Terms Used In Montana Code > Title 46 > Chapter 5 > Part 6 - Electronic Communications

• Contents: means any information concerning the substance, purport, or meaning of a communication. See Montana Code 46-5-601
• Contract: A legal written agreement that becomes binding when signed.
• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• 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

• 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.
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Search warrant: means an order that is:

  (a)in writing;

  (b)in the name of the state;

  (c)signed by a judge;

  (d)a particular description of the place, object, or person to be searched and the evidence, contraband, or person to be seized; and

  (e)directed to a peace officer and commands the peace officer to search for evidence, contraband, or persons. See Montana Code 46-1-202

• 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.
• Subscriber record: means a record of or information about an electronic communication service or remote computing service that reveals the subscriber's or customer's:

  (i)name;

  (ii)address;

  (iii)local and long-distance telephone connection record or record of session time and duration;

  (iv)length of service, including start date;

  (v)type of service used;

  (vi)telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; and

  (vii)means and source of payment for the service. See Montana Code 46-5-601

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Writing: includes printing. See Montana Code 1-1-203