US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 67
                           COMMUNICATIONS SECURITY
    18-6702.  INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC OR ORAL
COMMUNICATIONS PROHIBITED. (1) Except as otherwise specifically provided in
this chapter, any person shall be guilty of a felony and is punishable by
imprisonment in the state prison for a term not to exceed five (5) years or by
a fine not to exceed five thousand dollars ($5,000), or by both fine and
imprisonment if that person:
    (a)  Willfully intercepts, endeavors to intercept, or procures any other
    person to intercept or endeavor to intercept any wire, electronic or oral
    communication; or
    (b)  Willfully uses, endeavors to use, or procures any other person to use
    or endeavor to use any electronic, mechanical, or other device to
    intercept any oral communication when:
         1.  Such device is affixed to, or otherwise transmits a signal
         through, a wire, cable, or other like connection used in wire
         communication; or
         2.  Such device transmits communications by radio or interferes with
         the transmission of such communication; or
    (c)  Willfully discloses, or endeavors to disclose, to any other person
    the contents of any wire, electronic or oral communication, knowing or
    having reason to know that the information was obtained through the
    interception of a wire, electronic or oral communication in violation of
    this subsection; or
    (d)  Willfully uses, or endeavors to use, the contents of any wire,
    electronic or oral communication, knowing or having reason to know that
    the information was obtained through the interception of a wire,
    electronic or oral communication in violation of this subsection; or
    (e)  Intentionally discloses or endeavors to disclose to any other person
    the contents of any wire, electronic or oral communication, intercepted by
    means authorized by subsection (2)(b), (c), (f) or (g) of this section or
    by section 18-6708, Idaho Code, if that person:
         (i)   Knows or has reason to know that the information was obtained
         through the interception of such communication in connection with a
         criminal investigation; and
         (ii)  Has obtained or received the information in connection with a
         criminal investigation with the intent to improperly obstruct, impede
         or interfere with a duly authorized criminal investigation.
    (2)  (a) It is lawful under this chapter for an operator of a switchboard,
    or an officer, employee, or agent of a provider of wire or electronic
    communication service whose facilities are used in the transmission of a
    wire or electronic communication to intercept, disclose, or use that
    communication in the normal course of his employment while engaged in any
    activity which is a necessary incident to the rendition of his service or
    to the protection of the rights or property of the provider of that
    service, except that a provider of wire communication service to the
    public shall not utilize service observing or random monitoring except for
    mechanical or service quality control checks.
    (b)  It is lawful under this chapter for an officer, employee, or agent of
    the federal communications commission, in the normal course of his
    employment and in discharge of the monitoring responsibilities exercised
    by the commission in the enforcement of 47 U.S.C. ch. 5, to intercept a
    wire, electronic or oral communication transmitted by radio or to disclose
    or use the information thereby obtained.
    (c)  It is lawful under this chapter for a law enforcement officer or a
    person acting under the direction of a law enforcement officer to
    intercept a wire, electronic or oral communication when such person is a
    party to the communication or one (1) of the parties to the communication
    has given prior consent to such interception.
    (d)  It is lawful under this chapter for a person to intercept a wire,
    electronic or oral communication when one (1) of the parties to the
    communication has given prior consent to such interception.
    (e)  It is unlawful to intercept any communication for the purpose of
    committing any criminal act.
    (f)  It is lawful under this chapter for an employee of a telephone
    company to intercept a wire communication for the sole purpose of tracing
    the origin of such communication when the interception is requested by an
    appropriate law enforcement agency or the recipient of the communication
    and the recipient alleges that the communication is obscene, harassing, or
    threatening in nature.
    (g)  It is lawful under this chapter for an employee of a law enforcement
    agency, fire department or ambulance service, while acting in the scope of
    his employment, and while a party to the communication, to intercept and
    record incoming wire or electronic communications.
    (h)  It shall not be unlawful under this chapter for any person:
         (i)   To intercept or access an electronic communication made through
         an electronic communication system that is configured so that such
         electronic communication is readily accessible to the general public;
         (ii)  To intercept any radio communication that is transmitted:
              (A)  By any station for the use of the general public, or that
              relates to ships, aircraft, vehicles or persons in distress;
              (B)  By any governmental, law enforcement, civil defense,
              private land mobile or public safety communications system,
              including police and fire, readily accessible to the public;
              (C)  By a station operating on an authorized frequency within
              the bands allocated to the amateur, citizens band or general
              mobile radio services; or
              (D)  By any marine or aeronautical communication system;
         (iii) To engage in any conduct that:
              (A)  Is prohibited by 47 U.S.C. section 553 (federal
              communications act of 1934); or
              (B)  Is excepted from the application of 47 U.S.C. section 605
              (federal communications act of 1934);
         (iv)  To intercept any wire or electronic communication, the
         transmission  of which is causing harmful interference to any
         lawfully operating station or consumer electronic equipment to the
         extent it is necessary to identify the source of such interference;
         or
         (v)  For other users of the same frequency to intercept any radio
         communication, if such communication is not scrambled or encrypted,
         made through a system that utilizes frequencies monitored by
         individuals engaged in the provision or the use of such system.
    (i)  It shall be lawful under this chapter for a provider of electronic
    communication service to record the fact that a wire or electronic
    communication was initiated or completed in order to protect such
    provider, another provider furnishing service toward the completion of the
    wire or electronic communication or a user of that service from the
    fraudulent, unlawful or abusive use of such service.
    (3)  (a) Except as provided in subsection (3)(b) of this section, a person
    or entity providing an electronic communication service to the public
    shall not intentionally divulge the contents of any communication other
    than to such person or entity or an agent thereof while in transmission on
    that service, to any person or entity other than an addressee or intended
    recipient of such communication or an agent of such addressee or intended
    recipient.
    (b)  A person or entity providing electronic communication service to the
    public may divulge the contents of any such communication:
         (i)   As otherwise authorized in section 18-6707, Idaho Code, or
         subsection (2)(a) of this section;
         (ii)  With the lawful consent of the originator or any addressee or
         intended recipient of such communication;
         (iii) To a person employed or authorized, or whose facilities are
         used, to forward such communication to its destination; or
         (iv)  If such contents were inadvertently obtained by the service
         provider and appear to pertain to the commission of a crime, if such
         divulgence is made to a law enforcement agency.