Comprehensive Overview (state-by-state) of the Legal Impact of wiretapping:

Wyoming

Current status

Wyoming has an interception statute based on the Federal Wiretapping Act, adopting the same provisions and definitions. Wyoming is thus an “one party consent state” with regard to intercepting, using and disclosing private communications, either oral, wired or electronic.

Wyoming also has voyeurism statute, which prohibits individuals from invading the privacy of others in areas where they may reasonably have an expectation of privacy.

Impact of law

In Wyoming it is lawful for a person to record an oral conversation or communication in which he or she is a party without the consent and without notifying the other parties. The same is valid for wire and electronic communications, defined as “any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature”. One can thus lawfully record any email, text messages, chat content and other online interactions in which he or she is a participant.

Under the voyeurism law, it is unlawful for a person to look in a clandestine, surreptitious, prying or secretive nature into an enclosed area where the person being viewed has a reasonable expectation of privacy and it is an aggravated offense intentionally capture an image without the viewed person’s consent.

References to Physical TSCM

The interception statute references the use of any electronic, mechanical or other device.

References to Cyber TSCM

While “electronic communication”, defined as “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 photo-optical system” is subject of the law, it is reasonable to asses that cyber means of intercepting such information transfers are also addressed by the law.

Criminal implications

Any person who violates the interception statute is guilty of a felony punishable by a fine of up to $1,000, imprisonment for up to 5 years, or both. If the interception is of the radio portion of a cellular telephone communication or similar, the violation is a misdemeanor punishable by a fine of up to $750.00, imprisonment for up to 6 months, or both.

Violations of the voyeurism laws are misdemeanors punishable by imprisonment for not more than 6 months or a fine of up to $750, unless images of the viewed person are captured, in which case the violation is a felony punishable by imprisonment for not more than 2 years, a fine of up to $5,000.00, or both.

Civil implications

Anyone whose wire, oral or electronic communication is intercepted, disclosed or used in violation of the state law may recover damages against any person who intercepts, in the form of actual damages, not less than $1,000 a day for each day of violation, Punitive damages; and attorney’s fees and other litigation costs

Code excerpts

Wyo. Stat. Ann. 7-3-702[1].Prohibition against interception or disclosure of wire, oral or electronic communications; exceptions; penalties

(a)Except as provided in subsection (b) of this section, no person shall intentionally:

(i)Intercept, attempt to intercept, or procure any other person to intercept or attempt to intercept any wire, oral or electronic communication;

(ii) Use, attempt to use, or procure any other person to use or attempt to use any electronic, mechanical or other device to intercept any oral communication when:

(A)Such device is affixed to, or otherwise transmits a signal through, a wire, cable or other like connection used in wire communication; or

(B)Such device transmits communications by radio or interferes with the transmission of such communication.

(iii)Disclose or attempt to disclose to another person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral or electronic communication in violation of this section;

(iv)Use or attempt to use the contents of any wire, oral or electronic communication knowing or having reason to know that the information was obtained through the interception of a wire, oral or electronic communication in violation of this section;

(b) Nothing in subsection (a) of this section prohibits:

(iv) Any person from intercepting an oral, wire or electronic communication where the person is a party to the communication or where one (1) of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act;

(f)Except as otherwise provided in this subsection, any person who violates this section is guilty of a felony punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than five (5) years, or both. If the intercepted communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless handset and the base unit, a public land mobile radio service communication or a paging service communication, a violation of this section is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

Wyo. Stat. Ann. 7-3-701. Definitions.

(v)”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 photo-optical system […]

(viii)”Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire, oral or electronic communication […]

7-3-710.Recovery of civil damages for violations; good faith defense.

(a) Subject to W.S. 7-3-702(b)(ii), any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act may recover damages against any person who intercepts, discloses, uses or procures any other person to intercept, disclose or use the communications as follows:

(i)Actual damages but not less than one thousand dollars ($1,000.00) a day for each day of violation;

(ii)Punitive damages; and

(iii)Reasonable attorney’s fees and other litigation costs reasonably incurred

Wyo. Stat. Ann. 6-4-304[2]. Voyeurism; penalties.

(a) A person is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if he, without the consent of the person being viewed, commits the crime of voyeurism by looking in a clandestine, surreptitious, prying or secretive nature into an enclosed area where the person being viewed has a reasonable expectation of privacy, including, but not limited to:

(I) Restrooms;

(ii) Baths;

(iii) Showers; or

(iv) Dressing or fitting rooms.

(b) A person is guilty of a felony punishable by imprisonment for not more than two (2) years, a fine of not more than five thousand dollars ($5,000.00), or both, if he:

(I) Commits the offense specified in subsection (a) of this section by knowingly or intentionally capturing an image by means of a camera, a video camera or any other image recording device;

 

 

[1] Source: http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title7/T7CH3AR7.htm

[2] Source: http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title6/Title6.htm