2 April 2003


To: tscm-l@yahoogroups.com
From: "Steve Uhrig" <steve@swssec.com>
Date: Wed, 02 Apr 2003 12:46:53 -0500
Subject: [TSCM-L] Re: legal question

On 2 Apr 2003 at 8:33, Andre Holmes wrote:

> ===== I have rolled up on a Police covert operation and I had with me
> a Icom R2 in full scan.

> ===== The Icom R2 locked on 434 MHz with 5 KHz spacing, I was approx
> 400 ft from the target area in a vehicle.

> ===== I noticed that they were using a 434 MHz wireless camera
>  with the undercover agent in a lighted area to compensate for lux. 40
> ft away was the recording team, it was great to see it all in real
> time and pick off the wireless camera at the same time so if you are
> within the radius of a real bug you should have no problem locking on
> the signal.

Well, Andre, you stumbled onto an illegal surveillance operation.

In the U.S., 434 megacycles is ILLEGAL to use for surveillance. That 
frequency is an amateur radio (ham radio) frequency, legal ONLY for 
hobby operation.

No local, state or federal agency can use it for surveillance.

Federal agencies MUST get an IRAC coordination to use anything other 
than frequencies licensed to them. IRAC *will not* coordinate any 
amateur frequencies for law enforcement surveillance.

So, whomever the LE agency was surveilling, their evidence is no good 
because it was gathered illegally. If things ever go to court, and 
the defense attorney is sharp enough, that evidence and anything 
subsequent will be thrown out.

Doesn't matter that the spy shops sell stuff there. It's cheap and 
easy to relabel inexpensive ham radio equipment and sell it illegally 
at inflated prices to naive agencies.

To use anything on amateur frequencies, you must have a ham radio 
license of the proper class for that frequency, be engaged in two way 
communication, identify with your ham callsign every ten minutes, and 
commercial uses are forbidden.

It is impossible for a law enforcement agency to meet these criteria 
in surveillance.

There is an exception for 434 and other frequencies to be used for 
low power data transmissions, like car alarm remote controls, but the 
field strength limits restrict range to a very short distance. 
Effective power out for a legal data device on 434 is less than one 
milliwatt, although it is not measured that way. And that is for data 
only, not video or voice or anything.

Another problem with using amateur frequecies is that many hams spend 
all their waking hours listening for weak signals all around the 
bands. The probability for intercept is very high. And, many amateur 
frequencies are used as inputs to repeaters. 434 megacycles is the 
input to one of the amateur repeaters in the LA basin. Transmit there 
and you'll be sharing your signals with thousands of hobbyists over 
several hundred square miles. It's happened, and the hams have had to 
DF 'surveillance' transmitters used to monitor a parking lot.

In two different cases I've had, one LE agency using spy shop stuff 
got into the TV system in a hotel where they were working, and anyone 
on the proper channel in any hotel room could watch the surveillance 
in another room in the hotel.

In another, at El Dorado airport in Bogota, the military was using 
some wireless video purchased from a spy shop and got into the video 
system of the entire airport. Their surveillance was seen on many 
many video monitors throughout the airport, for the few minutes 
before they discovered it and shut it down.

With equipment most of us would have, it would be extremely difficult 
to intercept a properly done LE video surveillance. Virtually all of 
it is at microwave, you need to be in the path or very close, and 
more and more of it is being encrypted.

So, in a different way, you uncovered an illegal surveillance.

Steve


*******************************************************************
Steve Uhrig, SWS Security, Maryland (USA)
Mfrs of electronic surveillance equip

mailto:Steve@swssec.com  website http://www.swssec.com
tel +1+410-879-4035, fax +1+410-836-1190
"In God we trust, all others we monitor"
*******************************************************************

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