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Can you summarize ARCO 5-60-120?
General Provisions > Interception and recording.
Short Summary
This legal document governs the interception and recording of wire, landline, oral, telephonic, and wireless communications. It is unlawful for a person to intercept and record such communications unless they are a party to the communication or have obtained prior consent from one of the parties. Violation of this law is considered a Class A misdemeanor. However, there are exceptions to this rule, including persons acting under the color of law, officers, employees, or agents of public telephone utilities or companies providing telecommunication services, operators of switchboards, and officers, employees, or agents of public telephone utilities or telecommunications providers. Additionally, the document specifies that the provisions do not apply to telecommunication services offered by telecommunications providers or public telephone utilities, as well as Federal Communications Commission licensed amateur radio operators. It is important to note that this document does not prohibit or restrict the interception of communications by Federal Communications Commission licensed amateur radio operators or individuals operating police scanners for pleasure. The document also mentions that court orders for disclosure of customer communications or records to governmental entities as part of ongoing criminal investigations, as well as court orders authorizing the installation and use of pen registers or trap-and-trace devices, are not prohibited by the laws of the state, as long as they comply with the relevant federal provisions.
Whom does it apply to?
All persons, except those acting under the color of law or certain authorized individuals
What does it govern?
Interception and recording of wire, landline, oral, telephonic, and wireless communications
What are exemptions?
1) Persons acting under the color of law, 2) Officers, employees, or agents of public telephone utilities or companies providing wire or wireless telecommunication services, 3) Operators of switchboards or officers, employees, or agents of public telephone utilities or telecommunications providers intercepting, disclosing, or using communications in the normal course of their employment, 4) Telecommunication services offered by telecommunications providers or public telephone utilities, and 5) Federal Communications Commission licensed amateur radio operators
What are the Penalties?
Class A misdemeanor
Jurisdiction
Arkansas