Security of Communications FSS 934.03

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Questions and Answers

What is the main provision of 934.03(1) regarding wire, oral, or electronic communications?

It allows interception of communications for national security purposes.

It exempts government agencies from interception laws.

It permits disclosure of communication contents to law enforcement agencies.

It prohibits interception of communications except as otherwise specifically provided. (correct)

Under what condition is it a violation of 934.03(1) to use a device to intercept oral communication?

If the device is used in a public place.

If the device is used with the consent of one party to the communication.

If the device is used by a law enforcement officer.

If the device transmits a signal through a wire or cable. (correct)

What is the consequence of intentionally disclosing the contents of a wire, oral, or electronic communication?

It is permitted under 934.03(1) if done with the consent of all parties.

It is a civil offense subject to damages and injunctions.

It is a violation of 934.03(1) if the information was obtained through illegal interception. (correct)

It is a criminal offense punishable by fine or imprisonment.

What is the exception to the general rule against interception of wire, oral, or electronic communications?

Interception as specifically provided in this chapter. Signup and view all the answers

What is the penalty for intentionally using the contents of an illegally intercepted communication?

Violation of 934.03(1) with potential civil and criminal liability. Signup and view all the answers

What is the purpose of 934.03(1)(a)?

To prohibit interception of communications except as otherwise specifically provided. Signup and view all the answers

What is the condition under which intentionally disclosing the contents of a wire, oral, or electronic communication is a violation?

If the information was obtained through illegal interception. Signup and view all the answers

What is the relation between 934.03 and 934.07?

934.07 is an exception to the general rule of 934.03. Signup and view all the answers

What is the penalty for a person who knowingly obtains or receives information in connection with a criminal investigation and intends to obstruct it?

Will be punished as provided in subsection (4) Signup and view all the answers

Under what circumstances can an operator of a switchboard intercept a communication?

In the normal course of their employment Signup and view all the answers

What is required for a provider of wire, oral, or electronic communication service to provide information, facilities, or technical assistance?

A court order directing such assistance Signup and view all the answers

What is the consequence for a provider of wire, oral, or electronic communication service who discloses the existence of an interception?

Liable for civil damages under s. 934.10 Signup and view all the answers

Who is exempt from liability for providing information, facilities, or technical assistance in accordance with a court order?

Providers of wire, oral, or electronic communication service, officers, employees, or agents thereof, or landlords, custodians, or other persons Signup and view all the answers

What is the purpose of the monitoring responsibilities exercised by the Federal Communications Commission?

To enforce 47 U.S.C. chapter 5 Signup and view all the answers

Under what circumstances can a provider of wire communication service utilize service observing or random monitoring?

Only for mechanical or service quality control checks Signup and view all the answers

What is required for a person specified in s. 934.09(7) to provide a certification?

A certification that no warrant or court order is required by law Signup and view all the answers

What is the consequence for a person who discloses the existence of an interception without prior notice to the Governor, the Attorney General, the statewide prosecutor, or a state attorney?

Both liable for civil damages and prosecuted Signup and view all the answers

What is lawful for an officer, employee, or agent of the Federal Communications Commission to do in the normal course of their employment?

Intercept a wire, oral, or electronic communication transmitted by radio Signup and view all the answers

Under which circumstance is it lawful to intercept a wire, oral, or electronic communication?

When the purpose of the interception is to obtain evidence of a criminal act and one of the parties to the communication has given prior consent. Signup and view all the answers

Who is allowed to intercept a wire communication for the purpose of tracing the origin of the communication?

Only an employee of a telephone company who has been requested by the recipient of the communication Signup and view all the answers

What is the purpose of an employee of a telephone company intercepting a wire communication?

To trace the origin of the communication Signup and view all the answers

What is the requirement for an employee of an ambulance service or a fire station to intercept a wire communication?

The employee must intercept the communication on designated '911' telephone numbers Signup and view all the answers

What is excepted from the application of s. 705(a) of the Communications Act of 1934?

Conduct that is excepted by s. 705(b) of the Communications Act of 1934 Signup and view all the answers

Who is allowed to intercept and record incoming wire communications?

An employee of an ambulance service, a fire station, or a public utility Signup and view all the answers

What is the definition of a 'public utility' in this context?

A person, partnership, association, or corporation owning or operating equipment or facilities for conveying messages or communications Signup and view all the answers

What is not unlawful under this section and ss. 934.04-934.09?

To access an electronic communication system that is configured so that the communication is readily accessible to the general public Signup and view all the answers

What is the consequence of intercepting a wire, oral, or electronic communication for the purpose of committing any criminal act?

It is unlawful Signup and view all the answers

Who is not allowed to intercept a wire, oral, or electronic communication?

Any person who is not a party to the communication and does not have prior consent Signup and view all the answers

Under what circumstances may a recording authorized under this paragraph be provided to a law enforcement agency?

Only for the purpose of evidencing a violation of an injunction or court order Signup and view all the answers

What is the general rule regarding divulging the contents of a communication while in transmission on an electronic communication service?

The contents may not be divulged to anyone except the addressee or intended recipient Signup and view all the answers

When may a person or entity providing electronic communication service to the public divulge the contents of a communication?

In all of the above circumstances Signup and view all the answers

What is the punishment for violating subsection (1) if it is a first offense and not for any tortious or illegal purpose?

A misdemeanor of the first degree Signup and view all the answers

What is the punishment for violating subsection (1) if it is a first offense and the communication is the radio portion of a cellular telephone communication?

A misdemeanor of the second degree Signup and view all the answers

What is the purpose of allowing a recording to be provided to a law enforcement agency?

To evidence a violation of an injunction or court order Signup and view all the answers

When may a person or entity providing electronic communication service to the public divulge the contents of a communication to a law enforcement agency?

In any of the above circumstances Signup and view all the answers

What is the general rule regarding the divulgence of communication contents by a person or entity providing electronic communication service to the public?

The contents may not be divulged to anyone except the addressee or intended recipient Signup and view all the answers

What is the exception to the general rule regarding divulging communication contents if the service provider inadvertently obtains a communication that appears to pertain to the commission of a crime?

The service provider may divulge the communication to a law enforcement agency Signup and view all the answers

What is the punishment for violating subsection (1) if it is a first offense and the communication is not a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public?

A misdemeanor of the first degree Signup and view all the answers

Under which condition is it lawful to intercept a wire or electronic communication that is causing harmful interference to a lawfully operating station?

To the extent necessary to identify the source of the interference Signup and view all the answers

Which of the following is not a lawful interception of a wire or electronic communication?

To intercept a satellite transmission that is scrambled or encrypted Signup and view all the answers

Under what circumstance is a child under 18 years of age allowed to intercept and record an oral communication?

If the child is a party to the communication and has reasonable grounds to believe that recording the communication will capture a statement by another party to the communication that the other party intends to commit an unlawful act Signup and view all the answers

What is the purpose of intercepting a wire or electronic communication that is causing harmful interference to a lawfully operating station?

To identify the source of the interference Signup and view all the answers

Who is authorized to intercept wire or electronic communications of a computer trespasser?

A person acting under color of law Signup and view all the answers

What is the condition for a person acting under color of law to intercept wire or electronic communications of a computer trespasser?

The owner or operator of the protected computer authorizes the interception Signup and view all the answers

Who is protected under an active temporary or final injunction for repeat violence, sexual violence, or dating violence?

A person who is a victim of domestic violence Signup and view all the answers

What is the purpose of intercepting wire or electronic communications of a person who is protected under an active temporary or final injunction for repeat violence, sexual violence, or dating violence?

To protect the person who is protected under the injunction Signup and view all the answers

What is the requirement for a person to intercept wire or electronic communications of a computer trespasser?

The person must have reasonable grounds to believe that the contents of the communications will be relevant to the investigation Signup and view all the answers

What is the exception to the general rule of unauthorized interception of wire or electronic communications?

To intercept a communication that is causing harmful interference to a lawfully operating station Signup and view all the answers

Study Notes

Interception and Disclosure of Wire, Oral, or Electronic Communications

Prohibited actions:
- Intentionally intercepting, endeavoring to intercept, or procuring any other person to intercept or endeavor to intercept any wire, oral, or electronic communication
- Intentionally using, endeavoring to use, or procuring any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication
- Intentionally disclosing, or endeavoring to disclose, to any other person the contents of any wire, oral, or electronic communication
- Intentionally using, or endeavoring to use, the contents of any wire, oral, or electronic communication

Lawful Interceptions

Permitted interceptions:
- By an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service
- By an officer, employee, or agent of the Federal Communications Commission
- By an investigative or law enforcement officer or a person acting under the direction of an investigative or law enforcement officer
- By a person to intercept a wire, oral, or electronic communication when all parties to the communication have given prior consent
- By an employee of a telephone company to trace the origin of a communication when the recipient alleges it is obscene, harassing, or threatening

Exceptions

It is not unlawful to:
- Intercept or access an electronic communication made through an electronic communication system that is configured to be readily accessible to the general public
- Intercept any radio communication transmitted by certain stations or systems
- Engage in certain conduct prohibited by the Communications Act of 1934
- Intercept a wire or electronic communication to identify the source of harmful interference
- Use a pen register or trap and trace device as authorized under law
- Record the fact that a wire or electronic communication was initiated or completed to protect against fraudulent use
- Intercept the wire or electronic communications of a computer trespasser with authorization from the owner or operator of the protected computer
- Intercept and record an oral communication by a child under 18 years of age if it will capture a statement by another party that the other party intends to commit an unlawful act
- Intercept and record a wire, oral, or electronic communication received in violation of a court-ordered injunction or prohibition of conduct

Penalties

Violation of interception or disclosure prohibitions is a felony of the third degree, punishable as provided in relevant statutes
First-time offenses may be punishable as a misdemeanor of the first or second degree under certain circumstances

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Description

This quiz covers the laws and regulations surrounding the interception and disclosure of wire, oral, or electronic communications, including penalties and exceptions.