View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1379................................................by JUDICIARY AND RULES
COMMUNICATIONS - INTERCEPTION - Amends existing law to clarify the
application of certain penalty provisions to the interception of certain
communications.
02/19 Senate intro - 1st rdg - to printing
02/20 Rpt prt - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/05 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, Noble,
Noh, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Calabretta, Compton(Duncan), McWilliams,
Pearce, Richardson
Floor Sponsor - Davis
Title apvd - to House
03/08 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 66-0-4
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Gagner, Roberts, Snodgrass, Mr. Speaker
Floor Sponsor - Ridinger
Title apvd - to Senate
03/17 To enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/24 Governor signed
Session Law Chapter 303
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1379
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO COMMUNICATIONS SECURITY; AMENDING SECTION 18-6702, IDAHO CODE, TO
3 CLARIFY THE APPLICABILITY OF CERTAIN PENALTY PROVISIONS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 18-6702, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 18-6702. INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC OR ORAL COMMUNI-
8 CATIONS PROHIBITED. (1) Except as otherwise specifically provided in this
9 chapter, any person who shall be guilty of a felony and is punishable by
10 imprisonment in the state prison for a term not to exceed five (5) years or by
11 a fine not to exceed five thousand dollars ($5,000), or by both fine and
12 imprisonment if that person:
13 (a) Willfully intercepts, endeavors to intercept, or procures any other
14 person to intercept or endeavor to intercept any wire, electronic or oral
15 communication; or
16 (b) Willfully uses, endeavors to use, or procures any other person to use
17 or endeavor to use any electronic, mechanical, or other device to inter-
18 cept any oral communication when:
19 1. Such device is affixed to, or otherwise transmits a signal
20 through, a wire, cable, or other like connection used in wire commu-
21 nication; or
22 2. Such device transmits communications by radio or interferes with
23 the transmission of such communication; or
24 (c) Willfully discloses, or endeavors to disclose, to any other person
25 the contents of any wire, electronic or oral communication, knowing or
26 having reason to know that the information was obtained through the inter-
27 ception of a wire, electronic or oral communication in violation of this
28 subsection; or
29 (d) Willfully uses, or endeavors to use, the contents of any wire, elec-
30 tronic or oral communication, knowing or having reason to know that the
31 information was obtained through the interception of a wire, electronic or
32 oral communication in violation of this subsection; or
33 (e) Intentionally discloses or endeavors to disclose to any other person
34 the contents of any wire, electronic or oral communication, intercepted by
35 means authorized by subsection (2)(b), (c), (f) or (g) of this section or
36 by section 18-6708, Idaho Code, if that person:
37 (i) Knows or has reason to know that the information was obtained
38 through the interception of such communication in connection with a
39 criminal investigation; and
40 (ii) Has obtained or received the information in connection with a
41 criminal investigation with the intent to improperly obstruct, impede
42 or interfere with a duly authorized criminal investigation, shall be
43 guilty of a felony and is punishable by imprisonment in the state
2
1 prison for a term not to exceed five (5) years or by a fine not to
2 exceed five thousand dollars ($5,000), or by both fine and imprison-
3 ment.
4 (2) (a) It is lawful under this chapter for an operator of a switchboard,
5 or an officer, employee, or agent of a provider of wire or electronic com-
6 munication service whose facilities are used in the transmission of a wire
7 or electronic communication to intercept, disclose, or use that communi-
8 cation in the normal course of his employment while engaged in any activ-
9 ity which is a necessary incident to the rendition of his service or to
10 the protection of the rights or property of the provider of that service,
11 except that a provider of wire communication service to the public shall
12 not utilize service observing or random monitoring except for mechanical
13 or service quality control checks.
14 (b) It is lawful under this chapter for an officer, employee, or agent of
15 the federal communications commission, in the normal course of his employ-
16 ment and in discharge of the monitoring responsibilities exercised by the
17 commission in the enforcement of 47 U.S.C. ch. 5, to intercept a wire,
18 electronic or oral communication transmitted by radio or to disclose or
19 use the information thereby obtained.
20 (c) It is lawful under this chapter for a law enforcement officer or a
21 person acting under the direction of a law enforcement officer to inter-
22 cept a wire, electronic or oral communication when such person is a party
23 to the communication or one (1) of the parties to the communication has
24 given prior consent to such interception.
25 (d) It is lawful under this chapter for a person to intercept a wire,
26 electronic or oral communication when one (1) of the parties to the commu-
27 nication has given prior consent to such interception.
28 (e) It is unlawful to intercept any communication for the purpose of com-
29 mitting any criminal act.
30 (f) It is lawful under this chapter for an employee of a telephone com-
31 pany to intercept a wire communication for the sole purpose of tracing the
32 origin of such communication when the interception is requested by an
33 appropriate law enforcement agency or the recipient of the communication
34 and the recipient alleges that the communication is obscene, harassing, or
35 threatening in nature.
36 (g) It is lawful under this chapter for an employee of a law enforcement
37 agency, fire department or ambulance service, while acting in the scope of
38 his employment, and while a party to the communication, to intercept and
39 record incoming wire or electronic communications.
40 (h) It shall not be unlawful under this chapter for any person:
41 (i) To intercept or access an electronic communication made through
42 an electronic communication system that is configured so that such
43 electronic communication is readily accessible to the general public;
44 (ii) To intercept any radio communication that is transmitted:
45 (A) By any station for the use of the general public, or that
46 relates to ships, aircraft, vehicles or persons in distress;
47 (B) By any governmental, law enforcement, civil defense, pri-
48 vate land mobile or public safety communications system, includ-
49 ing police and fire, readily accessible to the public;
50 (C) By a station operating on an authorized frequency within
51 the bands allocated to the amateur, citizens band or general
52 mobile radio services; or
53 (D) By any marine or aeronautical communication system;
54 (iii) To engage in any conduct that:
55 (A) Is prohibited by 47 U.S.C. section 553 (federal communica-
3
1 tions act of 1934); or
2 (B) Is excepted from the application of 47 U.S.C. section 605
3 (federal communications act of 1934);
4 (iv) To intercept any wire or electronic communication, the trans-
5 mission of which is causing harmful interference to any lawfully
6 operating station or consumer electronic equipment to the extent it
7 is necessary to identify the source of such interference; or
8 (v) For other users of the same frequency to intercept any radio
9 communication, if such communication is not scrambled or encrypted,
10 made through a system that utilizes frequencies monitored by individ-
11 uals engaged in the provision or the use of such system.
12 (i) It shall be lawful under this chapter for a provider of electronic
13 communication service to record the fact that a wire or electronic commu-
14 nication was initiated or completed in order to protect such provider,
15 another provider furnishing service toward the completion of the wire or
16 electronic communication or a user of that service from the fraudulent,
17 unlawful or abusive use of such service.
18 (3) (a) Except as provided in subsection (3)(b) of this section, a person
19 or entity providing an electronic communication service to the public
20 shall not intentionally divulge the contents of any communication other
21 than to such person or entity or an agent thereof while in transmission on
22 that service, to any person or entity other than an addressee or intended
23 recipient of such communication or an agent of such addressee or intended
24 recipient.
25 (b) A person or entity providing electronic communication service to the
26 public may divulge the contents of any such communication:
27 (i) As otherwise authorized in section 18-6707, Idaho Code, or sub-
28 section (2)(a) of this section;
29 (ii) With the lawful consent of the originator or any addressee or
30 intended recipient of such communication;
31 (iii) To a person employed or authorized, or whose facilities are
32 used, to forward such communication to its destination; or
33 (iv) If such contents were inadvertently obtained by the service
34 provider and appear to pertain to the commission of a crime, if such
35 divulgence is made to a law enforcement agency.
STATEMENT OF PURPOSE
RS 14014
The purpose of this legislation is to grammatically change and
clarify the language of the statute. By moving the penalty
portion to the introductory section it makes it more plain that
it applies to all of the sub-parts instead of just sub-part (e).
FISCAL IMPACT
None
Contact
Name: Senator Bart M. Davis
Phone: 208/332-1305
STATEMENT OF PURPOSE/FISCAL NOTE S 1379