13-3012

13-3012. Exemptions

The following are exempt from the provisions of this chapter:

1. The interception of wire, electronic or oral communications, the installation
and operation of a pen register or trap and trace device, the providing of information,
facilities or technical assistance to an investigative or law enforcement officer
pursuant to a subpoena or an ex parte order granted pursuant to sections 13-3010,
13-3015, 13-3016, 13-3017 and 13-3018 or an emergency interception made in good faith
pursuant to section 13-3015, including any of the foregoing acts by a communication
service provider or its officers, agents or employees.

2. The normal use of services, equipment and facilities that are provided by a
communication service provider pursuant to tariffs that are on file with the Arizona
corporation commission or the federal communications commission and the normal functions
of any operator of a switchboard.

3. Any officer, agent or employee of a communication service provider who performs
acts that are otherwise prohibited by this article in providing, constructing,
maintaining, repairing, operating or using the provider's services, equipment or
facilities, protecting the provider's service, equipment and facilities from illegal use
in violation of tariffs that are on file with the Arizona corporation commission or the
federal communications commission and protecting the provider from the commission of
fraud against it.

4. Providing requested information or any other response to a subpoena or other
order that is issued by a court of competent jurisdiction or on demand of any other
lawful authority.

5. The interception of wire or electronic communications or the use of a pen
register or trap and trace device by a communication service provider or by a person
providing technical assistance at the request of the communication service provider if
the interception or use either:

(a) Relates to the operation, maintenance and testing of that service, the
protection of the rights or property of the provider or the protection of users of that
service from fraudulent, abusive or unlawful use of that service.

(b) Records the fact that a wire or electronic communication was initiated or
completed in order to protect the provider, another provider furnishing service toward
the completion of the communication or a user of that service from fraudulent, unlawful
or abusive use of that service.

6. The interception of any radio communication that is transmitted:

(a) By any station for the use of the general public or if the transmission relates
to ships, aircraft, vehicles or persons in distress.

(b) By any government, law enforcement, civil defense, private land mobile or
public safety communication system, including police and fire systems, and that is
readily accessible to the general public.

(c) By any station that operates on an authorized frequency within the bands that
are allocated to the amateur, citizens band or general mobile radio services.

(d) By any marine or aeronautical communications system.

(e) Through a system using frequencies that are monitored by persons who are
engaged in the provision or the use of the system or by other persons who use the same
frequency if the communication is not scrambled or encrypted.

7. The interception of wire or electronic communication if the transmission is
causing harmful interference to any lawfully operating station or consumer electronic
equipment, to the extent necessary to identify the source of the interference.

8. The use of a pen register or trap and trace device by a communication service
provider for billing or recording as an incident to billing for communication services,
or for cost accounting or other like purposes in the ordinary course of business.

9. The interception of any wire, electronic or oral communication by any person, if
the interception is effected with the consent of a party to the communication or a person
who is present during the communication, or the installation of a pen register or trap
and trace device with the consent of a user or subscriber to the service.

10. Divulging the contents of a wire or electronic communication and any related
records or information to a law enforcement agency by a remote computing service or
communication service provider, officer or employee if either:

(a) The contents, records or information were lawfully or inadvertently obtained by
the service provider and appear to pertain to the commission of a crime.

(b) The provider reasonably believes that an emergency involving immediate danger
of death or serious physical injury to any person justifies the disclosure of the
contents, records or information without delay.

11. Divulging records or other information that pertains to a customer or subscriber
by a remote computing service or communication service provider, other than the contents
of a communication, either:

(a) As authorized by section 13-3016.

(b) With the customer's or subscriber's consent.

(c) As may be necessary incident to the rendition of the service or for the
protection of the rights or property of the provider of that service.

(d) To any person other than a governmental agency.

12. The interception or access of an electronic communication that is made through
an electronic communication system and that is configured so that the electronic
communication is readily accessible to the general public.

13. For other users of the same frequency to intercept a radio communication that is
made through a system that uses frequencies that are monitored by individuals who provide
or use the system, if the communication is not scrambled or encrypted.

14. The interception of oral communications by means of a child monitoring device.