CSHB 187(FIN) AM: "An Act authorizing the interception of private communications related to the commission of certain criminal offenses; relating to pen registers, trap devices, and communications in electronic storage; amending statutes relating to eavesdropping and wiretapping; relating to the penalty for violation of statutes relating to eavesdropping and unauthorized interception, publication, or use of private communications; and providing for an effective date."
00CS FOR HOUSE BILL NO. 187(FIN) am 01 "An Act authorizing the interception of private communications related to the 02 commission of certain criminal offenses; relating to pen registers, trap devices, and 03 communications in electronic storage; amending statutes relating to eavesdropping 04 and wiretapping; relating to the penalty for violation of statutes relating to 05 eavesdropping and unauthorized interception, publication, or use of private 06 communications; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 12 is amended by adding a new chapter to read: 09 CHAPTER 37. AUTHORIZED COMMUNICATIONS INTERCEPTIONS. 10 ARTICLE 1. INTERCEPTION OF PRIVATE COMMUNICATIONS. 11 Sec. 12.37.010. AUTHORIZATION TO INTERCEPT COMMUNICATIONS. 12 The attorney general or a person designated in writing or by law to act for the attorney 13 general, may authorize, in writing, an ex parte application to a court of competent 14 jurisdiction for an order authorizing the interception of a private communication if the
01 interception may provide evidence of, or may assist in the apprehension of persons 02 who have committed, are committing, or are planning to commit, the following 03 offenses: 04 (1) murder in the first or second degree under AS 11.41.100 - 05 11.41.110; 06 (2) kidnapping under AS 11.41.300; or 07 (3) a class A or unclassified felony drug offense under AS 11.71. 08 Sec. 12.37.020. APPLICATION FOR ORDER AUTHORIZING A 09 COMMUNICATION INTERCEPTION. (a) Each application for an order authorizing 10 the interception of a private communication shall be made in writing upon oath or 11 affirmation and must state 12 (1) the authority of the applicant to make the application; 13 (2) the identity of the peace officer for whom the authority to intercept 14 the communication is sought; 15 (3) the facts relied upon by the applicant for the order, including 16 (A) if known, the identity of the particular person committing 17 the offense and whose communication is to be intercepted; 18 (B) the details as to the particular offense that has been, is 19 being, or is about to be committed; 20 (C) the specific type of communication to be intercepted; 21 (D) a showing that there is probable cause to believe that the 22 communication will be communicated on the specific communication facility 23 involved or at the specific place where the oral communication is to be 24 intercepted; 25 (E) a showing that there is probable cause to believe that the 26 facility from which, or the place where, the communication is to be intercepted, 27 is, has been, or is about to be used in connection with the commission of the 28 offense, or is leased to, listed in the name of, or commonly used by, the person 29 whose communication is to be intercepted; 30 (F) the character and location of the specific communication 31 facility involved or the specific place where the oral communication is to be
01 intercepted; 02 (G) the objective of the investigation; 03 (H) a statement of the period of time for which the interception 04 is required to be maintained, and, if the objective of the investigation is such 05 that the authorization for interception should not automatically terminate when 06 the described type of communication has been first obtained, a specific 07 statement of facts establishing probable cause to believe that additional 08 communications of the same type will continue to occur; 09 (I) a specific statement of facts showing that other normal 10 investigative procedures with respect to the offense have been tried and have 11 failed, or reasonably appear to be unlikely to succeed if tried, or are too 12 dangerous to employ; 13 (4) the facts known to the applicant concerning all previous applications 14 made to a court for the issuance of an order authorizing the interception of a private 15 communication involving any of the same facilities or places specified in the current 16 application or involving the same person whose communication is to be intercepted, 17 and the action taken by the court on each application; 18 (5) if the application is for an extension of a previously issued order, 19 a statement of facts showing the results obtained thus far from the interception, or a 20 reasonable explanation for the failure to obtain results; 21 (6) a proposed order authorizing the communication interception; and 22 (7) any additional facts in support of the application considered 23 appropriate by the applicant or by the court. 24 (b) If an applicant for an order authorizing a communications interception is 25 relying upon uncorroborated evidence provided by a confidential informant, the court 26 may hold an in camera hearing at which it may inquire as to the identity of the 27 informant or as to any other relevant information concerning the basis upon which the 28 applicant is applying for the order. 29 Sec. 12.37.030. REQUIREMENTS FOR AN ORDER AUTHORIZING A 30 COMMUNICATIONS INTERCEPTION. Upon consideration of an application, the 31 court may enter an ex parte order authorizing the interception of a private
01 communication if the court determines, on the basis of the application, that 02 (1) there is probable cause to believe that the person whose 03 communication is to be intercepted is committing, has committed, or is planning to 04 commit an offense listed in AS 12.37.010; 05 (2) there is probable cause to believe that a communication concerning 06 the offense may be obtained through the interception; 07 (3) there is probable cause to believe that the facility from which, or 08 the place where, the communication is to be intercepted, is, has been, or is about to 09 be used in connection with the commission of the offense, or is leased to, listed in the 10 name of, or commonly used by, the person whose communication is to be intercepted; 11 (4) normal investigative procedures with respect to the offense have 12 been tried and have failed or reasonably appear to be either unlikely to succeed if tried 13 or too dangerous to employ; and 14 (5) if the application, other than an application for an extension, is for 15 an order to intercept a communication of a person, or involving a communications 16 facility, that was the subject of a previous application, the current application is based 17 upon new evidence or information different from and in addition to the evidence or 18 information offered to support the previous application. 19 Sec. 12.37.040. CONTENTS OF ORDER AUTHORIZING A 20 COMMUNICATIONS INTERCEPTION; LIMITATIONS ON DISCLOSURE. (a) 21 Each order entered under AS 12.37.030 must state 22 (1) that the court is authorized to enter the order; 23 (2) if known, the identity of, or a particular description of, the person 24 whose communications are to be intercepted; 25 (3) the character and location of the particular communication facility 26 or the particular place of the communication as to which authority to intercept is 27 granted; 28 (4) a specific description of the type of communication to be 29 intercepted and a statement of the particular offense to which it relates; 30 (5) the identity of the peace officer or officers to whom the authority 31 to intercept a communication is given and the identity of the person who authorized
01 the application; and 02 (6) the period of time during which the interception is authorized, 03 including a statement as to whether or not the interception automatically terminates 04 when the described communication has been first obtained, and a statement that the 05 interception shall begin and terminate as soon as practicable and be conducted in such 06 a manner as to minimize the interception of communications not otherwise subject to 07 interception. 08 (b) An order entered under AS 12.37.030 may not authorize the interception 09 of private communications for a period of time exceeding 30 days or that period 10 necessary to achieve the objective of the authorization, whichever is shorter. The 11 authorized interception period begins on the day on which the peace officer first begins 12 to conduct an interception under the order or 10 days after the order is entered, 13 whichever is earlier. Extensions of 30 days or less may be granted if application for 14 each extension order is made under AS 12.37.020 and the necessary findings are made 15 by the court under AS 12.37.030. 16 (c) The court may require an applicant to file periodic reports with the court, 17 showing what progress is being made toward achieving the authorized objective of the 18 communication interception and what need exists for continued interception. The 19 intervals at which the reports are to be filed shall be determined by the court. 20 (d) An order entered under AS 12.37.030 may, upon request of the applicant, 21 direct that a communications common carrier, provider of wire or electronic 22 communication services, landlord, owner, building operator, custodian, or other person 23 furnish the applicant, without delay, all information, facilities, and technical assistance 24 necessary to accomplish the interception unobtrusively. The obligations of a 25 communications common carrier under an order may include the obligation to conduct 26 an in-progress trace during an interception. A communications common carrier, 27 provider of wire or electronic communication services, landlord, owner, building 28 operator, custodian, or other person who furnishes facilities or technical assistance 29 under this subsection shall be compensated by the applicant at prevailing rates. 30 (e) A communications common carrier, provider of wire or electronic 31 communication services, landlord, owner, building operator, custodian, or other person
01 who, under this section, has been shown a copy of an order authorizing the 02 interception of a private communication may not disclose the existence of the order 03 or of the device used to accomplish the interception unless 04 (1) the person is required to do so by legal process; and 05 (2) the person gives prior notification to the attorney general or the 06 attorney general's designee who authorized the application for the order. 07 (f) An order entered under AS 12.37.030 may, upon the request of the 08 applicant, authorize the applicant to enter a designated place or facility as often as 09 necessary to install, maintain, or remove an intercepting device. The applicant shall 10 notify the court of each such entry before its occurrence, if practicable. If prior notice 11 is not practicable, the applicant shall notify the court within 72 hours after the entry. 12 Sec. 12.37.050. PRIVILEGED COMMUNICATIONS. An otherwise 13 privileged communication intercepted in accordance with, or in violation of, the 14 provisions of AS 12.37.010 - 12.37.130 does not lose its privileged character by reason 15 of the interception. 16 Sec. 12.37.060. COLLATERAL AUTHORITY OF COURT; 17 INTERPRETATION OF ACT. (a) Notwithstanding any other provision of 18 AS 12.37.010 - 12.37.130, a court to which an application is made for an order 19 authorizing the interception of a private communication may take the evidence, make 20 the findings, or issue the other orders necessary to conform the proceedings or the 21 entry of an order to the United States Constitution, the Constitution of the State of 22 Alaska, or any applicable law of the United States or of the state. 23 (b) When the language of AS 12.37.010 - 12.37.130 is the same or similar to 24 the language of 18 U.S.C. 2510 - 2521, the courts of this state in construing 25 AS 12.37.010 - 12.37.130 shall follow the construction given to those federal statutes 26 by the federal courts. 27 Sec. 12.37.070. RECORDS AND RECORDINGS AND CUSTODY OF 28 THEM. (a) A communication intercepted under AS 12.37.010 - 12.37.130 shall, if 29 practicable, be recorded by tape or wire or other comparable method. The recording 30 shall, if practicable, be done in a way that will protect it from editing or other 31 alteration. During an interception, the peace officer authorized to act under the court's
01 order shall, if practicable, keep a signed, written record of the interception, that shall 02 include the following information: 03 (1) the date and hours during which the interception equipment or site 04 was monitored; 05 (2) the time and duration of each intercepted communication; 06 (3) the parties to each intercepted communication, if known; and 07 (4) a summary of the contents of each intercepted communication. 08 (b) Immediately upon expiration of the authorized interception period specified 09 in an order entered under AS 12.37.030 or, if an extension order has been entered, 10 upon expiration of the authorized interception period specified in that order, any tapes 11 or other recordings, and any records made during the interception, and all orders 12 authorizing the interception, shall be transferred to the court that entered the order and 13 shall be sealed under its direction. Custody of the tapes, other recordings, and records 14 of the interception shall be maintained as the court directs. The tapes, recordings, and 15 records of the interception may not be destroyed except upon order of the court, and 16 in any event shall be kept for a minimum period of 10 years. Duplicate recordings 17 and records of the interception may be made for disclosure or use under 18 AS 12.37.090(d) and 12.37.110. The presence of the seal required by this subsection, 19 or a satisfactory explanation for its absence, is a prerequisite for the use or disclosure 20 of the contents of any communication intercepted under AS 12.37.010 - 12.37.130. 21 Sec. 12.37.080. CUSTODY OF APPLICATIONS AND ORDERS; PENALTY 22 FOR DISCLOSURE. (a) Except for a copy that may be retained for use by the 23 applicant, all applications made and orders entered under AS 12.37.010 - 12.37.130 for 24 the interception of private communications shall be sealed by the court and maintained 25 as the court directs. The applications and orders may not be destroyed except upon 26 order of the court and in any event shall be kept for a minimum period of 10 years. 27 (b) In addition to any other remedies or penalties provided by law, the 28 disclosure of applications and orders in violation of AS 12.37.010 - 12.37.130 is 29 punishable under AS 09.50.020 as contempt of court. 30 Sec. 12.37.090. NOTICE OF INTERCEPTION AND DISCLOSURE. (a) 31 Within a reasonable period of time, but no later than 90 days following the expiration
01 of the authorized interception period specified in an order entered under AS 12.37.030 02 or, if an extension order has been entered, upon expiration of the authorized 03 interception period specified in that order, the court entering the order shall cause a 04 notice of interception to be served on 05 (1) a person who is named in the order; or 06 (2) a party to the intercepted communications if the court determines 07 in its discretion that the party should be informed in the interest of justice. 08 (b) The notice of interception must include a statement of 09 (1) the fact of the entry of the order under AS 12.37.030; 10 (2) the date of the entry of the order; 11 (3) the period of time for which the interception was authorized; and 12 (4) whether and how many private communications were intercepted. 13 (c) On an ex parte showing of good cause, the court may postpone service of 14 the notice of interception. 15 (d) Upon the filing of a motion, the court may make available for inspection 16 to a person or the person's attorney, as the court determines to be in the interest of 17 justice, those portions of an intercepted communication, an application for an order, 18 and an order that the court considers appropriate. 19 Sec. 12.37.100. APPROVAL FOR UNANTICIPATED INTERCEPTION. If, 20 while intercepting a private communication under the provisions of AS 12.37.010 - 21 12.37.130, a peace officer intercepts a communication that relates to a felony offense 22 other than one specified in the order of authorization, the attorney general, or a person 23 designated in writing or by law to act for the attorney general, may file a motion for 24 an order approving that interception so that the communication, or evidence derived 25 from it, may be used during testimony in an official proceeding. A court may enter 26 an order approving the interception if it finds that the person who intercepted the 27 communication was otherwise acting under the provisions of AS 12.37.010 - 28 12.37.130. 29 Sec. 12.37.110. USE OF INTERCEPTED COMMUNICATION. An 30 intercepted private communication, and evidence derived from it, may not be received 31 in evidence or otherwise disclosed in an official proceeding unless each party to the
01 communication who is a party in the official proceeding was furnished, at least 10 02 days before the proceeding, with a copy of the court order authorizing the interception 03 and of the application for authorization under which the order was issued. The 10-day 04 period may be waived by the presiding official if the presiding official finds that it was 05 not practicable to furnish the person with the information 10 days before the 06 proceeding and also finds that the person will not be prejudiced by the delay in 07 receiving the information. 08 Sec. 12.37.120. SUPPRESSION OF UNLAWFUL INTERCEPTIONS. (a) A 09 motion to suppress the contents of an intercepted private communication, or evidence 10 derived from it, may be filed in a proceeding on the ground that the 11 (1) interception was unlawful; 12 (2) order of authorization under which the communication was 13 intercepted is insufficient on its face; or 14 (3) interception was not made in substantial compliance with the order 15 of authorization. 16 (b) Upon the filing of a motion to suppress under this section, the court may 17 make available to the moving party or that party's attorney, for inspection, the portion 18 or portions of the intercepted communication, applications, and orders that the court 19 determines to be in the interest of justice. 20 (c) Suppression is the only judicial sanction available for a nonconstitutional 21 violation of AS 12.37.010 - 12.37.130 involving an intercepted private communication. 22 Sec. 12.37.130. REQUIRED REPORTS. (a) Within 30 days after the 23 expiration of the authorized interception period specified in an order entered under 24 AS 12.37.030 or, if an extension order has been entered, upon expiration of the 25 authorized interception period specified in that order, the court entering the order shall 26 report to the Administrative Office of the United States Courts the following 27 information: 28 (1) the fact that an order or extension order was applied for; 29 (2) the kind of order or extension order applied for; 30 (3) whether the order or extension order was granted as applied for or 31 was granted as modified;
01 (4) the period of time for which the interception is authorized by the 02 order and the number of, and duration of the authorized interception period specified 03 in, any extension orders regarding that order; 04 (5) the offense specified in the order, extension order, or application; 05 (6) the name and title of the applicant; and 06 (7) the nature of the facilities from which or the place where the 07 communication was to be intercepted. 08 (b) In January of each year, the attorney general or the attorney general's 09 designee shall report to the Administrative Office of the United States Courts the 10 following information with respect to orders and extension orders obtained in the 11 preceding calendar year: 12 (1) the information required by (a) of this section with respect to each 13 application for an order or extension order made; 14 (2) a general description of the interceptions made under the order or 15 extension, including the approximate 16 (A) nature and frequency of incriminating communications 17 intercepted; 18 (B) nature and frequency of other communications intercepted; 19 (C) number of persons whose communications were intercepted; 20 and 21 (D) nature, amount, and cost of the manpower and other 22 resources used in the interceptions; 23 (3) the number of arrests resulting from interceptions made under the 24 order or extension order, and the offenses for which arrests were made; 25 (4) the number of trials resulting from the interceptions; 26 (5) the number of motions to suppress made with respect to the 27 interceptions, the number of such motions granted, and the number of such motions 28 denied; and 29 (6) the number of convictions resulting from interceptions and the 30 offenses for which the convictions were obtained, and a general assessment of the 31 importance of the interceptions.
01 (c) In addition to the report required by (b) of this section, the attorney general 02 or the attorney general's designee shall prepare and make available to the public 03 annual reports on the operation of AS 12.37.010 - 12.37.130. The reports shall contain 04 the following information: 05 (1) the number of applications made under AS 12.37.010 - 12.37.130; 06 (2) the number of orders entered by the court; 07 (3) the effective period of time for which each interception was 08 authorized; 09 (4) the number of, and duration of the authorized interception period 10 specified in, any extension orders; 11 (5) the offenses in connection with which the communications were 12 sought; 13 (6) the names and titles of the applicants; 14 (7) the number of indictments or other charges resulting from each 15 application; 16 (8) the offenses that each indictment or other charge relates to; and 17 (9) the disposition of each indictment or other charge. 18 ARTICLE 2. PEN REGISTERS AND TRAP DEVICES. 19 Sec. 12.37.200. AUTHORIZATION TO USE PEN REGISTERS AND TRAP 20 DEVICES. Upon application by a peace officer made in conformity with any 21 provision of federal law authorizing such an application, a court may issue an order 22 authorizing or concerning the use of a pen register or a trap device as permitted under 23 federal law. 24 ARTICLE 3. COMMUNICATIONS IN ELECTRONIC STORAGE. 25 Sec. 12.37.300. AUTHORIZATION FOR ACCESS TO AND USE OF 26 COMMUNICATIONS IN ELECTRONIC STORAGE. Upon application by a peace 27 officer made in conformity with any provision of federal law authorizing such an 28 application, a court may issue an order authorizing or concerning access to and 29 disclosure or use of communications in electronic storage as permitted under federal 30 law. 31 ARTICLE 4. GENERAL PROVISIONS.
01 Sec. 12.37.900. DEFINITIONS. In this chapter, 02 (1) "communications common carrier" has the meaning given in 03 AS 42.20.390; 04 (2) "contents" has the meaning given in AS 42.20.390; 05 (3) "court" means superior court, except that in AS 12.37.200 it means 06 either superior or district court; 07 (4) "electronic communication" has the meaning given in AS 42.20.390; 08 (5) "electronic communication service" has the meaning given in 09 AS 42.20.390; 10 (6) "electronic storage" means any temporary, intermediate storage of 11 a wire or electronic communication incidental to the electronic transmission of the 12 communication, and any storage of the communication by an electronic communication 13 service for purposes of backup protection of the communication; 14 (7) "in-progress trace" means to determine the origin of a wire 15 communication to a telephone or telegraph instrument, equipment, or facility during 16 the course of the communication; 17 (8) "intercept" has the meaning given in 42.20.390; 18 (9) "peace officer" has the meaning given in AS 11.81.900(b); 19 (10) "pen register" means a device or apparatus that is connected to a 20 telephone or telegraph instrument, equipment, or facility to determine the destination 21 of a wire communication to a telephone or telegraph instrument, equipment, or facility, 22 but that does not intercept the contents of the communication; "pen register" does not 23 include a device used by a provider or customer of a wire or electronic communication 24 service for billing, or for recording as an incident to billing, for communications 25 services provided by the provider, nor a device used by a provider or customer of a 26 wire communication service for cost accounting or other like purposes in the ordinary 27 course of its business; 28 (11) "official proceeding" means a judicial, legislative, or administrative 29 proceeding or any other proceeding before a government agency or official authorized 30 to hear evidence under oath, other than a grand jury; 31 (12) "oral communication" has the meaning given in AS 42.20.390;
01 (13) "private communication" has the meaning given in AS 42.20.390; 02 (14) "trap device" means a device or apparatus that is connected to a 03 telephone or telegraph instrument, equipment, or facility to determine the origin of a 04 wire communication to the telephone or telegraph instrument, equipment, or facility, 05 but that does not intercept the contents of the communication; 06 (15) "wire communication" has the meaning given in AS 42.20.390. 07 * Sec. 2. AS 42.20.300(a) is amended to read: 08 (a) Except for a party to a private conversation, a [A] person who receives 09 or assists in receiving, or who transmits or assists in transmitting a private 10 communication [BY WIRE OR RADIO] may not divulge or publish the existence, 11 contents, substance, purport, effect, or meaning of the communication, except through 12 authorized channels of transmission or reception [TO] 13 (1) to the addressee or the agent or attorney of the addressee; 14 (2) to a person employed or authorized to forward a communication to 15 its destination; 16 (3) to proper accounting or distributing officers of the various 17 communicating centers over which the communication may be passed; 18 (4) to the master of a ship under whom the person is serving; 19 (5) to another on demand of lawful authority; or 20 (6) in response to a subpoena issued or order entered by a court of 21 competent jurisdiction. 22 * Sec. 3. AS 42.20.300(b) is amended to read: 23 (b) Except as provided in AS 12.37, a [A] person not authorized by a party 24 to the communication may not intentionally intercept a private communication or 25 divulge or publish the existence, contents, substance, purport, effect, or meaning of the 26 intercepted communication to any person. 27 * Sec. 4. AS 42.20.320 is amended to read: 28 Sec. 42.20.320. EXEMPTIONS. The following activities are exempt from the 29 provisions of AS 42.20.300 and 42.20.310: 30 (1) listening to a radio or wireless communications of any sort where 31 the same are publicly made;
01 (2) hearing conversation when heard by employees of a common carrier 02 by wire incidental to the normal course of their employment in the operation, 03 maintenance or repair of the equipment of the common carrier by wire; provided the 04 information obtained is not used or divulged in any manner by the hearer; 05 (3) a broadcast by radio or other means whether it is a live broadcast 06 or recorded for the purpose of later broadcasts of any function where the public is in 07 attendance and the conversations that are overheard are incidental to the main purpose 08 for which the broadcast is then being made; 09 (4) recording or listening with the aid of any device to an emergency 10 communication made in the normal course of operations by a federal, state or local law 11 enforcement agency or institutions dealing in emergency services, including but not 12 limited to hospitals, clinics, ambulance services, fire fighting agencies, a public utility 13 emergency repair facility, civilian defense establishment or military installations; 14 (5) inadvertent interception of telephone conversations over party lines; 15 (6) a peace officer, or a person acting at the direction or request 16 of a peace officer, engaging in conduct authorized by or under AS 12.37. 17 * Sec. 5. AS 42.20.320 is amended by adding a new subsection to read: 18 (b) Notwithstanding any other provision of law, a person who inadvertently 19 intercepts a private communication that appears to pertain to the commission of a 20 crime may report the information to a law enforcement agency. 21 * Sec. 6. AS 42.20 is amended by adding a new section to read: 22 Sec. 42.20.325. DUTY TO REPORT. A person who is an employee of a 23 communications common carrier or of an electronic communication service or of a 24 private investigation agency, and has knowledge of the probable occurrence of conduct 25 that violates a provision of AS 42.20.300 or 42.20.310 shall report the conduct, in 26 writing, to the commissioner of public safety within 30 days after learning of the 27 conduct. 28 * Sec. 7. AS 42.20.330 is amended to read: 29 Sec. 42.20.330. PENALTY. A person who violates any of the provisions of 30 AS 42.20.300 and 42.20.310 is guilty of a class A misdemeanor [AND UPON 31 CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN $1,000, OR
01 BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH]. 02 * Sec. 8. AS 42.20 is amended by adding a new section to read: 03 Sec. 42.20.390. DEFINITIONS. In AS 42.20.300 - 42.20.390, 04 (1) "communications common carrier" means a business or person 05 engaged as a common carrier for hire in the transmission of communications by wire, 06 cable, satellite, electromagnetic waves, or radio, not including radio broadcasting; 07 (2) "contents" includes information obtained from a private 08 communication concerning the existence, substance, purport, or meaning of the 09 communication, or the identity of a party of the communication; 10 (3) "eavesdropping device" means a device or apparatus, including an 11 induction coil, that can be used to intercept an oral, wire, or electronic communication, 12 other than 13 (A) a hearing aid or similar device used for the restoration of 14 subnormal hearing to not better than normal; or 15 (B) a telephone or telegraph instrument, equipment, or facility, 16 or any component of such an instrument, equipment, or facility 17 (i) being used by a provider of wire or electronic 18 communication service in the ordinary course of its business; or 19 (ii) furnished to a subscriber or user by a provider of 20 wire or electronic communication service in the ordinary course of its 21 business and being used by the subscriber or user in the ordinary course 22 of its business; 23 (4) "electronic communication" means any transfer of signs, signals, 24 writing, images, sounds, data, or intelligence of any nature transmitted in whole or in 25 part by a wire, radio, electromagnetic, photoelectronic or photo-optical system, 26 including a cellular or cordless telephone communication, but does not include 27 (A) wire or oral communications; 28 (B) communications made through a tone-only paging device; 29 (C) communications made through a tracking device consisting 30 of an electronic or mechanical device that permits the tracking of the 31 movement of a person or object; or
01 (D) communications that are disseminated by the sender with 02 the intent or expectation, or through a method of transmission that is so 03 configured, that the communication is readily accessible to the general public; 04 (5) "electronic communication service" means a service that provides 05 to users of the service the ability to send or receive wire or electronic communications; 06 (6) "employee" includes a person who is an officer, agent, or employee 07 of, or a person under contract with, a business or a government entity; 08 (7) "intercept" means the aural or other acquisition of the contents of 09 an oral, wire, or electronic communication through the use of any electronic, 10 mechanical, or other device, including the acquisition of the contents by simultaneous 11 transmission or by recording; 12 (8) "oral communication" means human speech used to communicate 13 information from one party to another; 14 (9) "private communication" means an oral, wire, or electronic 15 communication uttered or transmitted by a person who has a reasonable expectation 16 that the communication is not subject to interception; 17 (10) "wire communication" means human speech used to communicate 18 information from one party to another in whole or in part through the use of facilities 19 for the transmission of communications by wire, cable, or other similar connection 20 between the point of origin and the point of reception furnished or operated by a 21 telephone, telegraph, or radio company for hire as a communications common carrier, 22 but does not include the radio portion of a cordless telephone communication that is 23 transmitted between the cordless telephone handset and the base unit. 24 * Sec. 9. This Act takes effect July 1, 1993.