J385: Communication Law Home Page

Tape Recording in the State of Oregon


Telephone Taping: 1(a)

  • Cordless Telephone - expectation of privacy, see
    State v. Carston
    , 133 Or App 494, 891 P2d 1366 (1995):
  • Person using cordless telephone for private conversation is broadcasting
    conversation for general use of public and assumes risk conversation will be
    intercepted.

    Private Meetings: 1(c)



    ORS @ 165.540 (1995)

    165.540. Obtaining contents of communications.


    (1) Except as otherwise provided in ORS 133.724 or subsections (2) to (7) of
    this section, no person shall:

    (a) Obtain or attempt to obtain the whole or any part of a telecommunication
    or a radio communication
    to which such person is not a participant, by means of
    any device, contrivance, machine or apparatus, whether electrical, mechanical,
    manual or otherwise, unless consent is given by at least one participant.

    (b) Tamper with the wires, connections, boxes, fuses, circuits, lines or any
    other equipment or facilities of a telecommunication or radio communication
    company over which messages are transmitted, with the intent to obtain
    unlawfully the contents of a telecommunication or radio communication to which
    such person is not a participant.

    (c) Obtain or attempt to obtain the whole or any part of a conversation by
    means of any device, contrivance, machine or apparatus, whether electrical,
    mechanical, manual or otherwise, if all participants in the conversation are
    not
    specifically informed that their conversation is being obtained.

    (d) Obtain the whole or any part of a conversation, telecommunication or
    radio communication from any person, while knowing or having good reason to
    believe that such conversation, telecommunication or radio communication was
    initially obtained in a manner prohibited by this section.

    (e) Use or attempt to use, or divulge to others any conversation,
    telecommunication or radio communication obtained by any means prohibited by
    this section.

    (2)(a) The prohibitions in subsection (1)(a), (b) and (c) of this section
    shall not apply to officers, employees or agents of a telecommunication or radio
    communication company who perform the acts prohibited by subsection (1)(a), (b)
    and (c) of this section for the purpose of construction, maintenance or
    conducting of their telecommunication or radio communication service, facilities
    or equipment; nor shall such prohibitions apply to public officials in charge of
    and at jails, police premises, sheriffs' offices, Department of Corrections
    institutions and other penal or correctional institutions, except as to
    communications or conversations between an attorney and the client of the
    attorney.

    (b) Officers, employees or agents of a telecommunication or radio
    communication company who obtain information under paragraph (a) of this
    subsection shall not use or attempt to use, or divulge to others such
    information except for the purpose of construction, maintenance, or conducting
    of their telecommunication or radio communication service, facilities or
    equipment.

    (3) The prohibitions in subsection (1)(a), (b) or (c) of this section shall
    not apply to subscribers or members of their family who perform the acts
    prohibited in subsection (1) of this section in their homes.

    (4) The prohibitions in subsection (1)(a) of this section do not apply to the
    receiving or obtaining of the contents of any radio or television broadcast
    transmitted for the use of the general public.

    .......

    (9) Violation of subsection (1) of this section, subsection (2)(b) or
    subsection (5)(b) or (c) of this section is a Class A misdemeanor.

    HISTORY: 1955 c.675 @ 2.2,7; 1959 c.681 @ 2; 1961 c.460 @ 1; 1979 c.744 @ 9;
    1983 c.693 @ 1; 1983 c.740 @ 35; 1983 c.824 @ 1; 1987 c.320 @ 87; 1989 c.983 @
    14a; 1989 c.1078 @ 1

    NOTES:

    CROSS-REFERENCES:
    Emergency telephone calls, 166.095
    Interception of communications, 133.721 to 133.739

     

    School of Journalism and Communication