Yes we're scanning for what we think will be emitted by a intelligent species. But even if one does exist, the radio waves it emits may not have reached us yet. Our own radio waves have only reached 200 light years away from us, which is nothing compared to our own universe.
So its not as cut and dry as you male it sound.
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True, and a highly advanced species could and more than likely would be using faster than light communication through means of something like quantum entanglement. But statisticly we are an anomaly in the universe, any intelligent life for that matter is.
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Based on our observations, correct