Terms Used In Hawaii Revised Statutes > Chapter 803 > Part IV - Electronic Eavesdropping

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Aggrieved person: means a person who was party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed. See Hawaii Revised Statutes 803-41
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Aural transfer: means a transfer containing the human voice at any point between and including the point of origin and the point of reception. See Hawaii Revised Statutes 803-41
• Communication common carrier: means any person engaged as a common carrier for hire in interstate or foreign communication by wire or radio or in intrastate, interstate, or foreign radio transmission of energy, except where reference is made to communication common carriers not subject to this part; provided that a person engaged in radio broadcasting, to the extent the person is so engaged, shall not be deemed a communication common carrier. See Hawaii Revised Statutes 803-41
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contents: when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication. See Hawaii Revised Statutes 803-41
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Designated judge: means a circuit court judge designated by the chief justice of the Hawaii supreme court to issue orders under this part. See Hawaii Revised Statutes 803-41
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• electronic communication: includes , but is not limited to, "display pagers" which can display [a] visual message as part of the paging process, but does not include:

  (1) Any wire or oral communication;

  (2) Any communication made through a tone-only paging device;

  (3) Any communication from a tracking device; or

  (4) Electronic funds transfer information stored by [a] financial institution in a communications system used for the electronic storage and transfer of funds. See Hawaii Revised Statutes 803-41

• Electronic communication service: means any service that provides to users thereof the ability to send or receive wire or electronic communications. See Hawaii Revised Statutes 803-41
• Electronic communication system: means any wire, radio, electromagnetic, photo-optical, or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of these communications. See Hawaii Revised Statutes 803-41
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic storage: means :

  (1) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and

  (2) Any storage of the communication by an electronic communication service for purposes of backup protection of the communication. See Hawaii Revised Statutes 803-41

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Hawaii Revised Statutes 803-41
• Investigative or law enforcement officer: means any officer of the State or political subdivision thereof, who is empowered by the law of this State to conduct investigations of or to make arrests for offenses enumerated in this part. See Hawaii Revised Statutes 803-41
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Juror: A person who is on the jury.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Oath: A promise to tell the truth.
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Oral communication: means any utterance by a person exhibiting an expectation that the utterance is not subject to interception under circumstances justifying that expectation, but the term does not include any electronic communication. See Hawaii Revised Statutes 803-41
• Organized crime: means any combination or conspiracy to engage in criminal activity. See Hawaii Revised Statutes 803-41
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or cellular network to which the device is connected, or that identifies the numbers that a device uses to connect to a wire or electronic communications service, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business. See Hawaii Revised Statutes 803-41
• Person: means any official, employee, or agent of the United States or this State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Hawaii Revised Statutes 803-41
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Readily accessible to the general public: means , with respect to radio communication, that the communication is not:

  (1) Scrambled or encrypted;

  (2) Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;

  (3) Carried on a subcarrier or other signal subsidiary to a radio transmission;

  (4) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; or

  (5) Transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Hawaii Revised Statutes 803-41

• Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communication system. See Hawaii Revised Statutes 803-41
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tracking device: means an electronic or mechanical device that permits the tracking of the movement of a person or object, but does not include a device when installed:

  (1) In a motor vehicle or other vehicle by or with the permission of the owner or person in lawful possession of the motor vehicle or other vehicle for the purpose of tracking the movement of the motor vehicle or other vehicle; or

  (2) By or at the request of a police department or law enforcement agency in a "bait vehicle". See Hawaii Revised Statutes 803-41

• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trap and trace device: means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See Hawaii Revised Statutes 803-41
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• User: means any person or entity that:

  (1) Uses an electronic communication service; and

  (2) Is duly authorized by the provider of the service to engage in such use. See Hawaii Revised Statutes 803-41

• wire communication: includes , but is not limited to, cellular telephones, cordless telephones, "tone and voice" pagers which transmit a voice message along with a paging signal, and any electronic storage of a wire communication. See Hawaii Revised Statutes 803-41