AN ACT Relating to cellular radio telephones; and adding a new chapter to Title 80 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the advent of widespread use of cellular radio telephone technology means that persons will be conversing over a network which cannot guarantee privacy in the same way that is guaranteed over landline systems. There is, at present, no commercially feasible method to prevent unauthorized third parties from eavesdropping upon private cellular radio telephone communications.

The legislature also finds that the right of privacy has been established under present law in order to prevent the continued and increasing use of new technological devices and techniques suitable only for eavesdropping upon private conversations.

Therefore, the legislature declares that parties to a cellular radio telephone communication have a right of privacy in that communication, and that this chapter is intended to provide a legal recourse to those persons whose private cellular radio telephone communications have been maliciously invaded by persons not intended to receive such communication.

It is not the intent of the legislature to prohibit the manufacture, sale, possession, or use of electronic scanning devices or radios, capable of intercepting or receiving radio frequencies, nor to prohibit the interception or reception of radio frequencies other than the unauthorized malicious interception or reception of cellular radio frequencies.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Person" means an individual, business association, partnership, corporation, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication.

(2) "Confidential communication" means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive, or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.

(3) "Cellular radio telephone" means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones.

NEW SECTION. Sec. 3. (1) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone shall be punished as an unfair act or practice or unfair method of competition in the conduct of trade or commerce under the consumer protection act, chapter 19.86 RCW.

(2) This chapter shall not apply in the following instances:

(a) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.

(b) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.

(c) To any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility. (d) To any action lawfully taken under chapter 9.73 RCW.

NEW SECTION. Sec. 4. Any person who trespasses on property for the purpose of committing any act, or attempting to commit any act, in violation of this chapter shall be punished as an unfair act or practice or unfair method of competition in the conduct of trade or commerce under the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 5. (1) Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device which is primarily or exclusively designed or intended for the unauthorized interception or reception of communications between cellular radio telephones or between a cellular radio telephone and a landline telephone in violation of section 3 of this act, shall be punished as an unfair act or practice or unfair method of competition in the conduct of trade or commerce under the consumer protection act, chapter 19.86 RCW.

(2) This section does not apply to either of the following:

(a) An act otherwise prohibited by this section when performed by:

(i) A communication utility or an officer, employee, or agent thereof for the purpose of construction, maintenance, conduct or operation of, or otherwise incident to, the use of, the services or facilities of the utility;

(ii) A state, county, or municipal law enforcement agency or an agency of the federal government; or

(iii) A person engaged in selling devices specified in subsection (1) of this section for use by, or resale to, agencies of a foreign government under terms approved by the federal government, communication utilities, state, county, or municipal law enforcement agencies, or agencies of the federal government.

(b) Possession by a subscriber to communication utility service of a device specified in subsection (1) of this section furnished by the utility pursuant to its tariffs.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 80 RCW.