ORS § 165.540
165.540. Obtaining contents of communications.
(1)
Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (7) of this section, a person
may not:
(a)
Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which
the person is not 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 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
obtain unlawfully the contents of a telecommunication or radio communication to which the person is not a
participant.
(c)
Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance,
machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the
conversation are specifically informed that their conversation is being obtained.
(d)
Obtain the whole or any part of a conversation, telecommunication or radio communication from any person,
while knowing or having good reason to believe that the conversation, telecommunication or radio communication
was initially obtained in a manner prohibited by this section.
(e)
Use or attempt to use, or divulge to others, any conversation, telecommunication or radio communication
obtained by any means prohibited by this section.
(2)
(a)
The prohibitions in subsection (1)(a), (b) and (c) of this section do not apply to:
(A)
Officers, employees or agents of a telecommunication or radio communication company who perform the acts
prohibited by subsection (1)(a), (b) and (c) of this section for the purpose of construction, maintenance or
conducting of their telecommunication or radio communication service, facilities or equipment.
(B)
Public officials in charge of and at jails, police premises, sheriffs' offices, Department of Corrections
institutions and other penal or correctional institutions, except as to communications or conversations
between an attorney and the client of the attorney.
(b)
Officers, employees or agents of a telecommunication or radio communication company who obtain information
under paragraph (a) of this subsection 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 subsection (1)(a), (b) or (c) of this section do not apply to subscribers or members
of their family who perform the acts prohibited in subsection (1) of this section in their homes.
(4)
The prohibitions in subsection (1)(a) of this section do not 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 subsection (1)(c) of this section do not apply to a person who records a conversation
during a felony that endangers human life.
(6)
The prohibitions in subsection (1)(c) of this section do not apply to persons 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 and 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 subsection (1)(a), (c), (d) and (e) of this section do not 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 and fire, readily accessible to the
general public provided that the interception is not for purposes of illegal activity.
(8)
Violation of subsection (1) or (2)(b) of this section is a Class A misdemeanor.
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