§ 250.00 Eavesdropping; definitions of terms.
The following definitions are applicable to this article:
1. "Wiretapping" means the intentional overhearing or recording of a
telephonic or telegraphic communication by a person other than a sender or
receiver thereof, without the consent of either the sender or receiver, by
means of any instrument, device or equipment. The normal operation of a
telephone or telegraph corporation and the normal use of the services and
facilities furnished by such corporation pursuant to its tariffs or
necessary to protect the rights or property of said corporation shall not
be deemed "wiretapping."
2. "Mechanical overhearing of a conversation" means the intentional
overhearing or recording of a conversation or discussion, without the
consent of at least one party thereto, by a person not present thereat, by
means of any instrument, device or equipment.
3. "Telephonic communication" means any aural transfer made in whole or
in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection between
the point of origin and the point of reception (including the use of such
connection in a switching station) furnished or operated by any person
engaged in providing or operating such facilities for the transmission of
communications and such term includes any electronic storage of such
communications.
4. "Aural transfer" means a transfer containing the human voice at any
point between and including the point of origin and the point of reception.
5. "Electronic communication" means any 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
photo-optical system, but does not include:
(a) any telephonic or telegraphic communication; or
(b) any communication made through a tone only paging device; or
(c) any communication made through a tracking device consisting of an
electronic or mechanical device which permits the tracking of the movement
of a person or object; or
(d) any communication that is disseminated by the sender through a method
of transmission that is configured so that such communication is readily
accessible to the general public.
6. "Intercepting or accessing of an electronic communication" and
"intentionally intercepted or accessed" mean the intentional acquiring,
receiving, collecting, overhearing, or recording of an electronic
communication, without the consent of the sender or intended receiver
thereof, by means of any instrument, device or equipment, except when used
by a telephone company in the ordinary course of its business or when
necessary to protect the rights or property of such company.
7. "Electronic communication service" means any service which provides to
users thereof the ability to send or receive wire or electronic
communications.
8. "Unlawfully" means not specifically authorized pursuant to article
seven hundred or seven hundred five of the criminal procedure law for
the purposes of this section and sections 250.05, 250.10, 250.15,
250.20, 250.25, 250.30 and 250.35 of this article.
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