Page:United States Statutes at Large Volume 100 Part 3.djvu/41

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-508—OCT. 21, 1986

100 STAT. 1849

nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but does not include— "(A) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit; "(B) any wire or oral communication; "(C) any communication made through a tone-only paging device; or "(D) any communication from a tracking device (as defined in section 3117 of this title); 18 USC 3117. "(13) 'user' means any person or entity who— "(A) uses an electronic communication service; and "(B) is duly authorized by the provider of such service to engage in such use; "(14) 'electronic communications system' means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications; "(15) 'electronic communication service' means any service which provides to users thereof the ability to send or receive wire or electronic communications; 4.'? ^ "(16) 'readily accessible to the general public' means, with respect to a radio communication, that such 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 such communication; "(C) carried on a subcarrier or other signal subsidiary to a radio transmission; "(D) transmitted over a communication 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, 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; "(17) 'electronic storage' means—

"(A) any temporary, intermediate storage of a wire or , -, electronic communication incidental to the electronic transmission thereof; and "(B) any storage of such communication by an electronic communication service for purposes of backup protection of such communication; and "(18) 'aural transfer' means a transfer containing the human voice at any point between and including the point of origin and the point of reception.", (b) EXCEPTIONS WITH RESPECT TO ELECTRONIC COMMUNICATIONS.—

(1) Section 2511(2)(a)(ii) of title 18, United States Code, is amended—