18.2-190.1 - Definitions. - Virginia Statutes

§ 18.2-190.1. Definitions.

As used in this article, unless the context requires a different meaning:

"Electronic communication device" means (i) any type of instrument, device,machine, equipment or software that is capable of transmitting, acquiring,encrypting, decrypting or receiving any signs, signals, writings, images andsounds or intelligence of any nature by wire, radio, optical or otherelectromagnetic systems or (ii) any part, accessory or component of such aninstrument, device, machine, equipment or software, including, but notlimited to, any computer circuit, computer chip, security module, smart card,electronic mechanism, or other component, accessory or part, that is capableof facilitating the transmission, acquisition, encryption, decryption orreception of signs, signals, writings, images, and sounds or intelligence ofany nature by wire, radio, optical or other electromagnetic systems.

"Electronic communication service" means any service provided for a chargeor compensation to facilitate the lawful origination, transmission, emissionor reception of signs, signals, writings, images and sounds or intelligenceof any nature through the use of an electronic communication device as thatterm is defined in this section.

"Electronic communication service provider" means any person or entityproviding any electronic communication service including (i) any person orentity owning or operating any cable television, satellite, Internet-based,telephone, wireless, microwave, fiber optic, data transmission or radiodistribution network, system or facility; (ii) any person or entity that fora fee supplies equipment or services to an electronic communication serviceprovider; and (iii) any person or entity providing an electroniccommunication service directly or indirectly using any of the systems,networks, or facilities described in clause (i).

"Equipment or materials used to manufacture an unlawful electroniccommunication device" means (i) a scanner capable of intercepting theelectronic serial number or mobile identification number of a cellular orother wireless telephone; (ii) electronic software or hardware capable ofaltering or changing the factory-installed electronic serial number of acellular or other wireless telephone or a computer containing such software;(iii) a list of cellular or other wireless telephone electronic serialnumbers with their associated mobile identification numbers; or (iv) a part,accessory or component of an unlawful electronic communications devicepossessed or used in the manufacture of such device including any electronicserial number, computer software, mobile identification number, serviceaccess card, account number, or personal identification number used toacquire, receive, use, decrypt or transmit an electronic communicationservice without the actual consent or knowledge of the electroniccommunication service provider.

"Manufacture of an unlawful electronic communication device" means to make,produce or assemble an unlawful electronic communication device, or tomodify, alter, program or reprogram an electronic communication device to becapable of performing any of the illegal functions of an unlawful electroniccommunication device as that term is defined in this section.

"Sell" means to sell, exchange, lease, give or dispose of to another or tooffer or agree to do the same.

"Unlawful electronic communication device" means any electroniccommunication device that has been manufactured, designed, developed,altered, modified, programmed or reprogrammed, alone or in conjunction withanother electronic communication device, so as to be capable of facilitatingthe disruption, acquisition, receipt, transmission, retransmission ordecryption of an electronic communication service without the actual consentor knowledge of the electronic communication service provider. Such unlawfuldevices include, but are not limited to (i) any device, technology, product,service, equipment, computer software, or any component or part thereof,primarily distributed, sold, designed, assembled, developed, manufactured,modified, programmed, reprogrammed or used for the purpose of facilitatingthe unauthorized receipt of, transmission of, disruption of, decryption of,access to, or acquisition of any electronic communication service provided byany electronic communication service provider; and (ii) any type ofinstrument, device, machine, equipment, technology, or software that isprimarily designed, assembled, manufactured, developed, sold, distributed,possessed, used or offered, promoted or advertised for the purpose ofdefeating or circumventing any technology, device or software, or anycomponent or part thereof, used by the provider, owner or licensee of anyelectronic communication service or of any data, audio or video programs ortransmissions, to protect any such electronic communication, data, audio orvideo services, programs or transmissions from unauthorized receipt,acquisition, access, decryption, disclosure, communication, transmission orretransmission.

(1993, c. 439; 1998, c. 518; 2002, c. 671; 2003, c. 354.)