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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 13 : Crimes and Criminal Procedure

Chapter 232 : VERMONT ELECTRONIC COMMUNICATION PRIVACY ACT

(Cite as: 13 V.S.A. § 8101)
  • § 8101. Definitions

    As used in this chapter:

    (1) "Adverse result" means:

    (A) danger to the life or physical safety of an individual;

    (B) flight from prosecution;

    (C) destruction of or tampering with evidence;

    (D) intimidation of potential witnesses; or

    (E) serious jeopardy to an investigation or undue delay of a trial.

    (2) "Electronic communication" means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, a radio, electromagnetic, photoelectric, or photo-optical system.

    (3) "Electronic communication service" means a service that provides to its subscribers or users the ability to send or receive electronic communications, including a service that acts as an intermediary in the transmission of electronic communications, or stores protected user information.

    (4) "Electronic device" means a device that stores, generates, or transmits information in electronic form.

    (5) "Government entity" means a department or agency of the State or a political subdivision thereof, or an individual acting for or on behalf of the State or a political subdivision thereof.

    (6) "Law enforcement officer" means:

    (A) a law enforcement officer certified at Level II or Level III pursuant to 20 V.S.A. § 2358;

    (B) the Attorney General;

    (C) an Assistant Attorney General;

    (D) a State's Attorney; or

    (E) a Deputy State's Attorney

    (7) "Lawful user" means a person or entity who lawfully subscribes to or uses an electronic communication service, whether or not a fee is charged.

    (8) "Protected user information" means electronic communication content, including the subject line of e-mails, cellular tower-based location data, GPS or GPS-derived location data, the contents of files entrusted by a user to an electronic communication service pursuant to a contractual relationship for the storage of the files whether or not a fee is charged, data memorializing the content of information accessed or viewed by a user, and any other data for which a reasonable expectation of privacy exists.

    (9) "Service provider" means a person or entity offering an electronic communication service.

    (10) "Specific consent" means consent provided directly to the government entity seeking information, including when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. Specific consent does not require that the originator of a communication have actual knowledge that an addressee, intended recipient, or member of the specific audience is a government entity.

    (11) "Subscriber information" means the name, names of additional account users, account number, billing address, physical address, e-mail address, telephone number, payment method, record of services used, and record of duration of service provided or kept by a service provider regarding a user or account. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)