Mont. Code § 46-5-111

Current through the 2023 Regular Session

Section 46-5-111 - Definitions

As used in 46-5-111 through 46-5-113, the following definitions apply:

(1) "Authorized user" means a person who has the permission of the owner to possess and operate the electronic device.

(2) "Electronic communication service" means a service that:

(a) provides to users the ability to send or receive electronic communications;

(b) provides to users computer storage or processing services; or

(c) acts as an intermediary in the transmission of electronic communications.

(3) "Electronic device" means a device that enables access to or use of an electronic communication service or remote computing service.

(4) "Government entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission or an individual acting or purporting to act for or on behalf of a state or local agency.

(5) "Owner" means a person who is the legal owner of the electronic device. If the electronic device is the subject of an agreement for the conditional sale of the electronic device with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the person possessing the device, or in the event the electronic device is subject to a lease, contract, or other legal arrangement vesting the right of possession or control in the person possessing the electronic device, then the owner is the person in whom the right of possession or control is vested.

(6) "Remote computing service" means the provision of computer storage or processing services by means of an electronic communications system.

(7) "Stored data" means data or records that are stored on an electronic device that contains:

(a) information revealing the identity of users of the applicable service, device, or program;

(b) information about a user's use of the applicable service, device, or program;

(c) information that identifies the recipient or destination of a wire communication or electronic communication sent to or by the user;

(d) the content of a wire communication or electronic communication sent to or by the user; or

(e) any data, documents, files, or communications stored by or on behalf of the user with the applicable service provider or on the user's electronic device.

§ 46-5-111, MCA

Added by Laws 2017, Ch. 201,Sec. 1, eff. 10/1/2017.