As used in this chapter, unless the context otherwise requires:
1."Aggrieved person" means a person who was a party to any intercepted wire,
electronic, or oral communication or a person against whom the interception was
directed.
2."Common carrier" is defined in section 8-07-01.
3."Contents", when used with respect to any wire, electronic, or oral communication,
includes any information concerning the identity of the parties to the communication or
the existence, substance, purport, or meaning of that communication.
4."Electronic communication" means 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 photo-optical system, but does not include:
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As used in this chapter, unless the context otherwise requires:
1. "Aggrieved person" means a person who was a party to any intercepted wire,
electronic, or oral communication or a person against whom the interception was
directed.
2. "Common carrier" is defined in section 8-07-01.
3. "Contents", when used with respect to any wire, electronic, or oral communication,
includes any information concerning the identity of the parties to the communication or
the existence, substance, purport, or meaning of that communication.
4. "Electronic communication" means 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 photo-optical system, but does not include:
a. The radio portion of a cordless telephone communication that is transmitted
between the cordless telephone handset and the base unit;
b. A wire or oral communication;
c. A communication made through a tone-only paging device; or
d. A communication from a tracking device, defined as an electronic or mechanical
device that permits the tracing of the movement of a person or object.
5. "Electronic, mechanical, or other device" means any device or apparatus that can be
used to intercept a wire, electronic, or oral communication, other than:
a. Any telephone or telegraph instrument, equipment, or facility, or any component
thereof, either:
(1) Furnished to the subscriber or user 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 a subscriber or user for connection to the facilities
of service and used 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 the officer's duties.
b. A hearing aid or similar device being used to correct subnormal hearing to not
better than normal;
c. A device or apparatus specifically designed to only record conversations to which
the operator of the device is a party;
d. A device or apparatus used in the normal course of broadcasting by radio or
television; or
e. A device or apparatus that is otherwise commonly used for a purpose other than
overhearing or recording conversations.
In determining whether a device that is alleged to be an electronic, mechanical, or
other device is, in fact, such a device, there must be taken into account, among other
things, the size, appearance, directivity, range, sensitivity, frequency, power, or
intensity, and the representation of the maker or manufacturer as to its performance
and use.
6. "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.
7. "Judge of competent jurisdiction" means justice of the supreme court of this state or
judge of any district court of this state.
8. "Law enforcement officer" means a public servant authorized by law or by a
government agency or branch to enforce the law and to conduct or engage in
investigations or prosecutions for violations of law.
9. "Oral communication" means a communication uttered by a person believing that the
communication is not subject to interception, under circumstances justifying that belief,
but does not include any electronic communication.
10. "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 between the point of origin and the point of reception, including
any electronic storage of the communication, but does not include the radio portion of
a cordless telephone communication that is transmitted between the cordless
telephone handset and the base unit.