Hawaii Revised Statutes 803-42 – Interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class C felony | up to 5 years | up to $10,000 |
Terms Used In Hawaii Revised Statutes 803-42
- Contents: when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication. See Hawaii Revised Statutes 803-41
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Designated judge: means a circuit court judge designated by the chief justice of the Hawaii supreme court to issue orders under this part. See Hawaii Revised Statutes 803-41
- electronic communication: includes , but is not limited to, "display pagers" which can display [a] visual message as part of the paging process, but does not include:
(1) Any wire or oral communication;
(2) Any communication made through a tone-only paging device;
(3) Any communication from a tracking device; or
(4) Electronic funds transfer information stored by [a] financial institution in a communications system used for the electronic storage and transfer of funds. See Hawaii Revised Statutes 803-41
- Electronic communication service: means any service that provides to users thereof the ability to send or receive wire or electronic communications. See Hawaii Revised Statutes 803-41
- Electronic communication system: means any wire, radio, electromagnetic, photo-optical, or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of these communications. See Hawaii Revised Statutes 803-41
- Electronic storage: means :
(1) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
(2) Any storage of the communication by an electronic communication service for purposes of backup protection of the communication. See Hawaii Revised Statutes 803-41
- 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. See Hawaii Revised Statutes 803-41
- Oral communication: means any utterance by a person exhibiting an expectation that the utterance is not subject to interception under circumstances justifying that expectation, but the term does not include any electronic communication. See Hawaii Revised Statutes 803-41
- Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or cellular network to which the device is connected, or that identifies the numbers that a device uses to connect to a wire or electronic communications service, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business. See Hawaii Revised Statutes 803-41
- Person: means any official, employee, or agent of the United States or this State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Hawaii Revised Statutes 803-41
- Readily accessible to the general public: means , with respect to radio communication, that the communication is not:
(1) Scrambled or encrypted;
(2) Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;
(3) Carried on a subcarrier or other signal subsidiary to a radio transmission;
(4) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; or
(5) 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. See Hawaii Revised Statutes 803-41
- Tracking device: means an electronic or mechanical device that permits the tracking of the movement of a person or object, but does not include a device when installed:
(1) In a motor vehicle or other vehicle by or with the permission of the owner or person in lawful possession of the motor vehicle or other vehicle for the purpose of tracking the movement of the motor vehicle or other vehicle; or
(2) By or at the request of a police department or law enforcement agency in a "bait vehicle". See Hawaii Revised Statutes 803-41
- Trap and trace device: means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See Hawaii Revised Statutes 803-41
- User: means any person or entity that:
(1) Uses an electronic communication service; and
(2) Is duly authorized by the provider of the service to engage in such use. See Hawaii Revised Statutes 803-41
- wire communication: includes , but is not limited to, cellular telephones, cordless telephones, "tone and voice" pagers which transmit a voice message along with a paging signal, and any electronic storage of a wire communication. See Hawaii Revised Statutes 803-41
No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any access, interception, or surveillance or the device used to accomplish the interception or surveillance for which the person has been furnished a court order or certification under this part, except as may otherwise be required by legal process and then only after prior notification to the party that provided the court order or certification.
No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order or certification under this part.
No cause of action shall lie in any court against any provider of electronic communication service, its officers, employees, or agents, custodian, or other specified person for disclosing information in accordance with the terms of a certification under this part.