48 Questions
What is the main provision of 934.03(1) regarding wire, oral, or electronic communications?
It prohibits interception of communications except as otherwise specifically provided.
Under what condition is it a violation of 934.03(1) to use a device to intercept oral communication?
If the device transmits a signal through a wire or cable.
What is the consequence of intentionally disclosing the contents of a wire, oral, or electronic communication?
It is a violation of 934.03(1) if the information was obtained through illegal interception.
What is the exception to the general rule against interception of wire, oral, or electronic communications?
Interception as specifically provided in this chapter.
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.
What is the purpose of 934.03(1)(a)?
To prohibit interception of communications except as otherwise specifically provided.
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.
What is the relation between 934.03 and 934.07?
934.07 is an exception to the general rule of 934.03.
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)
Under what circumstances can an operator of a switchboard intercept a communication?
In the normal course of their employment
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
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
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
What is the purpose of the monitoring responsibilities exercised by the Federal Communications Commission?
To enforce 47 U.S.C. chapter 5
Under what circumstances can a provider of wire communication service utilize service observing or random monitoring?
Only for mechanical or service quality control checks
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
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
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
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.
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
What is the purpose of an employee of a telephone company intercepting a wire communication?
To trace the origin of the communication
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
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
Who is allowed to intercept and record incoming wire communications?
An employee of an ambulance service, a fire station, or a public utility
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
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
What is the consequence of intercepting a wire, oral, or electronic communication for the purpose of committing any criminal act?
It is unlawful
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Who is authorized to intercept wire or electronic communications of a computer trespasser?
A person acting under color of law
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
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
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
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
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
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
This quiz covers the laws and regulations surrounding the interception and disclosure of wire, oral, or electronic communications, including penalties and exceptions.
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