B. Intentionally or knowingly uses or attempts to use the contents of any wire or oral communication, knowing that the information was obtained through interception in violation of this section.

4. Duty to report. Any communications common carrier shall promptly report to the Attorney General any facts coming to its attention in the conduct of its business which that may indicate a possible violation of this section and such carrier shall adopt reasonable rules to assure compliance with this subsection, provided such carrier shall is not be liable to any person who may claim an injury arising out of any such report, if made in good faith. Any person violating this subsection shall be is subject to a civil penalty not to exceed $5,000, payable to the State, to be recovered in a civil action.

5. Possession of interception devices prohibited. A Except as provided in subsection 7, a person, other than an employee of a common carrier as defined in this chapter, a law enforcement officer or an investigative officer as defined in this chapter, carrying out practices otherwise permitted by this chapter, who has in his that person's possession any device, contrivance, machine or apparatus designed or commonly used for intercepting wire or oral communications defined in this chapter, is guilty of a Class C crime.

6. Sale of interception devices prohibited. A person who sells, exchanges, delivers, barters, gives or furnishes or possesses with an intent to sell any device, contrivance, machine or apparatus designed or commonly used for the interception of wire or oral communications as defined in this chapter is guilty of a Class B crime. This subsection shall does not include devices manufactured under written contract for sale to common carriers, law enforcement agencies and the Department of Corrections, provided that the production of any such device shall has not have commenced prior to the signing of the contract by both parties.

7.__Exceptions.__The following persons carrying out the following practices are exempt from the provisions of subsections 1 and 6:

A. An employee of a communication common carrier carrying out practices permitted under section 712;

B. An investigative officer carrying out practices permitted under section 712;

C. A law enforcement officer conducting a lawful investigation; and

D. An emergency services provider carrying out practices permitted under section 712.

Sec. 4. 15 MRSA §712, sub-§4 is enacted to read:

4. Emergency services.__It is not a violation of this chapter for an emergency services provider to record calls made to that provider to the extent the recording is necessary or useful in rendering adequate service or in monitoring service quality.

SUMMARY

This bill amends laws governing the interception and recording of wire and oral communications. With certain narrow exceptions, current law prohibits a person from intercepting or recording communications between others. This bill amends the law to prohibit any person who is a sender or receiver of a telephony communication from intentionally or knowingly recording or procuring another person to record the communication without the consent of all parties to the communication. It creates an exception for calls made to emergency services providers and clarifies current law with respect to an exception provided to law enforcement agencies conducting investigations.