Software-defined radio is amazing, but is it legal?
The laws are old and it’s not tested but let’s start a discussion and see where SDR falls in the current laws.
Sources:
*Cellular Blocks:
https://wiki.radioreference.com/index.php/Cell_blocked
*FCC Interception and Divulgence:
https://www.fcc.gov/consumers/guides/interception-and-divulgence-radio-communications
*United Nations Arrest:
https://www.rtl-sdr.com/united-nations-expert-arrested-in-tunisia-for-using-an-rtl-sdr/
I would argue that SDRs are not within the scope of “scanning receiver” as defined in 47 CFR sec. 15.3(v).
The reason for this is that while an SDR can be operated on different frequencies, by itself it cannot automatically switch frequencies.
I think if you consider the legislative intent, it was designed to prevent eavesdropping on analog cellular service that is now obsolete, so there is no need to read the statute as being any more inclusive than of analog scanning receivers (i.e. “police scanners”) that existed in the early 1990s.
I don’t disagree that the law is old and not really relevant but it’s still on the books and scanner manufactures still follow it.
You are correct that by itself it’s not a scanner but with a plugin and 3 minutes of time it can be a scanner. Most of those laws stipulate that if it can be ‘easily modified’ it’s still breaking said law.
I’m not saying that currently these are illegal (although in theory maybe they are) my concern is that maybe some day these old laws will come back to haunt us and be used to harm SDR.