reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-269 - Enforcement; appeal.

86-269.
Enforcement; appeal.
(1) The commission shall adopt and promulgate rules and regulations necessary to carry out the Intrastate Pay-Per-Call Regulation Act.
(2) The commission may conduct investigations and shall enforce the act.
(3) Upon written complaint and supporting affidavit that an applicable rule or regulation or any provision of the act has been or is being violated, the commission may enter a cease and desist order on an ex parte basis against a party named in a complaint alleging violation of the act. The order shall have duration of no more than twenty days, and a hearing upon the complaint shall be held no later than twenty days after the order is entered by the commission.
(4) A decision of the commission made pursuant to the act and rules and regulations of the commission may be appealed. The appeal shall be in accordance with section 75-136.
Source
Laws 1993, LB 42, § 10;
Laws 2000, LB 1285, § 18;
R.S.Supp.,2000, § 86-1110;
Laws 2002, LB 1105, § 131;
Laws 2013, LB545, § 14.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-270 - Violations; administrative fine.

86-270.
Violations; administrative fine.
After notice and a hearing, the commission may administratively fine pursuant to section 75-156 violators of the Intrastate Pay-Per-Call Regulation Act or the applicable rules and regulations adopted and promulgated under the act.
Source
Laws 1993, LB 42, § 11;
Laws 2000, LB 1285, § 19;
R.S.Supp.,2000, § 86-1111;
Laws 2002, LB 1105, § 132.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-271 - Definitions, where found.

86-271.
Definitions, where found.
For purposes of sections 86-271 to 86-2,115, unless the context otherwise requires, the definitions found in sections 86-272 to 86-289 apply.
Source
Laws 1969, c. 854, § 1, p. 3210;
Laws 1984, LB 625, § 1;
Laws 1988, LB 899, § 1;
R.S.1943, (1999), § 86-701;
Laws 2002, LB 1105, § 133.
Annotations
The Nebraska Supreme Court looks to federal law in interpreting the provisions of Nebraska's intercepted communications statutes, sections 86-701 through 86-712 (recodified in 2002 as sections 86-271 to 86-2,115). The test for issuance of a wiretap order under the provisions of Nebraska's intercepted communications statutes is whether the sworn information before the court is of sufficient apparent reliability to justify a finding that there is probable cause to believe that an offense cognizable under said statutes has been or is being committed. State v. Hinton, 226 Neb. 787, 415 N.W.2d 138 (1987).
Conversations in which one party has consented to the recording of the conversation are not oral communications within the meaning of communication interception statutes (recodified in 2002 as sections 86-271 to 86-2,115). State v. Manchester, 220 Neb. 41, 367 N.W.2d 733 (1985).
Evidence of telephone conversations obtained by wiretaps in violation of this article (recodified in 2002 as sections 86-271 to 86-2,115) are inadmissible in evidence if timely objection is made. White v. Longo, 190 Neb. 703, 212 N.W.2d 84 (1973).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-272 - Aggrieved person, defined.

86-272.
Aggrieved person, defined.
Aggrieved person means a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed.
Source
Laws 2002, LB 1105, § 134.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-275 - Electronic, mechanical, or other device, defined.

86-275.
Electronic, mechanical, or other device, defined.
Electronic, mechanical, or other device means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than:
(1) Any telephone or telegraph instrument, equipment, or facility, or any component thereof, (a) furnished to the subscriber or user by a provider in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used by the subscriber or user in the ordinary course of its business or (b) being used by a provider in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his or her duties; or
(2) A hearing instrument or similar device being used to correct subnormal hearing to not better than normal.
Source
Laws 2002, LB 1105, § 137;
Laws 2009, LB195, § 109.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-276 - Electronic communication, defined.

86-276.
Electronic communication, defined.
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 photooptical system but does not include:
(1) The radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;
(2) Any wire or oral communication;
(3) Any communication made through a tone-only mobile paging device; or
(4) Any communication from a mobile tracking device as defined in section 86-2,103.
Source
Laws 2002, LB 1105, § 138.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-278 - Electronic communication system, defined.

86-278.
Electronic communication system, defined.
Electronic communication system means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of electronic communications and any computer facilities or related electronic equipment for the electronic storage of such communication.
Source
Laws 2002, LB 1105, § 140.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-279 - Electronic storage, defined.

86-279.
Electronic storage, defined.
Electronic storage means:
(1) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
(2) Any storage of such communication by an electronic communication service for purposes of backup protection of such communication.
Source
Laws 2002, LB 1105, § 141.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-281 - Investigative or law enforcement officer, defined.

86-281.
Investigative or law enforcement officer, defined.
Investigative or law enforcement officer means a law enforcement officer as defined in section 81-1401 and includes the Attorney General and his or her deputies or assistants, a county attorney and his or her deputies, and agents of the United States Federal Bureau of Investigation, Drug Enforcement Administration, Marshals Service, Secret Service, Bureau of Alcohol, Tobacco, and Firearms, Treasury Department, Customs Service, Justice Department, and Internal Revenue Service.
Source
Laws 2002, LB 1105, § 143.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-282 - Mobile telephone communication, defined.

86-282.
Mobile telephone communication, defined.
Mobile telephone communication means a radio communication that is transmitted on frequencies allocated under 47 C.F.R. 26.301, as such regulation existed on January 1, 2002.
Source
Laws 2002, LB 1105, § 144.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-283 - Oral communication, defined.

86-283.
Oral communication, defined.
Oral communication means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but does not include any electronic communication.
Source
Laws 2002, LB 1105, § 145.
Annotations
Pursuant to subsection (12) of this section (recodified in 2002 as section 86-283) there is no objective expectation of privacy in face-to-face conversations occurring in jail visiting rooms. State v. Strohl, 255 Neb. 918, 587 N.W.2d. 675 (1999).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-284 - Pen register, defined.

86-284.
Pen register, defined.
Pen register means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached but does not include (1) any device used by a provider or customer of an electronic communication service for billing or recording as an incident to billing for communication service provided by such provider or (2) any device used by a provider or customer of an electronic communication service for cost accounting or other like purposes in the ordinary course of its business.
Source
Laws 2002, LB 1105, § 146.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-285 - Provider, defined.

86-285.
Provider, defined.
Provider means any person who provides an electronic communication service and who has authorized access to or possession or control of the facilities or equipment necessary to implement (1) the order to intercept a wire or electronic communication or (2) the order to install a pen register or a trap-and-trace device.
Source
Laws 2002, LB 1105, § 147.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-286 - Readily accessible to the general public, defined.

86-286.
Readily accessible to the general public, defined.
Readily accessible to the general public means, with respect to a radio communication, that such communication is not:
(1) Scrambled or encrypted;
(2) Transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication;
(3) Carried on a subcarrier or other signal subsidiary to a radio transmission;
(4) Transmitted over an electronic communication system by a provider unless the communication is a tone-only paging system communication; or
(5) Transmitted on frequencies allocated for satellite communications under 47 C.F.R. part 25, for remote pickup broadcast stations under subpart D of 47 C.F.R. part 74, for aural broadcast auxiliary stations under subpart E of 47 C.F.R. part 74, for television broadcast auxiliary stations under subpart F of 47 C.F.R. part 74, or for fixed microwave services under 47 C.F.R. part 101, as such regulations existed on January 1, 2002, unless, in the case of a communication transmitted on a frequency allocated under 47 C.F.R. part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.
Source
Laws 2002, LB 1105, § 148.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-287 - Trap-and-trace device, defined.

86-287.
Trap-and-trace device, defined.
Trap-and-trace device means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
Source
Laws 2002, LB 1105, § 149.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-289 - Wire communication, defined.

86-289.
Wire communication, defined.
Wire 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, including the use of such connection in a switching station, between the point of origin and the point of reception furnished or operated by any person engaged in providing or operating such facilities for the transmission of communications. Wire communication includes any electronic storage of such communication but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit.
Source
Laws 2002, LB 1105, § 151.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-292 - Interception; privileged use.

86-292.
Interception; privileged use.
(1) Any investigative or law enforcement officer who, by any means authorized by sections 86-271 to 86-295, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any means authorized by sections 86-271 to 86-295, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his or her official duties.
(3) Any person who has received, by any means authorized by sections 86-271 to 86-295, any information concerning a wire, electronic, or oral communication or evidence derived therefrom intercepted in accordance with sections 86-271 to 86-295 may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding held under the authority of the United States, of this state, or of any other state.
(4) No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, sections 86-271 to 86-295 shall lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized herein, intercepts wire, electronic, or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived therefrom may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of a district court when such judge finds on subsequent application that the contents were otherwise intercepted in accordance with sections 86-271 to 86-295. Such application shall be made as soon as practicable.
Source
Laws 1969, c. 854, § 4, p. 3213;
Laws 1988, LB 899, § 4;
R.S.1943, (1999), § 86-704;
Laws 2002, LB 1105, § 154.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-294 - Interception; reports.

86-294.
Interception; reports.
In January of each year the Attorney General and each county attorney shall report to the Administrative Office of the United States Courts:
(1) The following information with respect to each application for an order or extension made during the preceding calendar year: (a) The fact that an order or extension was applied for; (b) the kind of order or extension applied for; (c) the fact that the order or extension was granted as applied for, was modified, or was denied; (d) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; (e) the offense specified in the order or application, or extension of an order; (f) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and (g) the nature of the facilities from which or the place where communications were to be intercepted;
(2) A general description of the interceptions made under such order or extension, including (a) the approximate nature and frequency of incriminating communications intercepted, (b) the approximate nature and frequency of other communications intercepted, (c) the approximate number of persons whose communications were intercepted, and (d) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions;
(3) The number of arrests resulting from interceptions made under such order or extension, and the offenses for which arrests were made;
(4) The number of trials resulting from such interceptions;
(5) The number of motions to suppress made with respect to such interceptions, and the number granted or denied;
(6) The number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and
(7) The information required by subdivisions (2) through (6) of this section with respect to orders or extensions obtained in the preceding calendar year.
Source
Laws 1969, c. 854, § 6, p. 3218;
R.S.1943, (1999), § 86-706;
Laws 2002, LB 1105, § 156.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-295 - Violations; penalty.

86-295.
Violations; penalty.
It is unlawful for any person to (1) intentionally and without lawful authority cut, break, tap, or make connection with any telegraph or telephone line, wire, cable, or instrument or electronic, mechanical, or other device or read or copy in any unauthorized manner any message, communication, or report passing over it, in this state, (2) intentionally and without lawful authority prevent, obstruct, or delay, by any means or contrivance whatsoever, the sending, transmission, conveyance, or delivery in this state of any authorized message, communication, or report by or through any telegraph or telephone line, wire, or cable under the control of any telegraph or telephone company doing business in this state, (3) aid, agree with, employ, or conspire with any person or persons to unlawfully do or perform, or cause to be done, any of the acts described in subdivisions (1) and (2) of this section, or (4) occupy, use a line, or knowingly permit another to occupy, use a line, room, table, establishment, or apparatus to unlawfully do or cause to be done any of the acts described in this section. Any person who violates this section is guilty of a Class IV felony.
Source
Laws 1969, c. 854, § 7, p. 3219;
Laws 1977, LB 39, § 330;
Laws 1988, LB 899, § 6;
R.S.1943, (1999), § 86-707;
Laws 2002, LB 1105, § 157.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-296 - Electronic devices; prohibited acts; penalty.

86-296.
Electronic devices; prohibited acts; penalty.
(1) Except as otherwise specifically provided in sections 86-271 to 86-295 and this section, any person who intentionally:
(a) Sends in intrastate commerce any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications, is guilty of a Class IV felony; or
(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications and that such device or any component thereof has been or will be transported in intrastate commerce, is guilty of a Class IV felony.
(2) This section shall not be construed to prohibit the exchange of electronic, mechanical, or other devices between law enforcement officers or federally funded law enforcement associations.
(3) It is unlawful for a provider or an officer, agent, or employee of or a person under contract with a provider, in the normal course of the business of providing electronic communication service, to send or carry in intrastate commerce, manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, oral, or electronic communications. Any person who violates this subsection is guilty of a Class IV felony.
(4) It is lawful for an officer, agent, or employee of or a person under contract with the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to send or carry in intrastate commerce, manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications.
Source
Laws 1988, LB 899, § 7;
R.S.1943, (1999), § 86-707.01;
Laws 2002, LB 1105, § 158.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-298 - Pen register; trap-and-trace device; restrictions on use; penalty.

86-298.
Pen register; trap-and-trace device; restrictions on use; penalty.
(1) Except as provided in this section, no person may install or use a pen register or a trap-and-trace device without first obtaining a court order under section 86-2,100. Nothing in sections 86-271 to 86-2,110 shall be construed to prohibit an emergency operator from conducting a trap or trace of a telephone number during an emergency.
(2) The prohibition of subsection (1) of this section shall not apply with respect to the use of a pen register or a trap-and-trace device by a provider:
(a) Relating to the operation, maintenance, and testing of an electronic communication service, to the protection of the rights or property of such provider or to the protection of users of that service from abuse of service or unlawful use of service;
(b) To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of such service from fraudulent, unlawful, or abusive use of service; or
(c) When the consent of the user of such service has been obtained.
(3) Any person who knowingly violates subsection (1) of this section is guilty of a Class I misdemeanor.
Source
Laws 1988, LB 899, § 9;
R.S.1943, (1999), § 86-707.03;
Laws 2002, LB 1105, § 160.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-299 - Pen register; trap-and-trace device; application for order.

86-299.
Pen register; trap-and-trace device; application for order.
(1) An investigative or law enforcement officer may make application for an order or an extension of an order under section 86-2,100 authorizing or approving the installation and use of a pen register or a trap-and-trace device under sections 86-298 to 86-2,101 to a county or district court. Such application shall be in writing and shall be under oath or affirmation.
(2) An application under subsection (1) of this section shall include:
(a) The identity of the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation; and
(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
Source
Laws 1988, LB 899, § 10;
R.S.1943, (1999), § 86-707.04;
Laws 2002, LB 1105, § 161.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,100 - Pen register; trap-and-trace device; court order.

86-2,100.
Pen register; trap-and-trace device; court order.
(1) Upon an application made under section 86-299, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap-and-trace device within the jurisdiction of the court if the court finds that the investigative or law enforcement officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
(2) An order issued under this section:
(a) Shall specify:
(i) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap-and-trace device is to be attached;
(ii) The identity, if known, of the person who is the subject of the criminal investigation;
(iii) The number and, if known, physical location of the telephone line to which the pen register or trap-and-trace device is to be attached and, in the case of a trap-and-trace device, the geographic limits of the order; and
(iv) A statement of the offense to which the information likely to be obtained by the pen register or trap-and-trace device relates; and
(b) Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap-and-trace device.
(3)(a) An order issued under this section shall authorize the installation and use of a pen register or a trap-and-trace device for a period not to exceed sixty days.
(b) Extensions of such an order may be granted but only upon an application for an order under section 86-299 and upon the judicial finding required by subsection (1) of this section. The period of extension shall be for a period not to exceed sixty days.
(4) An order issued under this section shall direct that:
(a) The order be sealed until otherwise ordered by the court; and
(b) The person owning or leasing the line to which the pen register or a trap-and-trace device is attached or the person who has been ordered by the court to provide assistance to the applicant not disclose the existence of the pen register or trap-and-trace device or the existence of the investigation to the listed subscriber or to any other person unless or until otherwise ordered by the court.
Source
Laws 1988, LB 899, § 11;
R.S.1943, (1999), § 86-707.05;
Laws 2002, LB 1105, § 162.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,101 - Pen register; trap-and-trace device; installation.

86-2,101.
Pen register; trap-and-trace device; installation.
(1) Upon the request of an investigative or law enforcement officer authorized to install and use a pen register under sections 86-298 to 86-2,101, a provider, landlord, custodian, or other person shall furnish such investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place if such assistance is directed by a court order as provided in section 86-2,100.
(2) Upon the request of an investigative or law enforcement officer authorized to receive the results of a trap-and-trace device under sections 86-298 to 86-2,101, a provider, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities, and technical assistance, including installation and operation of the device, unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place if such installation and assistance is directed by a court order as provided in section 86-2,100. Unless otherwise ordered by the court, the results of the trap-and-trace device shall be furnished to the investigative or law enforcement officer, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.
(3) A provider, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
(4) No cause of action shall lie in any court against any provider, its officers, employees, or agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under sections 86-298 to 86-2,101.
(5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization shall be a complete defense against any civil or criminal action brought under sections 86-298 to 86-2,101 or any other law.
Source
Laws 1988, LB 899, § 12;
R.S.1943, (1999), § 86-707.06;
Laws 2002, LB 1105, § 163.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,102 - Satellites; prohibited acts; penalty.

86-2,102.
Satellites; prohibited acts; penalty.
(1) Any person who, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission is guilty of a Class IV felony.
(2) This section shall not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States or this state.
Source
Laws 1988, LB 899, § 13;
R.S.1943, (1999), § 86-707.07;
Laws 2002, LB 1105, § 164.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,103 - Mobile tracking device; use.

86-2,103.
Mobile tracking device; use.
(1) A district court may issue a warrant or other order for the installation of a mobile tracking device, and such order may authorize the use of that device within the jurisdiction of the court and outside that jurisdiction if the device is installed in that jurisdiction.
(2) For purposes of this section, mobile tracking device means an electronic or mechanical device which permits the tracking of the movement of a person or object.
Source
Laws 1988, LB 899, § 14;
R.S.1943, (1999), § 86-707.08;
Laws 2002, LB 1105, § 165.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,104 - Electronic communication service; unauthorized access; penalty.

86-2,104.
Electronic communication service; unauthorized access; penalty.
(1) Except as provided in subsection (3) of this section, any person who (a) intentionally accesses without authorization a facility through which an electronic communication service is provided or (b) intentionally exceeds an authorization to access the facility and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such service is subject to the penalties provided in subsection (2) of this section.
(2) The penalty for an offense under subsection (1) of this section is (a) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain (i) a Class I misdemeanor for the first offense and (ii) a fine or imprisonment for not more than two years, or both, for any subsequent offense and (b) a Class IV felony for any other offense.
(3) Subsection (1) of this section shall not apply with respect to conduct authorized (a) by the person or entity providing an electronic communication service, (b) by a user of that service with respect to a communication of or intended for that user, or (c) by section 86-293 or 86-2,107.
Source
Laws 1988, LB 899, § 15;
R.S.1943, (1999), § 86-707.09;
Laws 2002, LB 1105, § 166.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,105 - Electronic communication service; disclosure.

86-2,105.
Electronic communication service; disclosure.
(1) Except as provided in subsection (2) of this section, (a) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by the service and (b) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on the service (i) on behalf of, and received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from, a subscriber to or customer of such service and (ii) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage of computer processing.
(2) A person or entity may divulge the contents of a communication:
(a) To an addressee or intended recipient of such communication or an agent of such addressee or intended recipient;
(b) As otherwise authorized in section 86-290, 86-292, or 86-2,106;
(c) With the lawful consent of the originator or an addressee or intended recipient of such communication or the subscriber in the case of remote computing service;
(d) To a person employed or authorized or whose facilities are used to forward such communication to its destination;
(e) As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of the service; or
(f) To a law enforcement officer if such contents (i) were inadvertently obtained by the provider and (ii) appear to pertain to the commission of a crime.
Source
Laws 1988, LB 899, § 16;
R.S.1943, (1999), § 86-707.10;
Laws 2002, LB 1105, § 167.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,109 - Electronic communication service; remote computing service; reimbursement for costs; when.

86-2,109.
Electronic communication service; remote computing service; reimbursement for costs; when.
(1) Except as otherwise provided in subsection (3) of this section, a governmental entity obtaining the contents of communications, records, or other information under sections 86-2,104 to 86-2,110 shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.
(2) The amount of the fee provided by subsection (1) of this section shall be as mutually agreed by the governmental entity and the person or entity providing the information or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information or the court before which a criminal prosecution relating to such information would be brought if no court order was issued for production of the information.
(3) The requirement of subsection (1) of this section shall not apply with respect to records or other information maintained by a provider that relate to telephone toll records and telephone listings obtained under section 86-2,106. The court may, however, order a payment as described in subsection (1) of this section if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.
Source
Laws 1988, LB 899, § 20;
R.S.1943, (1999), § 86-707.14;
Laws 2002, LB 1105, § 171.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,110 - Electronic communication service; remote computing service; civil action authorized; damages; limitation.

86-2,110.
Electronic communication service; remote computing service; civil action authorized; damages; limitation.
(1) Except as provided in subsection (5) of section 86-2,106, any provider, subscriber, or customer aggrieved by any violation of sections 86-2,104 to 86-2,110 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as may be appropriate.
(2) In a civil action under this section, appropriate relief includes:
(a) Such preliminary and other equitable or declaratory relief as may be appropriate;
(b) Damages under subsection (3) of this section; and
(c) Reasonable attorney's fees and other litigation costs reasonably incurred.
(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of one thousand dollars.
(4) A good faith reliance on (a) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, (b) a request of an investigative or law enforcement officer under section 86-293, or (c) a good faith determination that section 86-290 permitted the conduct complained of shall be a complete defense to any civil or criminal action brought under sections 86-2,104 to 86-2,110.
(5) A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
Source
Laws 1988, LB 899, § 21;
R.S.1943, (1999), § 86-707.15;
Laws 2002, LB 1105, § 172.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,111 - Interception; grand jury procedure.

86-2,111.
Interception; grand jury procedure.
(1) If the Attorney General or any county attorney reasonably determines that the testimony of any witness or the production of books, papers, or other evidence by any witness is necessary to the public interest in any proceeding before the grand jury of the district court of the State of Nebraska involving any violation or conspiracy to violate the provisions of subsection (1) of section 86-290 or involving the offenses enumerated in section 86-291, the Attorney General or county attorney, upon the approval of the Attorney General, shall make application to the court that the witness be instructed to testify or produce evidence subject to the provisions of this section. Upon an order of the court, such witness shall not be excused from testifying or from producing books, papers, or other evidence on the grounds that the testimony or evidence required by him or her may incriminate him or her or subject him or her to a penalty or forfeiture. Nothing in this section shall be construed to suspend or otherwise interfere with the operation of the provisions of the Free Flow of Information Act or sections 27-503 to 27-506 and 27-605.
(2) Except as otherwise provided in this section, no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the witness is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled be used as evidence in any criminal proceeding against the witness in any court. No witness shall be exempt under this section from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this section.
Source
Laws 1976, LB 583, § 2;
Laws 1995, LB 13, § 1;
R.S.1943, (1999), § 86-708;
Laws 2002, LB 1105, § 173.
Cross References
Free Flow of Information Act, see section 20-147.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,112 - Attorney General or county attorney; discovery; additional order limiting notification.

86-2,112.
Attorney General or county attorney; discovery; additional order limiting notification.
(1) The Attorney General or any county attorney may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of records including books, papers, documents, and tangible things which constitute or contain evidence relevant or material to the investigation or enforcement of the laws of this state when it reasonably appears that such action is necessary and proper. The attendance of witnesses and the production of records shall be required from any place within the State of Nebraska, and service of subpoenas may be made upon any publicly or privately held corporation, partnership, or other legal entity located within or outside the State of Nebraska. Witnesses summoned by the Attorney General or a county attorney shall be paid the same fees that are paid witnesses in the courts of the State of Nebraska and mileage at the rate provided in section 81-1176.
(2) The Attorney General or a county attorney may apply to a court for an order commanding the person or entity to which a subpoena is directed not to notify any other person of the existence of the subpoena. The court shall enter such an order if it determines that there is reason to believe that notification of the existence of the subpoena will result in an adverse result, as such term is defined in section 86-2,108.
Source
Laws 1976, LB 583, § 3;
Laws 1981, LB 204, § 221;
R.S.1943, (1999), § 86-709;
Laws 2002, LB 1105, § 174;
Laws 2008, LB952, § 2;
Laws 2015, LB294, § 18.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,113 - Interception; subpoena.

86-2,113.
Interception; subpoena.
A subpoena of the Attorney General or a county attorney may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him or her. Service may be made upon a domestic or foreign corporation, upon a partnership, upon a domestic or foreign limited liability company, or upon any other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, a managing or general agent, a member, or any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.
Source
Laws 1976, LB 583, § 4;
Laws 1993, LB 121, § 553;
R.S.1943, (1999), § 86-710;
Laws 2002, LB 1105, § 175.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,114 - Interception; subpoena; enforcement.

86-2,114.
Interception; subpoena; enforcement.
(1) If any person refuses to obey a subpoena issued to such person, the Attorney General or a county attorney may invoke the aid of any court of the State of Nebraska within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, carries on business, or may otherwise be found, to compel compliance with such subpoena.
(2) The court may issue an order requiring the subpoenaed person to appear before the Attorney General or a county attorney to produce records, if so ordered, or to give testimony concerning the matter under investigation. Nothing in this section shall be construed to suspend or otherwise interfere with the operation of the provisions of the Free Flow of Information Act or sections 27-503 to 27-506 and 27-605.
(3) Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in the judicial district in which the subpoenaed person is an inhabitant or may otherwise be found.
Source
Laws 1976, LB 583, § 5;
Laws 1995, LB 13, § 2;
R.S.1943, (1999), § 86-711;
Laws 2002, LB 1105, § 176.
Cross References
Free Flow of Information Act, see section 20-147.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,115 - Interception; use as evidence.

86-2,115.
Interception; use as evidence.
No part of the contents of any intercepted wire or oral communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a state, or a political subdivision thereof if the disclosure of that information would be in violation of sections 86-271 to 86-2,115.
Source
Laws 1976, LB 583, § 6;
R.S.1943, (1999), § 86-712;
Laws 2002, LB 1105, § 177.
Annotations
The discovery of "harp sheets" by the Department of Correctional Services during an independent, administratively inspired inventory of a parole officer's state-owned car was sufficiently independent and distinguishable from an illegal police wiretap of the parole officer's phone to purge the "harp sheets" from any taint arising from the wiretap. The "harp sheets" were not evidence derived from an unlawful police wiretap. State v. Gallagher, 214 Neb. 487, 334 N.W.2d 458 (1983).
The subject of an illegal wiretap may testify at a criminal trial if his identity was made known by means other than the illegal wiretap or his decision to testify is voluntary. State v. Anderson and Hochstein, 207 Neb. 51, 296 N.W.2d 440 (1980).
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-2,116 - Diversion of service; provisions applicable.

86-2,116.
Diversion of service; provisions applicable.
(1) In addition to any other criminal procedure and penalty provided by law, any person who unlawfully diverts or interferes with telecommunications service may be subject to sections 28-515.01, 28-515.02, 28-519, 28-1311, and 76-2325.01.
(2) In addition to any other civil procedure and remedy provided by law, any person who unlawfully diverts telecommunications service may be subject to actions authorized in sections 25-21,275 to 25-21,278.
Source
Laws 2002, LB 1105, § 178.
Cross References
Use of party line prohibited, see section 28-1309.