Originally Posted by
TheOddOne
This is really interesting. The 'intended recipient' of my ADS-B 'out' transmissions is anyone in the vicinity who is airborne or another agency on the ground using the information for my benefit. This includes someone in the clubhouse looking at FR24 to see when the aircraft will be back for sortie planning purposes. In order for this to work, the information needs to be presented on a web site via the internet.
Someone needs to bring a test case to see if transponder transmissions are covered by the definition 'wireless telegraphy'. Strictly, 'telegraphy' means 'the long distance transmission of written messages' (from the ancient Greek).
It's also interesting that in the US (and Canada it seems) we can listen to ATC voice transmissions and get an instant replay on social media whenever there is an accident or incident, whereas in the UK, you never hear a peep - probably due to people being afraid of the WTA 2006.
Freedom of Information seems a lot free-er in some places than others...
TOO
No test case required. The UK Wireless Telegraphy Act, 2006, Section 116 states:
(1)In this Act “wireless telegraphy” means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which subsection (2) applies.
(2)This subsection applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz that—
(a)serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or
(b)is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects.
Receiving ADSB-out and Mode-S signals, unless you are an intended recipient (as a Flying Club clubhouse would be) is definitely covered by the Act and hence illegal in the UK. Previous versions of the Act only
using the information gained was an illegal activity, but the 2006 Act made receiving the information illegal as well.