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