Re: [Discuss-gnuradio] Part 15 and Gnuradio...

[ed]

At 09:11 AM 12/18/02 -0800, address@hidden wrote:
> Fortunately, all the "restricted" can be harvest from obsolete consumer 
> gear, for example cable modems, at least for building receivers.  They 
> would have to ban down converters and all RF kits. Nahhh.

** screed mode on ***   at the risk of sounding alarmist, don't 
underestimate what the FCC can enforce.  after successfully banning the 
u.s. sale of radio receivers that covered 800MHz analog cellular 
frequencies to non-government users, they proceeded to ban the sale of 
downconverters that allowed UHF receivers to receive 800MHz analog cellular 
frequencies.  at least one company (GRE) was forced to stop selling their 
downconverter.  then the FCC successfully forced another company 
(Optoelectronics) to take their 800MHz bandpass filter off the 
market.  these were hobby electronics products, not mainstream consumer 
electronics products.

a conversation with an Optoelectronics engineer about the bandpass filter 
incident was eye-opening: he said the FCC basically told them all their 
future products' FCC type-acceptance could be "delayed" unless they stopped 
selling this bandpass filter to non-government customers.  kits are 
definately the best way to go for gnuradio hardware, but even that's no 
guarantee of government non-interference:

about three years ago two-decade old kit maker Ramsey Electronics, Inc. was 
raided by US Customs for selling a miniature low-power crystal-controlled 
VHF transmitter kit for the 2-meter amateur band (which was popular with 
ham radio operators, school electronics clubs, boy scout troops, etc.)  the 
mere fact that it was small enough to potentially be used for 
"surreptitious audio interception" (a.k.a. bugging) resulted in about $30K 
in inventory being confiscated from ramsey's warehouse at gunpoint.  the 
resulting legal charges cost john ramsey several hundred thousand 
dollars--and they've still not been adjudicated.
http://www.2600.com/news/display/display.shtml?id=348

earlier that year, the late hobbyist publisher bill cheek was arrested at 
his home in california for selling a simple 4-level data slicer kit based 
around a 741 op-amp.  although it had numerous legal hobby applications, 
the fact that someone in new york ordered and used one to demodulate 
unencrypted police mobile data terminal (MDT) FM transmissions--which was 
itself arguably legal--resulted in cheek's arrest for violating federal 
wiretapping charges for distributing hardware or software that could be 
creatively categorized under Title III (U.S.C. 18, Section 2512.)  gnuradio 
hardware and software could be creatively described the same way.

the bottom line is there are enough federal laws and regulations--and 
creative interpretations of them--to keep gnuradio underground if the 
federal government really wants to.  the actual use of gnuradio "hardware 
or software" for controversial applications isn't the issue.  *potential* 
applications are what's covered by the letter of the law--and for that 
reason it will probably become an issue eventually.  however misguided, 
some well-connected entities may eventually view gnuradio hardware and 
software as a threat to their interests...and that could be all it takes to 
create serious problems for the gnuradio project.

shipping partial gnuradio hardware kits without documentation to u.s. 
customers from countries with less restrictive spectrum restrictions may be 
one possible solution.  encrypting distro files may be another.  in any 
case, it might be prudent to be aware of potential roadblocks the gnuradio 
project might encounter when--not if--someone with "juice" becomes annoyed 
or pissed at the mere existence of gnuradio hardware or software.

-ed    ** screed mode off **