Montana Code 46-5-612. Standing to challenge warrant or investigative subpoena
46-5-612. Standing to challenge warrant or investigative subpoena. Providers of an electronic communication service subject to a warrant or other legal process under this part have standing to challenge a warrant or other legal process that is inconsistent with this part, any other statute or law, or the state or federal constitution.
Terms Used In Montana Code 46-5-612
- 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
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.