TESTIMONY OF PERRY F. WILLIAMS, SECRETARY, THE AMERICAN RADIO RELAY LEAGUE, INC.; GEORGE A. KUHNREICH, VICE PRESIDENT, CORPORATE PLANNING AND GOVERNMENTAL AFFAIRS, TANDY CORP., AND RICHARD T. COLGAN, EXECUTIVE SECRETARY, ASSOCIATION OF NORTH AMERICAN RADIO CLUBS Mr. WILLIAMS. Mr. Chairman, distinguished representatives, ladies and gentlemen: Thank you for inviting me to speak on behalf of the Nation's 416,000 licensed radio amateurs. Our written testimony briefly sketches what the amateur service is, and the public services it performs. The testimony establishes that there is no expectation of privacy in amateur radio. This opinion was supported by the Congress as recently as 1982 in Public Law 97-259 when it amended section 605, now 705, of the Communications Act. Wisely, the proposed Electronics Communications Privacy Act continues to exempt amateur transmissions. If report language makes it clear that amateur communications are exempt at all times even when the radios are connected to telephone or data networks, our basic concerns are met. However, there is one more problem not fully developed in our text, similar to the concerns being expressed by the community of listeners here today-the tradition, nearly 75 years old, that amateurs are free to monitor any radio transmissions whose waves pass over their receivers. This concept was stated in the 62d Congress as it reported on bills to regulate radio communication in 1912. To quote from that report: "The bill does not interfere in any way with the hearing of messages by amateurs at all times and places as they may elect." "Amateur" in that context was generic-it included listeners. This freedom is not just in the abstract. Amateurs need it to continue doing their public works. When amateurs help the Forest Service fight brush fires in California they have to keep one ear on Forest Service frequencies. When serving as tornado spotters-as 30,000 amateurs dothroughout the midsection of the country, they monitor weather service circuits. Along the coasts of the country, amateurs helping the Coast Guard respond to boats in distress must listen on maritime frequences. And when we help the Civil Air Patrol, we are monitoring aeronautical circuits. So, the need for freedom to listen is still there and still in the public interest. The checks and balances of section 705 tying "intercepting" to "divulging or using" seem to have served well for 72 decades. Such a concept still is valid. Thank you. Mr. KASTENMEIER. Thank you very much, Mr. Williams. Before the SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES of the COMMITTEE ON THE JUDICIARY U.S. HOUSE OF REPRESENTATIVES Statement of Larry E. Price, Ph.D. President of The American Radio Relay League, Incorporated on Bill H.R. 3378--"The Electronic Communications Privacy Act of 1985" Presented by Perry F. Williams Secretary of The American Radio Relay League IC. The American Radio Relay League, Incorporated is the national, non-profit organization representing the interests of the more than 400,000 amateur radio operators licensed in the United States by the Federal Communications Commission. The League is appreciative of the opportunity to submit to this Subcommittee the views and concerns of amateur radio operators relative to the instant proposed legislation. In every The Amateur Radio Service is allocated various radio frequency bands for local, regional, national and worldwide communications. Such communications promote technical self-training and provide a unique ability to enhance international goodwill. More importantly, however, amateurs are expected to and do provide regular public service and emergency communications. major disaster, amateur radio operators provide communications where other facilities are destroyed or overtaxed. Most recently, following the earthquake in Mexico City, and the various hurricanes along the southern and east coasts of the United States, rescue efforts were coordinated via amateur radio and literally tens of thousands of health and welfare messages were exchanged by amateur radio links. Every day, amateur radio operators put armed services and government personnel in touch with their families in the United States when otherwise such communications would 'e impossible. Networks of amateurs who short notice for people who would not survive without it. The Federal Communications Commission has termed such operation a "priceless public benefit." In addition, amateurs have developed networks of computer data banks known as "packet networks" accessed by, and linked together with, amateur radio stations. These provide extremely rapid and error-free computer communications. ་ Because there are more than one and one-half million radio amateurs operating worldwide, using the same bands of radio frequencies, no one communicating via amateur radio or via amateur radio frequencies has any reasonable expectation of privacy. United States v. Sugden, 226 F.2d 281 (9th Cir. 1955) (dictum), aff'd 351 U.S. 916 (1956). A reasonable person would not expect that words uttered over an amateur radio frequency would be heard only by those few individuals for whom the communication was specifically intended. United States v. Hill, 50 Pike & Fischer Radio Regulations 2d 1331 (U.S. Court of Appeals, 1st Cir. 1982). All amateur radio operators may use any of the channels allocated to the Service (subject to transmitting restrictions based on operator license class). Thus, those utilizing amateur radio frequencies do not enjoy any expectation of privacy. See H.R. Conf. Report No. 97-765, 97th Cong., 2d Sess. at 60 (1982); reprinted in 1982 U.S. Code Cong. & Ad. News 2261. In 1982, 47 U.S.C., so as to clarify the absence of any expectation of privacy in connection with amateur communications and thus the exemption from the reception and disclosure restrictions of 47 U.S.C. $705. The creation of an expectation of privacy in amateur radio is further unnecessary and antithetical to the nature of the Service. The FCC Rules and Regulations governing the Amateur Radio Service (Title 47, CFR Part 97) prohibit business communications (See $97.110); prohibit the transmission of messages for hire, or for material compensation, direct or indirect, paid or promised (See $97.112); and prohibit third-party traffic involving material compensation to any person and traffic consisting of business communications on behalf of any party (See $97.114). The Radio Regulations (Geneva 1982) require that transmissions between amateur radio stations of different countries, when permitted, must be limited to "messages of a technical nature relating to tests, and to remarks of a personal character for which, by reason of their unimportance, recourse to the public telecommunications service is not justified." Section 97.111 of the FCC Rules reiterates this treaty requirement. There are, of course, exceptions to these prohibitions relating to disaster communications. The instant Bill, however, wisely also contemplates exempting disaster communications from privacy Accordingly, no legitimate amateur radio com considerations. |