As used in sections 18-9-301 to 18-9-305, unless the
context otherwise requires:
(1) Aggrieved person means a person who was a party to any intercepted
wire, oral, or electronic communication or a person against whom the interception
was directed.
(1.5) Aural transfer means a transfer containing the human voice at any
point between and including the point of origin and the point of reception.
(2) Common carrier means any person engaged as a common carrier for
hire in intrastate, interstate, or foreign communication by wire or radio or in
intrastate, interstate, or foreign radio transmission of energy.
(3) Contents, when used with respect to any wire, oral, or electronic
communication, includes any information concerning the substance, purport, or
meaning of that communication.
(3.3) Electronic communication means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted in whole or
in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system
that affects interstate or foreign commerce but does not include:
(a) (Deleted by amendment, L. 97, p. 602, � 2, effective August 6, 1997.)
(b) Any wire or oral communication;
(c) Any communication made through a tone-only paging device; or
(d) Any communication from a tracking device.
(3.5) Electronic communication service means any service which provides
to users thereof the ability to send or receive wire or electronic communications.
(3.7) Electronic communications system means any wire, radio,
electromagnetic, photooptical, or photoelectronic facilities for the transmission of
electronic communications and any computer facilities or related electronic
equipment for the electronic storage of such communications.
(4) Electronic, mechanical, or other device means any device or apparatus
which can be used to intercept a wire, oral, or electronic communication, other than:
(a) Any telephone or telegraph instrument, equipment, or facility, or any
component thereof, furnished to the subscriber or user by a provider of wire or
electronic communication service in the ordinary course of its business and being
used by the subscriber or user in the ordinary course of its business, or furnished by
such subscriber or user for connection to the facilities of such service and being
used in the ordinary course of its business, or being used by a provider of wire or
electronic communication service in the ordinary course of its business or by an
investigative or law enforcement officer in the ordinary course of his duties;
(b) A hearing aid or similar device being used to correct subnormal hearing
to not better than normal hearing.
(4.5) Electronic storage means:
(a) Any temporary, intermediate storage of a wire or electronic
communication incidental to the electronic transmission thereof; and
(b) Any storage of such communication by an electronic communication
service for purposes of backup protection of such communication.
(5) 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.
(6) Investigative or law enforcement officer means any officer of the
United States or of the state of Colorado or a political subdivision thereof who is
empowered by law to conduct investigations of, or to make arrests for, offenses
enumerated in this part 3, and any attorney authorized by law to prosecute or
participate in the prosecution of such offenses.
(7) Judge of competent jurisdiction means any justice of the supreme court
or a judge of any district court of the state of Colorado.
(8) Oral communication means any oral communication uttered by any
person believing that such communication is not subject to interception, under
circumstances justifying such belief, but does not include any electronic
communication.
(8.3) Pen register means a device which records or decodes electronic or
other impulses which identify the numbers dialed or otherwise transmitted on the
telephone line to which such device is attached but shall not include any device
used by a provider or customer of a wire or electronic communication service for
billing, or recording as an incident to billing, for communications services provided
by such provider or any device used by a provider or customer of a wire
communication service for cost accounting or other like purposes in the ordinary
course of its business.
(8.5) Readily accessible to the general public means, with respect to a
radio communication, that such communication is not:
(a) Scrambled or encrypted;
(b) Transmitted using modulation techniques having essential parameters
withheld from the public with the intention of preserving the privacy of such
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; or
(e) Transmitted on frequencies allocated under part 25, subpart D, E, or F of
part 74, or part 94 of the rules of the federal communications commission, unless,
in the case of a communication transmitted on a frequency allocated under part 74
that is not exclusively allocated to broadcast auxiliary services, the communication
is a two-way voice communication by radio.
(8.7) Trap and trace device means a device which captures the incoming
electronic or other impulses which identify the originating number of an instrument
or device from which a wire or electronic communication was transmitted.
(8.9) User means any person or entity which uses an electronic
communication service and is duly authorized by the provider of such service to
engage in such use.
(9) Wire communication means any aural transfer made in whole or in part
through the use of facilities for the transmission of communications by the aid of
wire, cable, or other like connection, including the use of such connection in a
switching station, between the point of origin and the point of reception, furnished
or operated by any person engaged in providing or operating such facilities for the
transmission of communications and includes any electronic storage of such
communication.