Subdivision 1.Applicability.

The terms in this section apply to sections 626A.35 to 626A.39.

Subd. 2.Wire communication; electronic communication; electronic communication service.

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Terms Used In Minnesota Statutes 626A.39

  • Electronic communication: means 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 photooptical system but does not include:

    (1) a wire or oral communication;

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

    (3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01

  • Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Minnesota Statutes 626A.01
  • Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
  • Wire communication: includes any electronic storage of the communication. See Minnesota Statutes 626A.01

The terms “wire communication,” “electronic communication,” and “electronic communication service” have the meanings set forth for the terms in section 626A.01.

Subd. 3.Pen register.

“Pen register” means a device that records or decodes electronic or other impulses that identify the number dialed or otherwise transmitted on the telephone line to which the device is attached, but the term does not include a device used by a provider or customer of a wire or electronic communications service for billing, or recording as an incident to billing, for communications services provided by the provider or a device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

Subd. 4.Trap and trace device.

“Trap and trace device” means a device which 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.

Subd. 5.Mobile tracking device.

“Mobile tracking device” means an electronic or mechanical device that permits the tracking of the movement of a person or object.