5-37-401. Definitions.

5-37-401. Definitions. As used in this subchapter: (1) “Communication device” means: (A) Any type of electronic mechanism, transmission line or connection and an appurtenance to a transmission line or connection, instrument, device, machine, equipment, technology, or software that is capable of intercepting, transmitting, retransmitting, acquiring, decrypting, or receiving any communication service or functionality, including the receipt, acquisition, interception, transmission, retransmission, or decryption of communication service provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, Internet-based, or wireless distribution network, system, or facility; and (B) Any component of the communication device, including any electronic serial number, mobile identification number, personal identification number, computer circuit, splitter, connectors, switches, transmission hardware, security module, smart card, software, computer chip, or electronic mechanism or any component, accessory, or part of any communication device that is capable of facilitating the interception, transmission, retransmission, decryption, acquisition, or reception of any communication service or functionality; (2) “Communication service” means: (A) Any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission, or reception of a sign, signal, data, writing, image, sound, or intelligence of any nature by telephone, including a cellular or other wireless telephone, wire, wireless, radio, electromagnetic, photoelectronic, or photo optical system, network, or facility; and (B) Any service lawfully provided for a charge or compensation by any cable television, radio, fiber optic, photo optical, electromagnetic, photoelectric, photoelectronic, satellite, microwave, data transmission, wireless, or Internet-based distribution system, network, or facility, including, but not limited to, any electronic, data, video, audio, Internet access, telephonic, microwave, or radio communication, transmission, signal, or service and any communication, transmission, signal, or services lawfully provided, directly or indirectly, by or through any system, network, or facility described in this subdivision (2)(B); (3) “Communication service provider” means any person or entity: (A) Owning or operating any cable television, fiber optic, photo optical, electromagnetic, photoelectric, photoelectronic, satellite, Internet-based, telephone, wireless, microwave, data transmission, or radio distribution system, network, or facility; (B) Providing a communication service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging, or other wireless communications company, or other person or entity that for a fee supplies the facility, cell site, mobile telephone switching office, or other equipment or communication service; and (C) Providing any communication service, directly or indirectly, by or through any distribution system, network, or facility described in this subdivision (3); (4) “Manufacture, assembly, or development of a communication device” means to make, produce, develop, or assemble a communication device, or to knowingly assist another to make, produce, develop, or assemble a communication device; (5) “Manufacture, assembly, or development of an unlawful access device” means to make, develop, produce, or assemble an unlawful access device or to modify, alter, program, or reprogram any instrument, device, machine, equipment, technology, or software for the purpose of defeating or circumventing any effective technology, device, or software used by the provider, owner, or licensee of a communication service, or of any data, audio, or video program or transmission, to protect any such communication, data, audio, or video service, program, or transmission from unauthorized receipt, interception, acquisition, access, decryption, disclosure, communication, transmission, or retransmission, or to knowingly assist another in an activity described in this subdivision (5); (6) “Multipurpose device” means any communication device that is capable of more than one (1) function and includes any component of the communication device; and (7) “Unlawful access device” means any type of instrument, device, machine, equipment, technology, or software that is primarily designed, developed, assembled, manufactured, sold, distributed, possessed, used, offered, promoted, or advertised for the purpose of defeating or circumventing any effective technology, device, or software, or any component or part of an effective technology, device, or software used by the provider, owner, or licensee of any communication service or of any data, audio, or video program or transmission, to protect any communication, data, audio, or video service, program, or transmission from unauthorized receipt, acquisition, interception, access, decryption, disclosure, communication, transmission, or retransmission.