DETECTION, INTERCEPTION, AND USE OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS
More of the official Texas language around interception of electronic communication. Part 1 is here.
Intercept
means the aural or other acquisition of the contents of a wire, oral, or electronic communication through the use of an interception device.
Interception device
an electronic, mechanical, or other device that may be used for the nonconsensual interception of wire, oral, or electronic communications. The term does not include a telephone or telegraph instrument, the equipment or a facility used for the transmission of electronic communications, or a component of the equipment or a facility used for the transmission of electronic communications if the instrument, equipment, facility, or component is:
– provided to a subscriber or user by a provider of a wire or electronic communications service in the ordinary course of the service provider’s business and used by the subscriber or user in the ordinary course of the subscriber’s or user’s business;
– provided by a subscriber or user for connection to the facilities of a wire or electronic communications service for use in the ordinary course of the subscriber’s or user’s business;
– used by a communication common carrier in the ordinary course of the carrier’s business; or
– used by an investigative or law enforcement officer in the ordinary course of the officer’s duties.
Interception order
an order authorizing the interception of a wire, oral, or electronic communication.
Oral communication
a communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation. The term does not include an electronic communication.
Protected computer
a computer, computer network, or computer system that is owned by a financial institution or governmental entity or used by or for a financial institution or governmental entity, if conduct constituting an offense affects that use.
Residence
a structure or the portion of a structure used as a person’s home or fixed place of habitation to which the person indicates an intent to return after a temporary absence.
User
a person who uses an electronic communications service and is authorized by the service provider to use the service.
Interception device
an electronic, mechanical, or other device that may be used for the nonconsensual interception of wire, oral, or electronic communications. The term does not include a telephone or telegraph instrument, the equipment or a facility used for the transmission of electronic communications, or a component of the equipment or a facility used for the transmission of electronic communications if the instrument, equipment, facility, or component is:
– provided to a subscriber or user by a provider of a wire or electronic communications service in the ordinary course of the service provider’s business and used by the subscriber or user in the ordinary course of the subscriber’s or user’s business;
– provided by a subscriber or user for connection to the facilities of a wire or electronic communications service for use in the ordinary course of the subscriber’s or user’s business;
– used by a communication common carrier in the ordinary course of the carrier’s business; or
– used by an investigative or law enforcement officer in the ordinary course of the officer’s duties.
Interception order
an order authorizing the interception of a wire, oral, or electronic communication.
Oral communication
a communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation. The term does not include an electronic communication.
Protected computer
a computer, computer network, or computer system that is owned by a financial institution or governmental entity or used by or for a financial institution or governmental entity, if conduct constituting an offense affects that use.
Residence
a structure or the portion of a structure used as a person’s home or fixed place of habitation to which the person indicates an intent to return after a temporary absence.
User
a person who uses an electronic communications service and is authorized by the service provider to use the service.
Wire communication
an aural transfer made wholly or partly 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 the use of the connection in a switching station, if those facilities are provided or operated by a person authorized to provide or operate the facilities for the transmission of communications as a communication common carrier.
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