Montana Code 46-5-606. Rules of construction
46-5-606. Rules of construction. (1) Except as expressly provided, nothing in this part may be construed to limit an electronic communication service or any other party from disclosing information about a request issued by a governmental entity for electronic communication information.
Terms Used In Montana Code 46-5-606
- Contents: means any information concerning the substance, purport, or meaning of a communication. See Montana Code 46-5-601
- Electronic communication: means :
(i)any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or
(ii)any aural transfer made or stored in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station. See Montana Code 46-5-601
- Electronic communication service: means :
(a)a service that provides to users the ability to send or receive electronic communications;
(b)a service that provides to users computer storage or processing services; or
(c)a service that acts as an intermediary in the transmission of electronic communications. See Montana Code 46-5-601
- Governmental entity: means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Montana Code 46-5-601
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Subpoena: A command to a witness to appear and give testimony.
(2)Nothing in 46-5-602 and 46-5-605 may be construed to limit the authority of a governmental entity to use a subpoena authorized under the laws of this state to require an entity that provides electronic communication services to its own officers, directors, employees, or agents for the purpose of carrying out their duties to disclose to the governmental entity the contents of an electronic communication to or from an officer, director, employee, or agent of the entity if the electronic communication is held, stored, or maintained on an electronic communication service owned or operated by the entity.
(3)Nothing in this part may be construed to limit a governmental entity’s ability to use, maintain, or store information on its own electronic communication service or to disseminate information stored on its own electronic communication service.