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U.S. v. HERRING

No. 90-7280.

993 F.2d 784 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Bennie Dean HERRING, Billy Clyde Herring, Ronald Mills, and Dee Dee Bell, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 21, 1993.

Attorney(s) appearing for the Case

W. Terry Travis, George Beck, Dennis R. Pierson, Montgomery, AL, for defendants-appellants.

James E. Wilson, U.S. Atty., Charles R. Niven, Asst. U.S. Atty., Montgomery, AL, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, and CARNES, Circuit Judges, and CLARK, Senior Circuit Judge.

ANDERSON, Circuit Judge:

The primary issue involved in this appeal is whether or not 18 U.S.C. § 2512(1)(b) of the Wiretap Act applies to the appellants' conduct. Appellants modified an electronic device known as a VideoCipher II (VC II). The VC II deciphers or unscrambles satellite television signals, and can be purchased readily and legitimately. Many satellite television signals are scrambled by the television programmer. In order to receive such scrambled...

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