46-4-402. Limitations on use of pen register or trap and trace device.
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/mt/title-46/chapter-4/part-4/46-4-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-4-402 . Limitations on use of pen register or trap and trace device.
(1)A person may not install or use a pen register or trap and trace device without a court order obtained under 46-4-403 , except as provided in subsection (2). Subsection
(2)may not be construed to permit a law enforcement agent to operate a pen register or trap and trace device without a court order obtained under 46-4-403 . The use of a pen register or trap and trace device that has the ability to record conversations is prohibited.
(2)Subsection
(1)does not apply to the installation or use of a pen register or trap and trace device by a provider of a wire or electronic communication service:
(a)for the:
(i)operation, maintenance, or testing of the service;
(ii)protection of the rights and property of the provider; or
(iii)protection of a user of the service from abuse of or unlawful use of the service;
(b)to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication, or a user of the service from fraudulent, unlawful, or abusive use of the service; or
(c)if the consent of each person whose originating or transmitted number is recorded or decoded is obtained.
(3)A person who knowingly violates subsection
(1)commits a criminal offense punishable upon conviction by incarceration for a period of up to 6 months and a fine of up to $500.