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§ 13-3001 (2006) - Definitions

CHAPTER 30. EAVESDROPPING AND COMMUNICATIONS
A.R.S. § 13-3001 (2006)
§ 13-3001. Definitions


In this chapter, unless the context otherwise requires:

1. "Aural transfer" means a communication containing the human voice at any point between and including the point of origin and the point of reception.

2. "Child monitoring device" means a device that is capable of transmitting an audio or audiovisual signal and that is installed or used in a residence for child supervision or safety monitoring by any parent, guardian or other responsible person in the person's own residence.

3. "Communication service provider" means any person who is engaged in providing a service that allows its users to send or receive oral, wire or electronic communications or computer services.

4. "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature that is transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system but that does not include any of the following:

(a) Any wire or oral communication.

(b) Any communication made through a tone-only paging device.

(c) Any communication from a tracking device.

5. "Electronic communication system" means any communication or computer facilities or related electronic equipment for the transmission, processing or electronic storage of electronic communications.

6. "Electronic storage" means either of the following:

(a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission.

(b) Any storage of the communication by an electronic communication service provider for purposes of backup protection of the communication.

7. "Intercept" means the aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.

8. "Oral communication" means a spoken communication that is uttered by a person who exhibits an expectation that the communication is not subject to interception under circumstances justifying the expectation but does not include any electronic communication.

9. "Pen register" means a device or process that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or communication facility to which the device is attached or the dialing, routing, addressing or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted but does not include the contents of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. A pen register does not include a publicly available device or process that is otherwise not unlawful.

10. "Person" means any individual, enterprise, public or private corporation, unincorporated association, partnership, firm, society, governmental authority or entity, including the subscriber to the communication service involved, and any law enforcement officer.

11. "Readily accessible to the general public" means a radio communication that is not:

(a) Scrambled or encrypted.

(b) Transmitted using modulation techniques with essential parameters that have been withheld from the public to preserve the privacy of the communication.

(c) Carried on a subcarrier or other signal subsidiary to a radio transmission.

(d) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication.

(e) Transmitted on frequencies allocated under part 25, subpart D, E or F or part 74 or part 94 of the rules of the federal communications commission. If a communication transmitted on a frequency allocated under part 74 is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication system by radio.

12. "Remote computing service" means providing to the public any computer storage or processing services by means of an electronic communication system.

13. "Trap and trace device" means a device or process that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted or the dialing, routing, addressing and signaling information that is reasonably likely to identify the source of a wire or electronic communication but does not include the content of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. A trap and trace device does not include a publicly available device or process that is otherwise not unlawful.

14. "Wire communication" means any aural transfer that is made in whole or in part through the use of facilities for the transmission of communications by the aid of any wire, cable or other like connection between the point of origin and the point of reception, including the use of a connection in a switching station, and that is furnished or operated by any person who is engaged in providing or operating the facilities for the transmission of communications.



A.R.S. § 13-3005 (2006)
§ 13-3005. Interception of wire, electronic and oral communications; installation of pen register or trap and trace device; classification; exceptions



A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either:

1. Intentionally intercepts a wire or electronic communication to which he is not a party, or aids, authorizes, employs, procures or permits another to so do, without the consent of either a sender or receiver thereof.

2. Intentionally intercepts a conversation or discussion at which he is not present, or aids, authorizes, employs, procures or permits another to so do, without the consent of a party to such conversation or discussion.

3. Intentionally intercepts the deliberations of a jury or aids, authorizes, employs, procures or permits another to so do.

B. Except as provided in sections 13-3012 and 13-3017, a person who intentionally and without lawful authority installs or uses a pen register or trap and trace device on the telephone lines or communications facilities of another person which are utilized for wire or electronic communication is guilty of a class 6 felony.



A.R.S. § 13-3012 (2006)
§ 13-3012. Exemptions


The following are exempt from the provisions of this chapter:

1. The interception of wire, electronic or oral communications, the installation and operation of a pen register or trap and trace device, the providing of information, facilities or technical assistance to an investigative or law enforcement officer pursuant to a subpoena or an ex parte order granted pursuant to sections 13-3010, 13-3015, 13-3016, 13-3017 and 13-3018 or an emergency interception made in good faith pursuant to section 13-3015, including any of the foregoing acts by a communication service provider or its officers, agents or employees.

2. The normal use of services, equipment and facilities that are provided by a communication service provider pursuant to tariffs that are on file with the Arizona corporation commission or the federal communications commission and the normal functions of any operator of a switchboard.

3. Any officer, agent or employee of a communication service provider who performs acts that are otherwise prohibited by this article in providing, constructing, maintaining, repairing, operating or using the provider's services, equipment or facilities, protecting the provider's service, equipment and facilities from illegal use in violation of tariffs that are on file with the Arizona corporation commission or the federal communications commission and protecting the provider from the commission of fraud against it.

4. Providing requested information or any other response to a subpoena or other order that is issued by a court of competent jurisdiction or on demand of any other lawful authority.

5. The interception of wire or electronic communications or the use of a pen register or trap and trace device by a communication service provider or by a person providing technical assistance at the request of the communication service provider if the interception or use either:

(a) Relates to the operation, maintenance and testing of that service, the protection of the rights or property of the provider or the protection of users of that service from fraudulent, abusive or unlawful use of that service.

(b) Records the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication or a user of that service from fraudulent, unlawful or abusive use of that service.

6. The interception of any radio communication that is transmitted:

(a) By any station for the use of the general public or if the transmission relates to ships, aircraft, vehicles or persons in distress.

(b) By any government, law enforcement, civil defense, private land mobile or public safety communication system, including police and fire systems, and that is readily accessible to the general public.

(c) By any station that operates on an authorized frequency within the bands that are allocated to the amateur, citizens band or general mobile radio services.

(d) By any marine or aeronautical communications system.

(e) Through a system using frequencies that are monitored by persons who are engaged in the provision or the use of the system or by other persons who use the same frequency if the communication is not scrambled or encrypted.

7. The interception of wire or electronic communication if the transmission is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of the interference.

8. The use of a pen register or trap and trace device by a communication service provider for billing or recording as an incident to billing for communication services, or for cost accounting or other like purposes in the ordinary course of business.

** 9. The interception of any wire, electronic or oral communication by any person, if the interception is effected with the consent of a party to the communication or a person who is present during the communication, or the installation of a pen register or trap and trace device with the consent of a user or subscriber to the service.

10. Divulging the contents of a wire or electronic communication and any related records or information to a law enforcement agency by a remote computing service or communication service provider, officer or employee if either:

(a) The contents, records or information were lawfully or inadvertently obtained by the service provider and appear to pertain to the commission of a crime.

(b) The provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies the disclosure of the contents, records or information without delay.

11. Divulging records or other information that pertains to a customer or subscriber by a remote computing service or communication service provider, other than the contents of a communication, either:

(a) As authorized by section 13-3016.

(b) With the customer's or subscriber's consent.

(c) As may be necessary incident to the rendition of the service or for the protection of the rights or property of the provider of that service.

(d) To any person other than a governmental agency.

12. The interception or access of an electronic communication that is made through an electronic communication system and that is configured so that the electronic communication is readily accessible to the general public.

13. For other users of the same frequency to intercept a radio communication that is made through a system that uses frequencies that are monitored by individuals who provide or use the system, if the communication is not scrambled or encrypted.

14. The interception of oral communications by means of a child monitoring device.