§ 250.00 Eavesdropping; definitions of terms.
The following definitions are applicable to this article:
1. “Wiretapping” means the intentional overhearing or recording of a
telephonic or telegraphic communication by a person other than a sender
or receiver thereof, without the consent of either the sender or
receiver, by means of any instrument, device or equipment. The normal
operation of a telephone or telegraph corporation and the normal use of
the services and facilities furnished by such corporation pursuant to
its tariffs or necessary to protect the rights or property of said
corporation shall not be deemed “wiretapping.”
2. “Mechanical overhearing of a conversation” means the intentional
overhearing or recording of a conversation or discussion, without the
consent of at least one party thereto, by a person not present thereat,
by means of any instrument, device or equipment.
3. “Telephonic communication” means any aural transfer 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 (including the
use of such connection in a switching station) furnished or operated by
any person engaged in providing or operating such facilities for the
transmission of communications and such term includes any electronic
storage of such communications.
4. “Aural transfer” means a transfer containing the human voice at any
point between and including the point of origin and the point of
5. “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 wire, radio, electromagnetic, photoelectronic
or photo-optical system, but does not include:
(a) any telephonic or telegraphic communication; or
(b) any communication made through a tone only paging device; or
(c) any communication made through a tracking device consisting of an
electronic or mechanical device which permits the tracking of the
movement of a person or object; or
(d) any communication that is disseminated by the sender through a
method of transmission that is configured so that such communication is
readily accessible to the general public.
6. “Intercepting or accessing of an electronic communication” and
“intentionally intercepted or accessed” mean the intentional acquiring,
receiving, collecting, overhearing, or recording of an electronic
communication, without the consent of the sender or intended receiver
thereof, by means of any instrument, device or equipment, except when
used by a telephone company in the ordinary course of its business or
when necessary to protect the rights or property of such company.
7. “Electronic communication service” means any service which provides
to users thereof the ability to send or receive wire or electronic
8. “Unlawfully” means not specifically authorized pursuant to article
seven hundred or seven hundred five of the criminal procedure law for
the purposes of this section and sections 250.05, 250.10, 250.15,
250.20, 250.25, 250.30 and 250.35 of this article.