# Mont. Code Ann. § 46-5-601: 46-5-601 Definitions

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-601

## Section

- **Citation:** Mont. Code Ann. § 46-5-601
- **Heading:** 46-5-601 Definitions
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 46 / Chapter 5 / Part 6 / Section 46-5-601

## Text

46-5-601 . Definitions. As used in this part, the following definitions apply:

(1) "Contents" means any information concerning the substance, purport, or meaning of a communication.

(2) (a) "Electronic communication" means:

(i) any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system; or

(ii) any aural transfer made or stored in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other similar connection between the point of origin and the point of reception, including but not limited to the use of the wire, cable, or other similar connection in a switching station.

(b) The term does not include:

(i) an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation;

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

(iii) a communication from a tracking device, including an electronic or mechanical device that permits the tracking of the movement of a person or object; or

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

(3) "Electronic communication service" means:

(a) a service that provides to users the ability to send or receive electronic communications;

(b) a service that provides to users computer storage or processing services; or

(c) a service that acts as an intermediary in the transmission of electronic communications.

(4) "Governmental entity" means a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency.

(5) (a) "Subscriber record" means a record of or information about an electronic communication service or remote computing service that reveals the subscriber's or customer's:

(i) name;

(ii) address;

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

(iv) length of service, including 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; and

(vii) means and source of payment for the service.

(b) The term does not include customer proprietary network information as defined in 47 U.S.C. 222(h)(1).

## Nearby sections

- [Mont. Code Ann. § 46-5-601 46-5-601 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-601.md)
- [Mont. Code Ann. § 46-5-602 46-5-602 Search warrant or investigative subpoena required](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-602.md)
- [Mont. Code Ann. § 46-5-603 46-5-603 Governmental entities may not purchase data](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-603.md)
- [Mont. Code Ann. § 46-5-605 46-5-605 Notice -- delayed notice](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-605.md)
- [Mont. Code Ann. § 46-5-606 46-5-606 Rules of construction](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-606.md)
- [Mont. Code Ann. § 46-5-607 46-5-607 Admissibility of proof -- violations](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-607.md)
- [Mont. Code Ann. § 46-5-612 46-5-612 Standing to challenge warrant or investigative subpoena](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-612.md)
- [Mont. Code Ann. § 46-5-613 46-5-613 No cause of action against providers](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-613.md)
- [Mont. Code Ann. § 46-5-614 46-5-614 Voluntary disclosure of electronic communications](https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-614.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T46_C5_P6_S46-5-601. Check the current official text before relying on it. Not legal advice.