A.C.A. § 5-60-120
§ 5-60-120. Interception and recording
(a)
It shall be unlawful for a person to intercept a wire, landline, oral, telephonic communication, or
wireless communication, and to record or possess a recording of such communication unless such a person is a
party to the communication or one (1) of the parties to the communication has given prior consent to such
interception and recording.
(b)
Any violation of this section shall be a Class A misdemeanor.
(c)
(1)
It shall not be unlawful for such an 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 shall not be 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 employment while engaged in any activity which is a necessary incident to the rendition of his service or
to the protection of the rights or property of the telecommunications provider or public telephone utility of
such communication.
(d)
The provisions of this section do not apply to telecommunication services offered by a telecommunications
provider or public telephone utilities or a 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 communications for
pleasure.
(f)
Consistent with the provisions of 18 U.S.C. § 2703, the issuance of a court order for disclosure of
customer communications or records 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, 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.
