H-4350.1 _______________________________________________
HOUSE BILL 2766
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State of Washington 54th Legislature 1996 Regular Session
By Representatives Chappell, Chandler, Dickerson, Morris and Costa
Read first time 01/18/96. Referred to Committee on Law & Justice.
AN ACT Relating to electronic communications privacy; reenacting and amending RCW 9.73.030; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds the use of electronic means of communications such as electronic mail and facsimiles has outpaced, and poses new challenges for, laws and regulations governing privacy.
Specifically, the legislature finds that while state and federal laws prohibit the interception or recording of private communications, including those by electronic means, it is unclear whether any law protects the privacy of stored electronic communications.
The legislature further finds that as the use of electronic technology has increased dramatically in governmental, business, and personal communications, the need to address privacy concerns has become increasingly urgent.
Sec. 2. RCW 9.73.030 and 1986 c 38 s 1 and 1985 c 260 s 2 are each reenacted and amended to read as follows:
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, read, alter, or record any:
(a) Private communication transmitted by telephone, telegraph, radio, electronic mail, facsimile, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;
(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.
(2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, or (d) which relate to communications by a hostage holder or barricaded person as defined in RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.
(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
(4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full time or contractual or part time basis, shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. Withdrawal of the consent after the communication has been made shall not prohibit any such employee of a newspaper, magazine, wire service, or radio or television station from divulging the communication or conversation.
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