Montana Code 46-5-614. Voluntary disclosure of electronic communications
46-5-614. Voluntary disclosure of electronic communications. Nothing in this part prohibits the voluntary disclosure of electronic communication information by a provider of an electronic communication service or any other entity when the disclosure is not otherwise prohibited by law, including but not limited to when:
Terms Used In Montana Code 46-5-614
- 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. See Montana Code 46-5-601
- 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. See Montana Code 46-5-601
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(1)the provider first obtains the lawful consent of the subscriber or customer, the originator, an addressee, or the intended recipient of the electronic communication; or
(2)the provider, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires disclosure without delay of communications relating to the emergency.