13-3001

13-3001. Definitions

In this chapter, unless the context otherwise requires:

1. "Aural transfer" means a communication containing the human voice at any point
between and including the point of origin and the point of reception.

2. "Child monitoring device" means a device that is capable of transmitting an
audio or audiovisual signal and that is installed or used in a residence for child
supervision or safety monitoring by any parent, guardian or other responsible person in
the person's own residence.

3. "Communication service provider" means any person who is engaged in providing a
service that allows its users to send or receive oral, wire or electronic communications
or computer services.

4. "Electronic communication" means any transfer of signs, signals, writing,
images, sounds, data or intelligence of any nature that is transmitted in whole or in
part by a wire, radio, electromagnetic, photoelectronic or photooptical system but that
does not include any of the following:

(a) Any wire or oral communication.

(b) Any communication made through a tone-only paging device.

5. "Electronic communication system" means any communication or computer facilities
or related electronic equipment for the transmission, processing or electronic storage of
electronic communications.

6. "Electronic storage" means either of the following:

(a) Any temporary, intermediate storage of a wire or electronic communication
incidental to the electronic transmission.

(b) Any storage of the communication by an electronic communication service
provider for purposes of backup protection of the communication.

7. "Intercept" means the aural or other acquisition of the contents of any wire,
electronic or oral communication through the use of any electronic, mechanical or other
device.

8. "Oral communication" means a spoken communication that is uttered by a person
who exhibits an expectation that the communication is not subject to interception under
circumstances justifying the expectation but does not include any electronic
communication.

9. "Pen register" means a device or process that records or decodes electronic or
other impulses that identify the numbers dialed or otherwise transmitted on the telephone
line or communication facility to which the device is attached or the dialing, routing,
addressing or signaling information that is transmitted by an instrument or facility from
which a wire or electronic communication is transmitted but does not include the contents
of any communication, except when used in connection with a court order issued pursuant
to section 13-3010 or 13-3012. A pen register does not include a publicly available
device or process that is otherwise not unlawful.

10. "Person" means any individual, enterprise, public or private corporation,
unincorporated association, partnership, firm, society, governmental authority or entity,
including the subscriber to the communication service involved, and any law enforcement
officer.

11. "Readily accessible to the general public" means a radio communication that is
not:

(a) Scrambled or encrypted.

(b) Transmitted using modulation techniques with essential parameters that have
been withheld from the public to preserve the privacy of the communication.

(d) Transmitted over a communication system provided by a common carrier, unless
the communication is a tone-only paging system communication.

(e) Transmitted on frequencies allocated under part 25, subpart D, E or F or part
74 or part 94 of the rules of the federal communications commission. If a communication
transmitted on a frequency allocated under part 74 is not exclusively allocated to
broadcast auxiliary services, the communication is a two-way voice communication system
by radio.

12. "Remote computing service" means providing to the public any computer storage or
processing services by means of an electronic communication system.

13. "Trap and trace device" means a device or process that captures the incoming
electronic or other impulses that identify the originating number of an instrument or
device from which a wire or electronic communication was transmitted or the dialing,
routing, addressing and signaling information that is reasonably likely to identify the
source of a wire or electronic communication but does not include the content of any
communication, except when used in connection with a court order issued pursuant to
section 13-3010 or 13-3012. A trap and trace device does not include a publicly available
device or process that is otherwise not unlawful.

14. "Wire communication" means any aural transfer that is made in whole or in part
through the use of facilities for the transmission of communications by the aid of any
wire, cable or other like connection between the point of origin and the point of
reception, including the use of a connection in a switching station, and that is
furnished or operated by any person who is engaged in providing or operating the
facilities for the transmission of communications.