2013 ORS § 133.721¹
Definitions for ORS 41.910 and 133.721 to 133.739

As used in ORS 41.910 (Certain intercepted communications inadmissible) and 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications), unless the context requires otherwise:

(1) Aggrieved person means a person who was a party to any wire, electronic or oral communication intercepted under ORS 133.724 (Order for interception of communications) or 133.726 (Interception of oral communication without order) or a person against whom the interception was directed and who alleges that the interception was unlawful.

(2) Contents, when used with respect to any wire, electronic or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication.

(3) 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 radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include:

(a) Any oral communication or any communication that is completely by wire; or

(b) Any communication made through a tone-only paging device.

(4) Electronic, mechanical or other device means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:

(a) Any telephone or telegraph instrument, equipment or facility, or any component thereof that is furnished to the subscriber or user by a telecommunications carrier in the ordinary course of its business and that is being used by the subscriber or user in the ordinary course of its business or being used by a telecommunications carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of official duties; or

(b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(5) Intercept means the acquisition, by listening or recording, of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.

(6) Investigative or law enforcement officer means:

(a) An officer or other person employed to investigate or enforce the law by:

(A) A county sheriff or municipal police department, or a police department established by a university under ORS 352.383 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);

(B) The Oregon State Police, the Department of Corrections, the Attorney General or a district attorney; or

(C) Law enforcement agencies of other states or the federal government;

(b) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011; or

(c) A liquor enforcement inspector exercising authority described in ORS 471.775 (Service of subpoenas) (2).

(7) Oral communication means:

(a) Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or

(b) An utterance by a person who is participating in a wire or electronic communication, if the utterance is audible to another person who, at the time the wire or electronic communication occurs, is in the immediate presence of the person participating in the communication.

(8) Telecommunications carrier means:

(a) A telecommunications utility as defined in ORS 759.005 (Definitions); or

(b) A cooperative corporation organized under ORS chapter 62 that provides telecommunications services.

(9) Telecommunications service has the meaning given that term in ORS 759.005 (Definitions).

(10) Wire communication means any communication 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, whether furnished or operated by a public utility or privately owned or leased. [1979 c.716 §2; 1983 c.824 §6; 1987 c.320 §18; 1987 c.447 §103; 1989 c.983 §6; 1999 c.1093 §1; 2001 c.385 §1; 2003 c.14 §53; 2005 c.22 §104; 2011 c.644 §§17,62; 2012 c.54 §10; 2013 c.180 §12]

Note: The amendments to 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) by section 70, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, including amendments by section 11, chapter 54, Oregon Laws 2012, and section 13, chapter 180, Oregon Laws 2013, is set forth for the users convenience.

133.721 (Definitions for ORS 41.910 and 133.721 to 133.739). As used in ORS 41.910 (Certain intercepted communications inadmissible) and 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications), unless the context requires otherwise:

(1) Aggrieved person means a person who was a party to any wire, electronic or oral communication intercepted under ORS 133.724 (Order for interception of communications) or 133.726 (Interception of oral communication without order) or a person against whom the interception was directed and who alleges that the interception was unlawful.

(2) Contents, when used with respect to any wire, electronic or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication.

(3) 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 radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include:

(a) Any oral communication or any communication that is completely by wire; or

(b) Any communication made through a tone-only paging device.

(4) Electronic, mechanical or other device means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:

(a) Any telephone or telegraph instrument, equipment or facility, or any component thereof that is furnished to the subscriber or user by a telecommunications carrier in the ordinary course of its business and that is being used by the subscriber or user in the ordinary course of its business or being used by a telecommunications carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of official duties; or

(b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(5) Intercept means the acquisition, by listening or recording, of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.

(6) Investigative or law enforcement officer means:

(a) An officer or other person employed to investigate or enforce the law by:

(A) A county sheriff or municipal police department, or a police department established by a university under ORS 352.383 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);

(B) The Oregon State Police, the Department of Corrections, the Attorney General or a district attorney; or

(C) Law enforcement agencies of other states or the federal government; or

(b) A liquor enforcement inspector exercising authority described in ORS 471.775 (Service of subpoenas) (2).

(7) Oral communication means:

(a) Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or

(b) An utterance by a person who is participating in a wire or electronic communication, if the utterance is audible to another person who, at the time the wire or electronic communication occurs, is in the immediate presence of the person participating in the communication.

(8) Telecommunications carrier means:

(a) A telecommunications utility as defined in ORS 759.005 (Definitions); or

(b) A cooperative corporation organized under ORS chapter 62 that provides telecommunications services.

(9) Telecommunications service has the meaning given that term in ORS 759.005 (Definitions).

(10) Wire communication means any communication 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, whether furnished or operated by a public utility or privately owned or leased.