§ 7-3-701 — Definitions

Wyoming § 7-3-701

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 3: FUGITIVES AND PREVENTION OF CRIME
• Art. 7: COMMUNICATION INTERCEPTION

Text

(a) As used in this act:
(i) "Aggrieved person" means any person who was a
party to any oral, wire or electronic communication intercept as
defined in this act, or a person against whom the interception
was directed;
(ii) "Aural transfer" means a transfer containing the
human voice at any point between and including the point of
origin and the point of reception;
(iii) "Communication common carrier" shall have the
same meaning which is given the term "common carrier" by 47
U.S.C. § 153(10);
(iv) "Contents" when used with respect to any oral,
wire or electronic communication includes any information
concerning the meaning, substance or purport of the
communication;
(v) "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) Any wire or oral communication;
(B) Any communication made through a tone-only
paging device;
(C) Any communication made through a tracking
device as defined in 18 U.S.C. § 3117; or
(D) Electronic funds transfer information stored
by a financial institution in a communications system used for
the electronic storage and transfer of funds.
(vi) "Electronic communication service" means any
service which provides to users thereof the ability to send or
receive wire or electronic communications;
(vii) "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 those communications;
(viii) "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 component thereof, used in the ordinary
course of business or by a peace officer in the ordinary course
of his duties; or
(B) A hearing aid or similar device being used
to correct subnormal hearing to not better than normal.
(ix) "Intercept" means the aural or other acquisition
of the contents of any oral, wire or electronic communication by
use of an electronic, mechanical or other device;
(x) "Judge of competent jurisdiction" means a judge
of a district court;
(xi) "Oral communication" means any oral
communication uttered by a person who reasonably expects and
circumstances justify the expectation that the communication is
not subject to interception but does not include any electronic
communication;
(xii) "Peace officer" means any peace officer
included in W.S. 7-2-101(a)(iv)(A), (B) or (D), other than
members of a college or university police force, and includes
any law enforcement officer with federal criminal enforcement
jurisdiction;
(xiii) "Provider of wire or electronic communication
service" means any person who provides a service which consists
of communications by wire, radio, electronic, laser or other
transmission of energy;
(xiv) "Readily accessible to the general public"
means, with respect to a radio communication, that the
communication is not:
(A) Scrambled or encrypted;
(B) Transmitted using modulation techniques
whose essential parameters have been withheld from the public
with the intention of preserving the privacy of the
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.
(xv) "User" means any person or entity who:
(A) Uses an electronic communication service;
and
(B) Is duly authorized by the provider of the
service to engage in the use.
(xvi) "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
intrastate, interstate or foreign communications, and includes
any electronic storage of such communication;
(xvii) "This act" means W.S. 7-3-701 through 7-3-712.