77-23c-101.2. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this chapter:

(1)"Electronic communication service" means a service that provides to users of the service the ability to send or receive wire or electronic communications.

(2)"Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location information service.

(a)"Electronic information" means information or data including a sign, signal, writing, image, sound, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.

(b)"Electronic information" includes the location information, stored data, or transmitted data of an electronic device.

(c)"Electronic information" does not include:

(i)a wire or oral communication;

(ii)a communication made through a tone-only paging device; or

(iii)electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of money.

(4)"Law enforcement agency" means:

(a)an entity of the state or a political subdivision of the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes or ordinances; or

(b)an individual or entity acting for or on behalf of an entity described in Subsection (4)(a) .

(a)"Location information" means information concerning the geographical location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device or the operation of a software application on an electronic device.

(b)"Location information" includes past, current, and future location information.

(6)"Location information service" means the provision of a global positioning service or other mapping, location, or directional information service.

(7)"Oral communication" means the same as that term is defined in Section 77-23a-3 .

(8)"Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system.

(9)"Subscriber record" means a record or information that:

(i)is in the possession of a provider of an electronic communication service or a remote computing service;

(ii)is created or maintained by a provider of an electronic communication service or a remote computing service; or

(iii)is received from, or derived from, a record or information originally possessed, created, or maintained by a provider of an electronic communication service or a remote computing service; and

(b)reveals a subscriber's or customer's:

(i)name;

(ii)address;

(iii)local or long distance telephone connection record, or record of session time and duration;

(iv)length of service, including the start date;

(v)type of service used;

(vi)telephone number, instrument number, or other subscriber or customer number or identification, including a temporarily assigned network address; or

(vii)means or source of payment to the electronic communication service or a remote computing service, including a credit card or bank account number.

(10)"Transmitted data" means electronic information that is transmitted wirelessly:

(a)from an electronic device to another electronic device without the use of an intermediate connection or relay; or

(b)from an electronic device to a nearby antenna or from a nearby antenna to an electronic device.

(11)"Wire communication" means the same as that term is defined in Section 77-23a-3 .

Amended by Chapter 338 , 2026 General Session