Rhode Island
R.I. Gen. Laws § 11-35-21 (2006)
§ 11-35-21. Unauthorized interception, disclosure or use of wire, electronic, or
oral communication
(a) Except as otherwise specifically provided in chapter 5.1 of title 12, any
person: (1) who willfully intercepts, attempts to intercept, or procures any
other person to intercept or attempt to intercept, any wire, electronic, or oral
communication; (2) who willfully discloses or attempts to disclose to any person
the contents of any wire, electronic, or oral communication, knowing, or having
reason to know that the information was obtained through interception of a wire,
electronic, or oral communication in violation of this section; or (3) who
willfully uses or attempts to use the contents of any wire, electronic, or oral
communication, knowing, or having reason to know, that the information was
obtained through interception of a wire, electronic, or oral communication in
violation of this section; shall be imprisoned for not more than five (5) years.
(b) The provisions of subdivisions (a)(2) and (3) of this section shall not
apply to the contents of any wire, electronic, or oral communication, or
evidence derived from those contents, which has become common knowledge or
public information.
(c) It shall not be unlawful under this chapter for:
(1) An operator of a switchboard, or an officer, agent, or employee of a
communication common carrier, whose facilities are used in the transmission of a
wire, electronic, or oral communication, to intercept, disclose, or use that
communication in the normal course of his or her employment while engaged in any
activity which is a necessary incident to the rendition of his or her service or
to the protection of the rights or property of the carrier of the communication.
No communication common carrier shall utilize service observing or random
monitoring except for mechanical or service quality control checks;
(2) A person acting under color of law to intercept a wire, electronic, or oral
communication, where that person is a party to the communication, or where one
of the parties to the communication has given prior consent to the interception;
or
(3) A person not acting under color of law to intercept a wire, electronic, or
oral communication, where the person is a party to the communication, or one of
the parties to the communication has given prior consent to the interception
unless the communication is intercepted for the purpose of committing any
criminal or tortious act in the violation of the constitution or laws of the
United States or of any state or for the purpose of committing any other
injurious act.