(a)

Terms Used In Hawaii Revised Statutes 803-47.5

  • 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
  • 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 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

  • 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
  • Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communication system. See Hawaii Revised Statutes 803-41
(1) A person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and
(2) A person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication that is carried or maintained on that service:

(A) On behalf of, and is either received by means of computer processing of communications or by electronic transmission, from a subscriber or customer of the service; and
(B) Solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of those communications for purposes of providing any services other than storage or computer processing.
(b) A person or entity may divulge the contents of a communication:

(1) To an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;
(2) As otherwise authorized by a court order or search warrant;
(3) With the lawful consent of the originator, addressee, or intended recipient of the communication, or the subscriber in the case of a remote computing service;
(4) To a person employed or authorized or whose facilities are used to forward the communication to its destination;
(5) As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or
(6) To a law enforcement agency, if the contents:

(A) Were inadvertently obtained by the service provider; and
(B) Appear to pertain to the commission of a crime.
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