State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter86 > 86-2_105

86-2,105. Electronic communication service; disclosure.(1) Except as provided in subsection (2) of this section, (a) 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 the service and (b) 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 which is carried or maintained on the service (i) on behalf of, and received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from, a subscriber to or customer of such service and (ii) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage of computer processing.(2) A person or entity may divulge the contents of a communication:(a) To an addressee or intended recipient of such communication or an agent of such addressee or intended recipient;(b) As otherwise authorized in section 86-290, 86-292, or 86-2,106;(c) With the lawful consent of the originator or an addressee or intended recipient of such communication or the subscriber in the case of remote computing service;(d) To a person employed or authorized or whose facilities are used to forward such communication to its destination;(e) As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of the service; or(f) To a law enforcement officer if such contents (i) were inadvertently obtained by the provider and (ii) appear to pertain to the commission of a crime. SourceLaws 1988, LB 899, § 16; R.S.1943, (1999), § 86-707.10; Laws 2002, LB 1105, § 167.