N.Y. Penal Law § 250.00: Eavesdropping; definitions of terms

§ 250.00 Eavesdropping; definitions of terms.

The following definitions are applicable to this article:

1. "Wiretapping" means the intentional overhearing or recording of a

telephonic or telegraphic communication by a person other than a sender

or receiver thereof, without the consent of either the sender or

receiver, by means of any instrument, device or equipment. The normal

operation of a telephone or telegraph corporation and the normal use of

the services and facilities furnished by such corporation pursuant to

its tariffs or necessary to protect the rights or property of said

corporation shall not be deemed "wiretapping."

2. "Mechanical overhearing of a conversation" means the intentional

overhearing or recording of a conversation or discussion, without the

consent of at least one party thereto, by a person not present thereat,

by means of any instrument, device or equipment.

3. "Telephonic communication" means any aural transfer made in whole

or in part through the use of facilities for the transmission of

communications by the aid of wire, cable or other like connection

between the point of origin and the point of reception (including the

use of such connection in a switching station) furnished or operated by

any person engaged in providing or operating such facilities for the

transmission of communications and such term includes any electronic

storage of such communications.

4. "Aural transfer" means a transfer containing the human voice at any

point between and including the point of origin and the point of

reception.

5. "Electronic communication" means any transfer of signs, signals,

writing, images, sounds, data, or intelligence of any nature transmitted

in whole or in part by a wire, radio, electromagnetic, photoelectronic

or photo-optical system, but does not include:

(a) any telephonic or telegraphic communication; or

(b) any communication made through a tone only paging device; or

(c) any communication made through a tracking device consisting of an

electronic or mechanical device which permits the tracking of the

movement of a person or object; or

(d) any communication that is disseminated by the sender through a

method of transmission that is configured so that such communication is

readily accessible to the general public.

6. "Intercepting or accessing of an electronic communication" and

"intentionally intercepted or accessed" mean the intentional acquiring,

receiving, collecting, overhearing, or recording of an electronic

communication, without the consent of the sender or intended receiver

thereof, by means of any instrument, device or equipment, except when

used by a telephone company in the ordinary course of its business or

when necessary to protect the rights or property of such company.

7. "Electronic communication service" means any service which provides

to users thereof the ability to send or receive wire or electronic

communications.

8. "Unlawfully" means not specifically authorized pursuant to article

seven hundred or seven hundred five of the criminal procedure law for

the purposes of this section and sections 250.05, 250.10, 250.15,

250.20, 250.25, 250.30 and 250.35 of this article.