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 whoshall 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 be43 guilty of a felony and is punishable by imprisonment in the state2 1 prison for a term not to exceed five (5) years or by a fine not to2 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