[grc] A possible probe from a Brietbart type organization.

Sat Dec 10 10:23:02 PST 2016

Wow!  That is quite a cautionary tale.

For those LPFMs who have committed to a Main Studio for at least 20 hours per week, and full power community stations who must have a main studio no matter what, it may be best to keep banter about potential pratfalls to a minimum. A friendly re-direction of the conversation might help deflect a misanthropic fishing expedition.

For LPFMs, as there is no public file requirement, there is nothing for anyone to inspect.  The Main Studio commitment is simply to encourage community engagement.  You can engage on LPFM FCC regulatory issues by simply referring anyone to the FCC's website . That might serve as a name, rank and serial number answer in any dodgy situation.  For LPFMs, the specific FCC webpage  is https://www.fcc.gov/media/radio/lpfm

For full power stations,  you might simply punt on regulatory issues by referring the visitor to "The Public and Broadcasting," which is an FCC booklet that is a required part of every  public inspection file.  It is also available online at https://apps.fcc.gov/edocs_public/attachmatch/DA-08-940A2.pdf

Stations might also want to check state law on surreptitious recordings, just in case of a faux-journalistic sting directed against the station.  Some states require everyone being recorded to consent (especially in a private space, such as a station's main studio/offices).     If you are in one of those states, this would at least give you extra legal protections (including, in some states, allowing you to press criminal charges).

This was an issue in the Bill Clinton-Monica Lewinsky sex scandal.  Maryland bans surreptitious voice recording (you must have consent to record).  Monica Lewinsky's friend, Linda Tripp, was indicted as a result of surreptitious recordings of Monica discussing oval office encounters.

Here are a couple of links that explain it well -- mostly from the perspective of a news reporter.  But you can see which states have these kind of laws that might be useful as a counterweight to any faux-newsgathering sting.

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

http://www.rcfp.org/rcfp/orders/docs/RECORDING.pdf

Remember, that these items may not be 100 percent accurate today -- for instance, Illinois has had changes due to court intervention.

But these represent a good starting point to come up with a station policy -- which may well be prudent in the current political and social climate, as Barry Lee's post so poignantly illustrates.  Be prepared! (I say, as the proud father of an Eagle Scout….)

Michael W. Richards, Attorney
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Takoma Park, MD 20912
Tel. 202.657.5780
michael at michaelrichards.us<mailto:michael at michaelrichards.us>
On Twitter: Commlawguy
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-----Original Message-----
From: grc [mailto:grc-bounces at maillist.peak.org] On Behalf Of Jeffery Humfeld via grc
Sent: Friday, December 09, 2016 11:02 PM
To: _GRC List <grc at maillist.peak.org>
Subject: [grc] A possible probe from a Brietbart type organization.

 All,    KKFI's Station Manager Barry Lee sent this email out to all of our programmers.  I think that in these times we should all be on guard against those who would rather we did not exist and would like to silence us all.
Folks,
 Last Monday a guy came in to visit the station without an appointment and asked a series of very hypothetical questions designed, I think, to probe ways the station could get into trouble with the FCC.
 He was a skinny guy, blonde hair, glasses, with a blue backpack somewhere between 19 and 22 years old--looked like a college student.  He did not want to volunteer and seemed uninterested in a tour of the station.
  He had started the conversation with Phil at the front desk and I happened to hear his questions and introduced myself.
  He had a series of questions that seemed to be centered on ways people could harm the station.
  I don't think he was crazy.
  After discussing this with Judy Ancel, who has had some unfortunate experiences with the Breitbart organization, we believe this person may have been a scout from Breitbart or some similar right wing organization looking for ways to either prank us or get us into trouble with the FCC.  I gave him no answers he could use.  I hope I'm wrong about this.
  These folks specialize in bogus interviews with people which they then edit to make your answers sound like they agree with whatever scenario they are using to attempt to discredit organizations.
  If anyone attempts an impromptu interview with you during office hours, politely refer them to office staff.  If they attempt to come in after hours, refer them to our office hours and phone number and ask them to make an appointment.
  So far, we've not had any problems in the past with these sorts of organizations, but their activities might be ramping up with the election of the new President.
  Be extra vigilant in the parking lots day and night and at night if someone does not adequately identify themselves, do not let them into the building or the station.  IF they claim to be guests on a show that hasn't started yet, refer them to the hosts of that show.  If they are real guests, they should have contact info for the show that they claim to be guests on.
   Let's hope we continue to be left alone by these kinds of right wing organizations, but it's not a bad idea to be aware of what's out there.
   If anyone has had something similar happen to them in recent days, let me, Mike, or Bill know.

   -Barry  Lee
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