Sec. 0.5. The following definitions apply throughout this chapter:
(1) "Electronic communication service" means a service that provides users with the ability to send or receive wire or electronic communications.
(2) "Electronic storage" means any storage of electronic user data on a computer, computer network, or computer system regardless of whether the data is subject to recall, further manipulation, deletion, or transmission. "Electronic storage" includes any storage or electronic communication by an electronic communication service or a remote computing service.
(3) "Electronic user data" means any data or records that are in the possession, care, custody, or control of a provider of an electronic communication service, a remote computing service, or any other service or program that stores, uses, collects, or safeguards electronic user data.
(4) "Governmental entity" has the meaning set forth in IC 35-31.5-2-144. For purposes of this chapter, "governmental entity" also includes a person authorized to act on behalf of a state or local agency.
(5) "Intercept" means to acquire geolocation data through the use of an electronic device, mechanical device, or other device.
(6) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communication service.
(7) "Use of an unmanned aerial vehicle" means the use of an unmanned aerial vehicle by a law enforcement officer to obtain evidence relevant to the enforcement of statutes, rules, or regulations. The term includes:
(A) the interception of wire, electronic, or oral communications; and
(B) the capture, collection, monitoring, or viewing of images.
(8) "User" means any person who:
(A) uses an electronic communication service, remote computing service, geolocation information service, or an electronic device; and
(B) may or may not be the person or entity having legal title, claim, or right to the electronic device or electronic user data.
As added by P.L.170-2014, SEC.16. Amended by P.L.107-2017, SEC.5.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 33. Preliminary Proceedings
35-33-5-0.1. Application of Certain Amendments to Chapter
35-33-5-2. Affidavit; Descriptions; Information to Establish Credibility of Hearsay; Form
35-33-5-4. Return; Initial Disposition of Property Seized
35-33-5-6. Dead Body; Search of Building or Place; Affidavit
35-33-5-7. Execution of Search Warrant; Forcible Entry; Wrongful Entry; Recovery of Damages
35-33-5-8. Issue of Warrant Without Affidavit; Types of Sworn Testimony; Procedures; Perjury
35-33-5-9. Unmanned Aerial Vehicles; Search Warrant; Exceptions
35-33-5-10. Admissibility of Evidence; Unmanned Aerial Vehicles
35-33-5-11. Electronic User Data Held in Electronic Storage
35-33-5-12. Use of Real Time Tracking Instruments; Geolocation Information
35-33-5-13. Immunity From Civil or Criminal Liability