Oklahoma § 13-176.4 - Acts not prohibited

§ 13-176.4. Acts not prohibited

It is not unlawful pursuant to the Security of Communications

Act for:

1. an operator of a switchboard, or an officer, employee, or

agent of any communication common carrier whose facilities are used

Oklahoma Statutes - Title 13. Common Carriers

in the transmission of a wire, oral or electronic communication to

intercept, disclose, or use that communication in the normal course

of his employment while engaged in any activity which is a necessary

incident to the rendition of his service or to the protection of the

rights or property of the carrier of such communication. Said

communication common carriers shall not utilize service observing or

random monitoring except for mechanical or service quality control

checks; or

2. an officer, employee, or agent of any communication common

carrier or other person authorized to provide information,

facilities, or technical assistance to a law enforcement officer who

is authorized to intercept a wire, oral or electronic communication;

or

3. an officer, employee, or agent of the Federal Communications

Commission, in the normal course of his employment and in discharge

of the monitoring responsibilities exercised by the Commission in

the enforcement of Chapter 5 of Title 47 of the United States Code,

to intercept a wire, oral or electronic communication transmitted by

radio or to disclose or use the information obtained; or

4. a person acting under color of law to intercept a wire, oral

or electronic communication when such person is a party to the

communication or one of the parties to the communication has given

prior consent to such interception; or

5. a person not acting under color of law to intercept a wire,

oral or electronic communication when such person is a party to the

communication or when one of the parties to the communication has

given prior consent to such interception unless the communication is

intercepted for the purpose of committing any criminal act; or

6. a communication common carrier or an officer, agent, or

employee thereof, or a person under contract with a communication

common carrier, in the normal course of the business of the

communication common carrier bidding upon contracts with or in the

course of doing business with the United States, a state, or a

political subdivision thereof, in the normal course of the

activities of said entities, to send through the mail, send or carry

in interstate or foreign commerce, manufacture, assemble, possess,

or sell any electronic, mechanical, or other device knowing or

having reason to know that the design of such device renders the

device primarily useful for the purpose of the illegal interception

of wire, oral or electronic communications; or

7. an officer or employee of the Oklahoma Department of

Corrections to monitor any wire, oral or electronic communication

where an incarcerated inmate is a party to that communication, if

the inmate is given prior and conspicuous notice of the surveillance

or monitoring.

Added by Laws 1982, c. 343, § 4. Amended by Laws 1983, c. 105, § 1,

emerg. eff. May 10, 1983; Laws 1989, c. 216, § 3, eff. Nov. 1, 1989.

Oklahoma Statutes - Title 13. Common Carriers