Sections
§ 8101 Definitions
§ 8102 Limitations on compelled production of electronic information
§ 8103 Notice to user or subscriber
§ 8104 Exclusive remedies for a violation of this chapter
§ 8105 Execution of warrant for information kept by service provider
§ 8106 Service provider’s response to warrant
§ 8107 Criminal process issued by Vermont court; reciprocity
§ 8108 Real time interception of information prohibited

Terms Used In Vermont Statutes > Title 13 > Chapter 232 - Vermont Electronic Communication Privacy Act

  • Adverse result: means :

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Electronic communication: means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, a radio, electromagnetic, photoelectric, or photo-optical system. See
  • Electronic communication service: means a service that provides to its subscribers or users the ability to send or receive electronic communications, including a service that acts as an intermediary in the transmission of electronic communications, or stores protected user information. See
  • Electronic device: means a device that stores, generates, or transmits information in electronic form. See
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Government entity: means a department or agency of the State or a political subdivision thereof, or an individual acting for or on behalf of the State or a political subdivision thereof. See
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement officer: means :

  • Lawful user: means a person or entity who lawfully subscribes to or uses an electronic communication service, whether or not a fee is charged. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Protected user information: means electronic communication content, including the subject line of e-mails, cellular tower-based location data, GPS or GPS-derived location data, the contents of files entrusted by a user to an electronic communication service pursuant to a contractual relationship for the storage of the files whether or not a fee is charged, data memorializing the content of information accessed or viewed by a user, and any other data for which a reasonable expectation of privacy exists. See
  • Service provider: means a person or entity offering an electronic communication service. See
  • Specific consent: means consent provided directly to the government entity seeking information, including when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber information: means the name, names of additional account users, account number, billing address, physical address, e-mail address, telephone number, payment method, record of services used, and record of duration of service provided or kept by a service provider regarding a user or account. See
  • sworn: shall include affirmed. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.