§803-47.5  Disclosure of contents of
communication while in electronic storage.



  (a)(1)  A person or entity providing an electronic
communication service to the public shall not knowingly divulge to any person
or entity the contents of a communication while in electronic storage by that
service; and



(2)  A person or entity providing remote computing
service to the public shall not knowingly divulge to any person or entity the
contents of any communication that is carried or maintained on that service:



(A)  On behalf of, and is either received by
means of computer processing of communications or by electronic transmission,
from a subscriber or customer of the service; and



(B)  Solely for the purpose of providing
storage or computer processing services to the subscriber or customer, if the
provider is not authorized to access the contents of those communications for
purposes of providing any services other than storage or computer processing.



(b)  A person or entity may divulge the
contents of a communication:



(1)  To an addressee or intended recipient of the
communication or an agent of the addressee or intended recipient;



(2)  As otherwise authorized by a court order or
search warrant;



(3)  With the lawful consent of the originator,
addressee, or intended recipient of the communication, or the subscriber in the
case of a remote computing service;



(4)  To a person employed or authorized or whose
facilities are used to forward the communication to its destination;



(5)  As may be necessarily incident to the rendition
of the service or to the protection of the rights or property of the provider
of that service; or



(6)  To a law enforcement agency, if the contents:



(A)  Were inadvertently obtained by the service
provider; and



(B)  Appear to pertain to the commission of a
crime. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]