77-23b-3 - Revealing stored electronic communication -- Prohibitions -- Penalties.
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 maynot knowingly divulge to any person or entity the contents of a communication while in electronicstorage by that service; and
(b) a person or entity providing a remote computing service to the public may notknowingly divulge to any person or entity the contents of any communication that is carried ormaintained on that service:
(i) on behalf of and received by means of electronic transmission from or created bymeans of computer processing of communications received by means of electronic transmissionfrom a subscriber or customer of the service; and
(ii) solely for the purpose of providing storage or computer processing services to thesubscriber or customer, if the provider is not authorized to access the contents of anycommunications for the purpose of providing any services other than storage or computerprocessing.
(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 theaddressee 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 thecommunication, or the subscriber in the case of remote computing service;
(d) to a person employed or authorized, or whose facilities are used to forward thecommunication to its destination;
(e) as may be necessarily incident to the rendition of the service or the protection of therights 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