02 pm

Re: Are websdrs, spyservers etc... legal?

Post by James_from_France » Thu May 10, 2018 1:16 pm

The full sentence is :
Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—
reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication"

So what I understand, is that you can receive anything you want but you must keep it for yourself. If you set up a public spyserver, you are not keeping the Information for yourself. If you share your NOAA images on a public website, you are not keeping the Information for yourself etc..

JEL
Posts: 124
Joined: Wed Feb 07, 2018 2:08 am

Re: Are websdrs, spyservers etc... legal?

Post by JEL » Fri May 11, 2018 12:55 am

Just for the record; NOAA's sat-data is public domain. Perfectly legal to receive and publish by anybody.

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