Chapter 23b Access to Electronic Communications


-23b-3 Revealing stored electronic communication -- Prohibitions -- Penalties



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77-23b-3 Revealing stored electronic communication -- Prohibitions -- Penalties.

(1) Except under Subsection (2):

(a) the person or entity providing an electronic communications service to the public may not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and

(b) a person or entity providing a remote computing service to the public may not knowingly divulge to any person or entity the contents of any communication that is carried or maintained on that service:

(i) on behalf of and received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from a subscriber or customer of the service; and

(ii) solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of any communications for the purpose of providing any services other than storage or computer processing.

(2) A person or entity may divulge the contents of a communication:

(a) to an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;

(b) as otherwise authorized under Section 77-23a-4, 77-23a-8, or 77-23b-4;

(c) with the lawful consent of the originator or addressee or intended recipient of the communication, or the subscriber in the case of remote computing service;

(d) to a person employed or authorized, or whose facilities are used to forward the communication to its destination;

(e) as may be necessarily incident to the rendition of the service or the protection of the rights or property of the provider of that service; or

(f) to a law enforcement agency, if the contents:

(i) were inadvertently obtained by the service provider; and

(ii) appear to pertain to the commission of a criminal offense.


Amended by Chapter 122, 1989 General Session




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