Obtaining contents of communications
ORS > Criminal Code > Communications > 165.540
(1) except as otherwise provided in 133.724 (order for interception of communications) or 133.726 (interception of oral communication without order) or (2) to (7) of this statute, no one may:
(a) obtain or attempt to obtain the whole of or any part of a radio communication or telecommunication in which they aren't a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one (1) participant
(b) tamper with the wires, connections, boxes, fuses, circuits, lines or any other equipment or facilities of a telecommunication or radio communication company over which messages are transmitted, with the intent to unlawfully obtain the contents of communication(s) in which they're not a participant
(c) obtain or attempt to obtain the whole of or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if all of the participants in the conversation are not specifically informed that their conversation is being obtained
(d) obtain the whole of or any part of a conversation, telecommunication or radio communication from anyone, while knowing or having good reason to believe that the conversation, telecommunication or radio communication was initially obtained in a way prohibited by this statute
(e) use or attempt to use, or divulge to others, any conversation, telecommunication or radio communication obtained by any means prohibited by this statute
(2)(a) the prohibitions in (1)(a), (b) & (c) don't apply to:
(A) officers, employees or agents of a telecommunication or radio communication company who perform the acts prohibited by (1)(a), (b) & (c) for the purpose of construction, maintenance or conducting of their telecommunication or radio communication service, facilities or equipment
(B) public officials in charge of & at jails, police premises, sheriffs' offices, Department of Corrections institutions & other penal or correctional institutions, except in regards to communications or conversations between an attorney & their client
(b) officers, employees or agents of a telecommunication or radio communication company who obtain information under (a) may not use or attempt to use, or divulge to others, the information except for the purpose of construction, maintenance, or conducting of their telecommunication or radio communication service, facilities or equipment
(3) the prohibitions in (1)(a), (b) or (c) don't apply to subscribers or members of their family who perform the acts prohibited in (1) of in their homes.
(4) the prohibitions in (1)(a), (b) or (c) don't apply to the receiving or obtaining of the contents of any radio or television broadcast transmitted for the use of the general public
(5) The prohibitions in (1)(c) don't apply to:
(a) anyone who records a conversation during a felony that endangers human life
(A) the recording is made while the officer is performing official duties
(B) the recording is made openly and in plain view of the participants in the conversation
(D) the person is in a place where they may lawfully be
(c)(A) anyone who, pursuant to 133.400 (recording of custodial interviews of adults), records an interview conducted by a peace officer in a law enforcement facility OR
(B) anyone who, pursuant to 133.402 (recording of custodial interviews of juveniles), records a custodial interview, as defined 133.402 (recording of custodial interviews of juveniles)
(d) a law enforcement officer who is in uniform and displaying a badge & who is operating:
(A) a vehicle mounted video camera that records the scene in front of, within or surrounding a police vehicle, unless the officer has reasonable opportunity to inform participants in the conversation that the conversation is being obtained OR
(B) A video camera worn by the officer that records their interactions with members of the public while the officer is on duty, unless
(i) the officer has an opportunity to announce at the beginning of the interaction that the conversation is being obtained AND
(ii) the announcement can be accomplished without causing jeopardy to the officer or anyone else & without unreasonably impairing a criminal investigation OR
(e) a law enforcement officer who, acting in their official capacity, deploys an Electro-Muscular Disruption Technology device that contains a built-in monitoring system capable of recording audio or video, for the duration of that deployment
(6) The prohibitions in (1)(c) don't apply to people who intercept or attempt to intercept with an unconcealed recording device the oral communications that are part of any of the following proceedings:
(a) public or semipublic meetings such as hearings before governmental or quasi-governmental bodies, trials, press conferences, public speeches, rallies & sporting or other events
(b) regularly scheduled classes or similar educational activities in public or private institutions OR
(c) private meetings or conferences if all others involved knew or reasonably should have known that the recording was being made
(7) the prohibitions in (1)(a), (c), (d) & (e) don't apply to any:
(a) radio communication that is transmitted by a station operating on an authorized frequency within the amateur or citizens bands OR
(b) person who intercepts a radio communication that is transmitted by any governmental, law enforcement, civil defense or public safety communications system, including police & fire, readily accessible to the general public provided that the interception is not for purposes of illegal activity.
(9) The exception described in (5)(b) doesn't authorize anyone recording a law enforcement officer to engage in:
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