Montana § 46-5-601 - Definitions

§ 46-5-601. Definitions

Definitions. As used in this part, the following definitions apply: (1) "Contents" means any information concerning the substance, purport, or meaning of a communication. (2) (a) "Electronic communication" means: (i) any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or (ii) any aural transfer made or stored in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station. (b) The term does not include: (i) an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation; (ii) a communication made through a tone-only paging device; (iii) a communication from a tracking device, including an electronic or mechanical device that permits the tracking of the movement of a person or object; or (iv) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (3) "Electronic communication service" means: (a) a service that provides to users the ability to send or receive electronic communications; (b) a service that provides to users computer storage or processing services; or (c) a service that acts as an intermediary in the transmission of electronic communications. (4) "Governmental entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. (5) (a) "Subscriber record" means a record of or information about an electronic communication service or remote computing service that reveals the subscriber's or customer's: (i) name; (ii) address; (iii) local and long-distance telephone connection record or record of session time and duration; (iv) length of service, including start date; (v) type of service used; (vi) telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and (vii) means and source of payment for the service. (b) The term does not include customer proprietary network information as defined in 47 U.S.C. 222(h)(1).