South Carolina Code 17-30-35. Lawful interceptions of electronic communications
(1) intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;
Terms Used In South Carolina Code 17-30-35
- 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, photooptical system, or any other device that affects intrastate, 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 from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or
(d) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. See South Carolina Code 17-30-15 - Electronic communication service: means any service which provides to users of the service the ability to send or receive wire or electronic communications. See South Carolina Code 17-30-15
- 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 South Carolina Code 17-30-15
- Person: means an employee or agent of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the State, and any individual, partnership, association, joint stock company, trust, or corporation. See South Carolina Code 17-30-15
- 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 communications 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, Subpart E, or Subpart 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 South Carolina Code 17-30-15 - 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 its use. See South Carolina Code 17-30-15
(2) intercept any radio communication which is transmitted by:
(a) any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
(b) any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including any police or fire communications system, readily accessible to the general public;
(c) a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
(d) any marine or aeronautical communications system;
(3) engage in conduct which is:
(a) prohibited by Section 633 of the Communications Act of 1934; or
(b) excepted from the application of Section 705(a) of the Communications Act of 1934 and by Section 705(b) of that act;
(4) intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station of consumer electronic equipment to the extent necessary to identify the source of the interference;
(5) intercept, if the person is another user of the same frequency, any radio communication that is not scrambled or encrypted made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of the system;
(6) intercept a satellite transmission that is not scrambled or encrypted and that is transmitted:
(a) to a broadcasting station for purposes of retransmission to the general public; or
(b) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, when the interception is not for the purposes of direct or indirect commercial advantage or private financial gain; or
(7) intercept and privately view a private satellite video communication that is not scrambled or encrypted or to intercept a radio communication that is transmitted on frequencies allocated under Subpart D of Part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted, if the interception is not for an unlawful purpose or for purposes of direct or indirect commercial advantage or private commercial gain.
(B) It is lawful under this chapter for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of such service.