2014 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
803. Arrests, Search Warrants
803-47.5 Disclosure of contents of communication while in electronic storage.

Note

Heading reenacted by L 2006, c 200, pt of §4.

Law Journals and Reviews

Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83 (1978).

The Lum Court and the First Amendment. 14 UH L. Rev. 395 (1992).

Case Notes

Warrantless recordation by party to conversation did not violate this part. 64 H. 659, 649 P.2d 346 (1982).

Provisions of this part and article I, §7 of state constitution not relevant to question of legality of electronic eavesdropping activities conducted in California. 83 H. 187, 925 P.2d 357 (1996).

§803-47.5 Disclosure of contents of communication while in electronic storage.

(a)(1) A person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and

(2) A person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication that is carried or maintained on that service:

(A) On behalf of, and is either received by means of computer processing of communications or by electronic transmission, from a subscriber or customer of the service; and

(B) Solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of those communications for purposes of providing any services other than storage or computer processing.

(b) A person or entity may divulge the contents of a communication:

(1) To an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;

(2) As otherwise authorized by a court order or search warrant;

(3) With the lawful consent of the originator, addressee, or intended recipient of the communication, or the subscriber in the case of a remote computing service;

(4) To a person employed or authorized or whose facilities are used to forward the communication to its destination;

(5) As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or

(6) To a law enforcement agency, if the contents:

(A) Were inadvertently obtained by the service provider; and

(B) Appear to pertain to the commission of a crime. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]