§ 12.1-15-04 — Definitions

In sections 12.1-15-02 through 12.1-15-04:
1. "Communications common carrier" shall have the meaning prescribed for the term
"common carrier" by section 8-07-01.
2. "Contents", when used with respect to any wire or oral communication, includes any
information concerning the identity of the parties to such communication or the
existence, substance, purport, or meaning of that communication.
3. "Electronic, mechanical, or other device" means any device or apparatus which can be
used to intercept a wire or oral communication other than:
a. Any telephone or telegraph instrument, equipment, or facility, or any component
thereof, (1) furnished to the subscriber or user by a communications common
carrier in the ordinary course of its business and being used by the subscriber or
user in the ordinary course of its business; or (2) being used by a
communications common carrier 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.
4. "Intercept" means the aural acquisition of the contents of any wire or oral
communication through the use of an electronic, mechanical, or other device, or by
secretly overhearing the communication.
5. "Oral communication" means any oral communication uttered by a person exhibiting
an expectation that such communication is not subject to interception under
circumstances justifying such expectation.
6. "Wire communication" means any communication 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 between the point of origin and the point of reception furnished or
operated by any person engaged as a common carrier in providing or operating such
facilities for the transmission of communications.