Browse Arkansas Code titles and sections
5-60-120. Interception and recording.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-60-120. Interception and recording.
(a) It is unlawful for a person to intercept a wire, landline, oral, telephonic communication, or wireless communication, and to record or possess a recording of the communication unless the person is a party to the communication or one (1) of the parties to the communication has given prior consent to the interception and recording.
(b) Any violation of this section is a Class A misdemeanor.
(c)(1) It is not unlawful for the act to be committed by a person acting under the color of law.
(2) It is an exception to the application of subsection (a) of this section that an officer, employee, or agent of a public telephone utility or company that is licensed by a federal or state agency to provide wire or wireless telecommunication service to the public provides information, facilities, or technical assistance to a person acting under the color of law to intercept a wire, wireless, oral, or telephonic communication.
(3) It is not unlawful under this section for an operator of a switchboard, or an officer, employee, or agent of any public telephone utility or telecommunications provider whose facilities are used in the transmission of a wire communication to intercept, disclose, or use that communication in the normal course of his or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the telecommunications provider or public telephone utility of the communication.
(d) The provisions of this section do not apply to a:
(1) Telecommunication service offered by a telecommunications provider or public telephone utility; or
(2) Federal Communications Commission licensed amateur radio operator.
(e) Nothing in this
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-60-120
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-60-120
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 393b685514cbfa49e2487ae5ee061c606209acbfc5407c872a39fb33e5cfd4a2
Source location: content.xml paragraph 21386
Stored source content
5-60-120. Interception and recording.
(a) It is unlawful for a person to intercept a wire, landline, oral, telephonic communication, or wireless communication, and to record or possess a recording of the communication unless the person is a party to the communication or one (1) of the parties to the communication has given prior consent to the interception and recording.
(b) Any violation of this section is a Class A misdemeanor.
(c)(1) It is not unlawful for the act to be committed by a person acting under the color of law.
(2) It is an exception to the application of subsection (a) of this section that an officer, employee, or agent of a public telephone utility or company that is licensed by a federal or state agency to provide wire or wireless telecommunication service to the public provides information, facilities, or technical assistance to a person acting under the color of law to intercept a wire, wireless, oral, or telephonic communication.
(3) It is not unlawful under this section for an operator of a switchboard, or an officer, employee, or agent of any public telephone utility or telecommunications provider whose facilities are used in the transmission of a wire communication to intercept, disclose, or use that communication in the normal course of his or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the telecommunications provider or public telephone utility of the communication.
(d) The provisions of this section do not apply to a:
(1) Telecommunication service offered by a telecommunications provider or public telephone utility; or
(2) Federal Communications Commission licensed amateur radio operator.
(e) Nothing in this section shall be interpreted to prohibit or restrict a Federal Communications Commission licensed amateur radio operator or anyone operating a police scanner from intercepting a communication for pleasure.
(f) Consistent with the provisions of 18 U.S.C. § 2703, as it existed on January 1, 2003, the issuance of a court order for disclosure of a customer communication or record to a governmental entity requiring the information as part of an ongoing criminal investigation is not prohibited by the laws of this state.
(g) Consistent with the provisions of 18 U.S.C. §§ 3122 — 3127, as they existed on January 1, 2003, the issuance of a court order authorizing or approving the installation and use of a pen register or a trap-and-trace device as part of an ongoing criminal investigation is not prohibited by the laws of this state.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents of Wire or Electronic Communications in Electronic Storage.—** A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section.
**(b) Contents of Wire or Electronic Communications in a Remote Computing Service.—**
(1) A governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection—
(A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Mili
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2703
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 2703. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 659
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2703
an Effective Date note under section 101 of Title 6, Do-
mestic Security.
EFFECTIVE DATE
Section effective 90 days after Oct. 21, 1986, and, in
the case of conduct pursuant to a court order or exten-
sion, applicable only with respect to court orders or ex-
tensions made after such effective date, see section 202
of Pub. L. 99–508, set out as a note under section 2701 of
this title.
§ 2703. Required disclosure of customer commu-
nications or records
(a) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS
IN ELECTRONIC STORAGE.—A govern-
mental entity may require the disclosure by a
provider of electronic communication service of
the contents of a wire or electronic communica-
tion, that is in electronic storage in an elec-
tronic communications system for one hundred
and eighty days or less, only pursuant to a war-
rant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the
case of a State court, issued using State warrant
procedures and, in the case of a court-martial or
other proceeding under chapter 47 of title 10 (the
Uniform Code of Military Justice), issued under
section 846 of that title, in accordance with reg-
ulations prescribed by the President) by a court
of competent jurisdiction. A governmental enti-
ty may require the disclosure by a provider of
electronic communications services of the con-
tents of a wire or electronic communication
that has been in electronic storage in an elec-
tronic communications system for more than
one hundred and eighty days by the means avail-
able under subsection (b) of this section.
(b) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN A REMOTE COMPUTING SERVICE.—(1)
A governmental entity may require a provider
of
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2703
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 2703. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application.—**
(1) An attorney for the Government may make application for an order or an extension of an order under [section 3123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123&num=0&edition=prelim) authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction.
(2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under [section 3123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123&num=0&edition=prelim) authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State.
**(b) Contents of Application.—** An application under subsection (a) of this section shall include—
(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and
(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3122
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 3122. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 711
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3123
dressing,’’ after ‘‘dialing’’ and substituted ‘‘the proc-
essing and transmitting of wire or electronic commu-
nications so as not to include the contents of any wire
or electronic communications’’ for ‘‘call processing’’.
1994—Subsecs. (c), (d). Pub. L. 103–414 added subsec.
(c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 99–508, title III, § 302, Oct. 21, 1986, 100 Stat.
1872, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), this title and the amendments made by this title
[enacting this chapter and section 1367 of this title]
shall take effect ninety days after the date of the en-
actment of this Act [Oct. 21, 1986] and shall, in the case
of conduct pursuant to a court order or extension,
apply only with respect to court orders or extensions
made after this title takes effect.
‘‘(b) SPECIAL RULE
FOR STATE AUTHORIZATIONS
OF
INTERCEPTIONS.—Any pen register or trap and trace de-
vice order or installation which would be valid and law-
ful without regard to the amendments made by this
title shall be valid and lawful notwithstanding such
amendments if such order or installation occurs during
the period beginning on the date such amendments
take effect and ending on the earlier of—
‘‘(1) the day before the date of the taking effect of
changes in State law required in order to make orders
or installations under Federal law as amended by this
title; or
‘‘(2) the date two years after the date of the enact-
ment of this Act [Oct. 21, 1986].’’
§ 3122. Application for an order for a pen register
or a trap and trace device
(a) APPLICATION.—(1) An attorney for the Gov-
ernment may make application for an order or
an
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3122
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 3122. This identifies an authority to review, not proof of applicability.