SB 138: "An Act authorizing the interception of private communications related to the commission of certain criminal offenses; making related amendments to 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."
00SENATE BILL NO. 138 01 "An Act authorizing the interception of private communications related to the 02 commission of certain criminal offenses; making related amendments to statutes 03 relating to eavesdropping and wiretapping; relating to the penalty for violation 04 of statutes relating to eavesdropping and unauthorized interception, publication, or 05 use of private communications; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12 is amended by adding a new chapter to read: 08 CHAPTER 37. AUTHORIZED COMMUNICATIONS INTERCEPTIONS. 09 ARTICLE 1. INTERCEPTION OF PRIVATE COMMUNICATIONS. 10 Sec. 12.37.010. AUTHORIZATION TO INTERCEPT COMMUNICATIONS. 11 The attorney general or a person designated in writing or by law to act for the attorney 12 general, may authorize, in writing, an ex parte application to a court of competent 13 jurisdiction for an order authorizing the interception of a private communication if the 14 interception may provide evidence of, or may assist in the apprehension of persons
01 who have committed, are committing, or are planning to commit, the following 02 offenses: 03 (1) murder in the first or second degree under AS 11.41.100 - 04 11.41.110; 05 (2) kidnapping under AS 11.41.300; or 06 (3) a class A or unclassified felony drug offense under AS 11.71. 07 Sec. 12.37.020. APPLICATION FOR ORDER AUTHORIZING A 08 COMMUNICATION INTERCEPTION. (a) Each application for an order authorizing 09 the interception of a private communication shall be made in writing upon oath or 10 affirmation and shall state 11 (1) the authority of the applicant to make the application; 12 (2) the identity of the peace officer for whom the authority to intercept 13 the communication is sought; 14 (3) the facts relied upon by the applicant for the order, including 15 (A) if known, the identity of the particular person committing 16 the offense and whose communication is to be intercepted; 17 (B) the details as to the particular offense that has been, is 18 being, or is about to be committed; 19 (C) the specific type of communication to be intercepted; 20 (D) a showing that there is probable cause to believe that the 21 communication will be communicated on the specific communication facility 22 involved or at the specific place where the oral communication is to be 23 intercepted; 24 (E) a showing that there is probable cause to believe that the 25 facility from which, or the place where, the communication is to be intercepted, 26 is, has been, or is about to be used in connection with the commission of the 27 offense, or is leased to, listed in the name of, or commonly used by, the person 28 whose communication is to be intercepted; 29 (F) the character and location of the specific communication 30 facility involved or the specific place where the oral communication is to be 31 intercepted;
01 (G) the objective of the investigation; 02 (H) a statement of the period of time for which the interception 03 is required to be maintained, and, if the objective of the investigation is such 04 that the authorization for interception should not automatically terminate when 05 the described type of communication has been first obtained, a specific 06 statement of facts establishing probable cause to believe that additional 07 communications of the same type will continue to occur; 08 (I) a specific statement of facts showing that other normal 09 investigative procedures with respect to the offense have been tried and have 10 failed, or reasonably appear to be unlikely to succeed if tried, or are too 11 dangerous to employ; 12 (4) the facts known to the applicant concerning all previous applications 13 made to a court for the issuance of an order authorizing the interception of a private 14 communication involving any of the same facilities or places specified in the current 15 application or involving the same person whose communication is to be intercepted, 16 and the action taken by the court on each application; 17 (5) if the application is for an extension of a previously issued order, 18 a statement of facts showing the results obtained thus far from the interception, or a 19 reasonable explanation for the failure to obtain results; 20 (6) a proposed order authorizing the communication interception; and 21 (7) any additional facts in support of the application considered 22 appropriate by the applicant or by the court. 23 (b) If an applicant for an order authorizing a communications interception is 24 relying upon uncorroborated evidence provided by a confidential informant, the court 25 may hold an in camera hearing at which it may inquire as to the identity of the 26 informant or as to any other relevant information concerning the basis upon which the 27 applicant is applying for the order. 28 Sec. 12.37.030. REQUIREMENTS FOR AN ORDER AUTHORIZING A 29 COMMUNICATIONS INTERCEPTION. Upon consideration of an application, the 30 court may enter an ex parte order authorizing the interception of a private 31 communication if the court determines, on the basis of the application, that
01 (1) there is probable cause to believe that the person whose 02 communication is to be intercepted is committing, has committed, or is planning to 03 commit an offense listed in AS 12.37.010; 04 (2) there is probable cause to believe that a communication concerning 05 the offense may be obtained through the interception; 06 (3) there is probable cause to believe that the facility from which, or 07 the place where, the communication is to be intercepted, is, has been, or is about to 08 be used in connection with the commission of the offense, or is leased to, listed in the 09 name of, or commonly used by, the person whose communication is to be intercepted; 10 (4) normal investigative procedures with respect to the offense have 11 been tried and have failed or reasonably appear to be either unlikely to succeed if tried 12 or too dangerous to employ; and 13 (5) if the application, other than an application for an extension, is for 14 an order to intercept a communication of a person, or involving a communications 15 facility, that was the subject of a previous application, the current application is based 16 upon new evidence or information different from and in addition to the evidence or 17 information offered to support the previous application. 18 Sec. 12.37.040. CONTENTS OF ORDER AUTHORIZING A 19 COMMUNICATIONS INTERCEPTION; LIMITATIONS ON DISCLOSURE. (a) 20 Each order entered under AS 12.37.030 shall state 21 (1) that the court is authorized to enter the order; 22 (2) if known, the identity of, or a particular description of, the person 23 whose communications are to be intercepted; 24 (3) the character and location of the particular communication facility 25 or the particular place of the communication as to which authority to intercept is 26 granted; 27 (4) a specific description of the type of communication to be 28 intercepted and a statement of the particular offense to which it relates; 29 (5) the identity of the peace officer or officers to whom the authority 30 to intercept a communication is given and the identity of the person who authorized 31 the application; and
01 (6) the period of time during which the interception is authorized, 02 including a statement as to whether or not the interception automatically terminates 03 when the described communication has been first obtained, and a statement that the 04 interception shall begin and terminate as soon as practicable and be conducted in such 05 a manner as to minimize the interception of communications not otherwise subject to 06 interception. 07 (b) An order entered under AS 12.37.030 may not authorize the interception 08 of private communications for a period of time exceeding 30 days or that period 09 necessary to achieve the objective of the authorization, whichever is shorter. The 10 authorized interception period begins on the day on which the peace officer first begins 11 to conduct an interception under the order or 10 days after the order is entered, 12 whichever is earlier. Extensions of 30 days or less may be granted if application for 13 each extension order is made in accordance with AS 12.37.020 and the necessary 14 findings are made by the court in accordance with AS 12.37.030. 15 (c) The court may require an applicant to file periodic reports with the court, 16 showing what progress is being made toward achieving the authorized objective of the 17 communication interception and what need exists for continued interception. The 18 intervals at which the reports are to be filed shall be determined by the court. 19 (d) An order entered under AS 12.37.030 may, upon request of the applicant, 20 direct that a communications common carrier, provider of wire or electronic 21 communication services, landlord, owner, building operator, custodian, or other person 22 furnish the applicant, without delay, all information, facilities, and technical assistance 23 necessary to accomplish the interception unobtrusively. The obligations of a 24 communications common carrier under an order may include the obligation to conduct 25 an in-progress trace during an interception. A communications common carrier, 26 provider of wire or electronic communication services, landlord, owner, building 27 operator, custodian, or other person who furnishes facilities or technical assistance 28 under this subsection shall be compensated by the applicant at prevailing rates. 29 (e) A communications common carrier, provider of wire or electronic 30 communication services, landlord, owner, building operator, custodian, or other person 31 who, under this section, has been shown a copy of an order authorizing the
01 interception of a private communication may not disclose the existence of the order 02 or of the device used to accomplish the interception unless 03 (1) the person is required to do so by legal process; and 04 (2) the person gives prior notification to the attorney general or the 05 attorney general's designee who authorized the application for the order. 06 (f) An order entered under AS 12.37.030 may, upon the request of the 07 applicant, authorize the applicant to enter a designated place or facility as often as 08 necessary to install, maintain, or remove an intercepting device. The applicant shall 09 notify the court of each such entry before its occurrence, if practicable. If prior notice 10 is not practicable, the applicant shall notify the court within 72 hours after the entry. 11 Sec. 12.37.050. PRIVILEGED COMMUNICATIONS. No otherwise 12 privileged communication intercepted in accordance with, or in violation of, the 13 provisions of AS 12.37.010 - 12.37.130 loses its privileged character by reason of the 14 interception. 15 Sec. 12.37.060. COLLATERAL AUTHORITY OF COURT; 16 INTERPRETATION OF ACT. (a) Notwithstanding any other provision of 17 AS 12.37.010 - 12.37.130, a court to which an application is made for an order 18 authorizing the interception of a private communication may take the evidence, make 19 the findings, or issue the other orders necessary to conform the proceedings or the 20 entry of an order to the United States Constitution, the Constitution of the State of 21 Alaska, or any applicable law of the United States or the State of Alaska. 22 (b) When the language of AS 12.37.010 - 12.37.130 is the same or similar to 23 the language of 18 U.S.C. 2510 - 2521, the courts of this state in construing 24 AS 12.37.010 - 12.37.130 shall follow the construction given to those federal statutes 25 by the federal courts. 26 Sec. 12.37.070. RECORDS AND RECORDINGS AND CUSTODY OF 27 THEM. (a) A communication intercepted in accordance with AS 12.37.010 - 28 12.37.130 shall, if practicable, be recorded by tape or wire or other comparable 29 method. The recording shall, if practicable, be done in a way that will protect it from 30 editing or other alteration. During an interception, the peace officer authorized to act 31 under the court's order shall, if practicable, keep a signed, written record of the
01 interception, which shall include the following information: 02 (1) the date and hours during which the interception equipment or site 03 was monitored; 04 (2) the time and duration of each intercepted communication; 05 (3) the parties to each intercepted communication, if known; and 06 (4) a summary of the contents of each intercepted communication. 07 (b) Immediately upon expiration of the authorized interception period specified 08 in an order entered under AS 12.37.030 or, if an extension order has been entered, 09 upon expiration of the authorized interception period specified in that order, any tapes 10 or other recordings, and any records made during the interception, and all orders 11 authorizing the interception, shall be transferred to the court that entered the order and 12 shall be sealed under its direction. Custody of the tapes, other recordings, and records 13 of the interception shall be maintained as the court directs. The tapes, recordings, and 14 records of the interception may not be destroyed except upon order of the court, and 15 in any event shall be kept for a minimum period of 10 years. Duplicate recordings 16 and records of the interception may be made for disclosure or use under 17 AS 12.37.090(d) and 12.37.110. The presence of the seal required by this subsection, 18 or a satisfactory explanation for its absence, is a prerequisite for the use or disclosure 19 of the contents of any communication intercepted under AS 12.37.010 - 12.37.130. 20 Sec. 12.37.080. CUSTODY OF APPLICATIONS AND ORDERS; PENALTY 21 FOR DISCLOSURE. (a) Except for a copy that may be retained for use by the 22 applicant, all applications made and orders entered under AS 12.37.010 - 12.37.130 for 23 the interception of private communications shall be sealed by the court and maintained 24 as the court directs. The applications and orders may not be destroyed except upon 25 order of the court and in any event shall be kept for a minimum period of 10 years. 26 (b) In addition to any other remedies or penalties provided by law, the 27 disclosure of applications and orders in violation of AS 12.37.010 - 12.37.130 is 28 punishable under AS 09.50.020 as contempt of court. 29 Sec. 12.37.090. NOTICE OF INTERCEPTION AND DISCLOSURE. (a) 30 Within a reasonable period of time, but no later than 90 days following the expiration 31 of the authorized interception period specified in an order entered under AS 12.37.030
01 or, if an extension order has been entered, upon expiration of the authorized 02 interception period specified in that order, the court entering the order shall cause a 03 notice of interception to be served on 04 (1) a person who is named in the order; or 05 (2) a party to the intercepted communications if the court determines 06 in its discretion that the party should be informed in the interest of justice. 07 (b) The notice of interception shall include a statement of 08 (1) the fact of the entry of the order under AS 12.37.030; 09 (2) the date of the entry of the order; 10 (3) the period of time for which the interception was authorized; and 11 (4) whether and how many private communications were intercepted. 12 (c) On an ex parte showing of good cause, the court may postpone service of 13 the notice of interception. 14 (d) Upon the filing of a motion, the court may make available for inspection 15 to a person or the person's attorney, as the court determines to be in the interest of 16 justice, those portions of an intercepted communication, an application for an order, 17 and an order that the court considers appropriate. 18 Sec. 12.37.100. APPROVAL FOR UNANTICIPATED INTERCEPTION. If, 19 while intercepting a private communication in accordance with the provisions of 20 AS 12.37.010 - 12.37.130, a peace officer intercepts a communication that relates to 21 an offense other than one specified in the order of authorization, the attorney general, 22 or a person designated in writing or by law to act for the attorney general, may file a 23 motion for an order approving that interception so that the communication, or evidence 24 derived from it, may be used during testimony in an official proceeding. A court may 25 enter an order approving the interception if it finds that the person who intercepted the 26 communication was otherwise acting in accordance with the provisions of 27 AS 12.37.010 - 12.37.130. 28 Sec. 12.37.110. USE OF INTERCEPTED COMMUNICATION. An 29 intercepted private communication, and evidence derived from it, may not be received 30 in evidence or otherwise disclosed in an official proceeding unless each party to the 31 communication who is a party in the official proceeding was furnished, at least 10
01 days before the proceeding, with a copy of the court order authorizing the interception 02 and of the application for authorization under which the order was issued. The 10-day 03 period may be waived by the presiding official if the presiding official finds that it was 04 not practicable to furnish the person with the information 10 days before the 05 proceeding and also finds that the person will not be prejudiced by the delay in 06 receiving the information. 07 Sec. 12.37.120. SUPPRESSION OF UNLAWFUL INTERCEPTIONS. (a) A 08 motion to suppress the contents of an intercepted private communication, or evidence 09 derived from it, may be filed in a proceeding on the ground that 10 (1) the interception was unlawful; 11 (2) the order of authorization under which the communication was 12 intercepted is insufficient on its face; or 13 (3) the interception was not made in substantial compliance with the 14 order of authorization. 15 (b) Upon the filing of a motion to suppress under this section, the court may 16 make available to the moving party or that party's attorney, for inspection, the portion 17 or portions of the intercepted communication, applications, and orders that the court 18 determines to be in the interest of justice. 19 (c) Suppression is the only judicial sanction available for a nonconstitutional 20 violation of AS 12.37.010 - 12.37.130 involving an intercepted private communication. 21 Sec. 12.37.130. REQUIRED REPORTS. (a) Within 30 days after the 22 expiration of the authorized interception period specified in an order entered under 23 AS 12.37.030 or, if an extension order has been entered, upon expiration of the 24 authorized interception period specified in that order, the court entering the order shall 25 report to the Administrative Office of the United States Courts the following 26 information: 27 (1) the fact that an order or extension order was applied for; 28 (2) the kind of order or extension order applied for; 29 (3) whether the order or extension order was granted as applied for, 30 was granted as modified; 31 (4) the period of time for which the interception is authorized by the
01 order and the number of, and duration of the authorized interception period specified 02 in, any extension orders regarding that order; 03 (5) the offense specified in the order, extension order, or application; 04 (6) the name and title of the applicant; and 05 (7) the nature of the facilities from which or the place where the 06 communication was to be intercepted. 07 (b) In January of each year, the attorney general or the attorney general's 08 designee shall report to the Administrative Office of the United States Courts the 09 following information with respect to orders and extension orders obtained in the 10 preceding calendar year: 11 (1) the information required by (a) of this section with respect to each 12 application for an order or extension order made; 13 (2) a general description of the interceptions made under the order or 14 extension, including 15 (A) the approximate nature and frequency of incriminating 16 communications intercepted; 17 (B) the approximate nature and frequency of other 18 communications intercepted; 19 (C) the approximate number of persons whose communications 20 were intercepted; and 21 (D) the approximate nature, amount, and cost of the manpower 22 and other 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 keep annual reports on the 03 operation of AS 12.37.010 - 12.37.130. The reports shall contain the following 04 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. For purposes of this chapter, 02 (1) "communications common carrier" has the same meaning as in 03 AS 42.20.390; 04 (2) "contents" has the same meaning as 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 same meaning as in 08 AS 42.20.390; 09 (5) "electronic communication service" has the same meaning as in 10 AS 42.20.390; 11 (6) "electronic storage" means any temporary, intermediate storage of 12 a wire or electronic communication incidental to the electronic transmission of the 13 communication, and any storage of the communication by an electronic communication 14 service for purposes of backup protection of the communication; 15 (7) "in-progress trace" means to determine the origin of a wire 16 communication to a telephone or telegraph instrument, equipment, or facility during 17 the course of the communication; 18 (8) "intercept" has the same meaning as in AS 42.20.390; 19 (9) "peace officer" has the same meaning as in AS 11.81.900(b); 20 (10) "pen register" means a device or apparatus that is connected to a 21 telephone or telegraph instrument, equipment, or facility to determine the destination 22 of a wire communication to a telephone or telegraph instrument, equipment, or facility, 23 but which does not intercept the contents of the communication; "pen register" does 24 not include a device used by a provider or customer of a wire or electronic 25 communication service for billing, or for recording as an incident to billing, for 26 communications services provided by the provider, nor a device used by a provider or 27 customer of a wire communication service for cost accounting or other like purposes 28 in the ordinary course of its business; 29 (11) "official proceeding" means a judicial, legislative, or administrative 30 proceeding or any other proceeding before a government agency or official authorized 31 to hear evidence under oath, other than a grand jury;
01 (12) "oral communication" has the same meaning as in AS 42.20.390; 02 (13) "private communication" has the same meaning as in 03 AS 42.20.390; 04 (14) "trap device" means a device or apparatus that is connected to a 05 telephone or telegraph instrument, equipment, or facility to determine the origin of a 06 wire communication to the telephone or telegraph instrument, equipment, or facility, 07 but that does not intercept the contents of the communication; 08 (15) "wire communication" has the same meaning as in AS 42.20.390. 09 * Sec. 2. AS 42.20.300(a) is amended to read: 10 (a) A person who receives or assists in receiving, or who transmits or assists 11 in transmitting a private communication [BY WIRE OR RADIO] may not divulge or 12 publish the existence, contents, substance, purport, effect, or meaning of the 13 communication, except through authorized channels of transmission or reception [TO] 14 (1) to the addressee or the agent or attorney of the addressee; 15 (2) to a person employed or authorized to forward a communication to 16 its destination; 17 (3) to proper accounting or distributing officers of the various 18 communicating centers over which the communication may be passed; 19 (4) to the master of a ship under whom the person is serving; 20 (5) to another on demand of lawful authority; or 21 (6) in response to a subpoena issued or order entered by a court of 22 competent jurisdiction. 23 * Sec. 3. AS 42.20.300(b) is amended to read: 24 (b) Except as provided in AS 12.37, a [A] person not authorized by a party 25 to the communication may not intentionally intercept a private communication or 26 divulge or publish the existence, contents, substance, purport, effect, or meaning of the 27 intercepted communication to any person. 28 * Sec. 4. AS 42.20.320 is amended to read: 29 Sec. 42.20.320. EXEMPTIONS. The following activities are exempt from the 30 provisions of AS 42.20.300 and 42.20.310: 31 (1) listening to a radio or wireless communications of any sort where
01 the same are publicly made; 02 (2) hearing conversation when heard by employees of a common carrier 03 by wire incidental to the normal course of their employment in the operation, 04 maintenance or repair of the equipment of the common carrier by wire; provided the 05 information obtained is not used or divulged in any manner by the hearer; 06 (3) a broadcast by radio or other means whether it is a live broadcast 07 or recorded for the purpose of later broadcasts of any function where the public is in 08 attendance and the conversations that are overheard are incidental to the main purpose 09 for which the broadcast is then being made; 10 (4) recording or listening with the aid of any device to an emergency 11 communication made in the normal course of operations by a federal, state or local law 12 enforcement agency or institutions dealing in emergency services, including but not 13 limited to hospitals, clinics, ambulance services, fire fighting agencies, a public utility 14 emergency repair facility, civilian defense establishment or military installations; 15 (5) inadvertent interception of telephone conversations over party lines; 16 (6) a peace officer, or a person acting at the direction or request 17 of a peace officer, engaging in conduct authorized by or under AS 12.37. 18 * Sec. 5. AS 42.20.320 is amended by adding a new subsection to read: 19 (b) Notwithstanding any other provision of law, a person who inadvertently 20 intercepts a private communication that appears to pertain to the commission of a 21 crime may report the information to a law enforcement agency. 22 * Sec. 6. AS 42.20 is amended by adding a new section to read: 23 Sec. 42.20.325. DUTY TO REPORT. A person who is an employee of a 24 communications common carrier or of an electronic communication service or of a 25 private investigation agency, and has knowledge of the probable occurrence of conduct 26 that violates a provision of AS 42.20.300 or 42.20.310 shall report the conduct, in 27 writing, to the commissioner of public safety within 30 days after learning of the 28 conduct. 29 * Sec. 7. AS 42.20.330 is amended to read: 30 Sec. 42.20.330. PENALTY. A person who violates any of the provisions of 31 AS 42.20.300 and 42.20.310 is guilty of a class A misdemeanor [AND UPON
01 CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN $1,000, OR 02 BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH]. 03 * Sec. 8. AS 42.20 is amended by adding a new section to read: 04 Sec. 42.20.390. DEFINITIONS. In AS 42.20.300 - 42.20.390, 05 (1) "communications common carrier" means a business or person 06 engaged as a common carrier for hire in the transmission of communications by wire, 07 cable, satellite, electromagnetic waves, or radio, not including radio broadcasting; 08 (2) "contents" includes information obtained from a private 09 communication concerning the existence, substance, purport, or meaning of the 10 communication, or the identity of a party of the communication; 11 (3) "eavesdropping device" means a device or apparatus, including an 12 induction coil, that can be used to intercept an oral, wire, or electronic communication, 13 other than 14 (A) a hearing aid or similar device used for the restoration of 15 subnormal hearing to not better than normal; or 16 (B) a telephone or telegraph instrument, equipment, or facility, 17 or any component of such an instrument, equipment, or facility 18 (i) being used by a provider of wire or electronic 19 communication service in the ordinary course of its business; or 20 (ii) furnished to a subscriber or user by a provider of 21 wire or electronic communication service in the ordinary course of its 22 business and being used by the subscriber or user in the ordinary course 23 of its business; 24 (4) "electronic communication" means any transfer of signs, signals, 25 writing, images, sounds, data, or intelligence of any nature transmitted in whole or in 26 part by a wire, radio, electromagnetic, photoelectronic or photooptical system, but does 27 not include 28 (A) the radio portion of a cordless telephone communication 29 that is transmitted between the cordless telephone handset and the base unit; 30 (B) any wire or oral communication; 31 (C) any communication made through a tone-only paging
01 device; 02 (D) any communications made through a tracking device 03 consisting of an electronic or mechanical device that permits the tracking of the 04 movement of a person or object; or 05 (E) any communication that is disseminated by the sender with 06 the intent or expectation, or through a method of transmission that is so 07 configured, that the communication is readily accessible to the general public; 08 (5) "electronic communication service" means a service that provides 09 to users of the service the ability to send or receive wire or electronic communications; 10 (6) "employee" includes a person who is an officer, agent, or employee 11 of, or a person under contract with, a business or a government entity; 12 (7) "intercept" means the aural or other acquisition of the contents of 13 an oral, wire, or electronic communication through the use of any electronic, 14 mechanical, or other device, including the acquisition of the contents by simultaneous 15 transmission or by recording; 16 (8) "oral communication" means human speech used to communicate 17 information from one party to another; 18 (9) "private communication" means an oral, wire, or electronic 19 communication uttered or transmitted by a person who has a reasonable expectation 20 that the communication is not subject to interception; 21 (10) "wire communication" means human speech used to communicate 22 information from one party to another in whole or in part through the use of facilities 23 for the transmission of communications by wire, cable, or other similar connection 24 between the point of origin and the point of reception furnished or operated by a 25 telephone, telegraph, or radio company for hire as a communications common carrier, 26 but does not include the radio portion of a cordless telephone communication that is 27 transmitted between the cordless telephone handset and the base unit. 28 * Sec. 9. This Act takes effect July 1, 1993.