Intelligence Law Glossary - Readily Accessible to the General Public


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Readily Accessible to the General Public

Statutory Law

18 U.S.C. § 2510(16) (Title 18—Chapter 119: Wire and Electronic Communications Interception and Interception of Oral Communications)

As used in this chapter [18 U.S.C. §§ 2510 et seq.]—
   (16) "readily accessible to the general public" means, with respect to a radio communication, that such communication is not—
      (A) scrambled or encrypted;
      (B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;
      (C) carried on a subcarrier or other signal subsidiary to a radio transmission;
      (D) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or
      (E) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;