WILLIAM DONALD SCHAEFER, Governor Ch. 607

WIRE, RADIO, ELECTROMAGNETIC, PHOTOELECTRONIC, OR PHOTOOPTICAL
SYSTEM.

(II) "ELECTRONIC COMMUNICATION" DOES NOT
INCLUDE:

1.  THE RADIO PORTION OF A CORDLESS
TELEPHONE COMMUNICATION THAT IS TRANSMITTED BETWEEN THE CORDLESS
TELEPHONE HANDSET AND THE BASE UNIT;

2.  ANY WIRE OR ORAL COMMUNICATION;

3.  ANY COMMUNICATION MADE THROUGH A
TONE-ONLY PAGING DEVICE; OR

4.  ANY COMMUNICATION FROM A TRACKING
DEVICE.

(12)  "USER" MEANS ANY PERSON OR ENTITY THAT:

(I)  USES AN ELECTRONIC COMMUNICATION SERVICE;
AND

(II)  IS DULY AUTHORIZED BY THE PROVIDER OF THE
SERVICE TO ENGAGE IN THAT USE.

(13)  "ELECTRONIC COMMUNICATIONS SYSTEM" MEANS ANY
WIRE, RADIO, ELECTOMAGNETIC, PHOTOOPTICAL, OR PHOTOELECTRONIC
FACILITIES FOR THE TRANSMISSION OF ELECTRONIC COMMUNICATIONS, AND
ANY COMPUTER FACILITIES OR RELATED ELECTRONIC EQUIPMENT FOR THE
ELECTRONIC STORAGE OF ELECTRONIC COMMUNICATIONS.

(14)  "ELECTRONIC COMMUNICATION SERVICE" MEANS ANY
SERVICE THAT PROVIDES TO USERS OF THE SERVICE THE ABILITY TO SEND
OR RECEIVE WIRE OR ELECTRONIC COMMUNICATIONS.

(15)  "READILY ACCESSIBLE TO THE GENERAL PUBLIC"
MEANS, WITH RESPECT TO A RADIO COMMUNICATION, THAT THE
COMMUNICATION IS NOT:

(I)  SCRAMBLED OR ENCRYPTED;

(II)  TRANSMITTED USING MODULATION TECHNIQUES
THE ESSENTIAL PARAMETERS OF WHICH HAVE BEEN WITHHELD FROM THE
PUBLIC WITH THE INTENTION OF PRESERVING THE PRIVACY OF THE
COMMUNICATION; OR

(III)  EXCEPT FOR TONE-ONLY PAGING DEVICE
COMMUNICATIONS, TRANSMITTED OVER FREQUENCIES RESERVED FOR PRIVATE
USE AND LICENSED FOR PRIVATE USE UNDER FEDERAL OR STATE LAW.

(16)  "ELECTRONIC STORAGE" MEANS:

- 4125 -