18-6720 — GENERAL PROHIBITION ON PEN REGISTER AND TRAP AND TRACE DEVICE USE -- EXCEPTION
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TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 67
COMMUNICATIONS SECURITY
18-6720. GENERAL PROHIBITION ON PEN REGISTER AND TRAP AND TRACE DEVICE
USE -- EXCEPTION. (1) Except as provided in section 18-6720 [this section],
Idaho Code, no person may install or use a pen register or a trap and trace
device without first obtaining a court order under section 18-6722, Idaho
Code.
(2) The prohibition of subsection (1) of this section does not apply with
respect to the use of a pen register or a trap and trace device by a provider
of electronic or wire communication service:
(a) Relating to the operation, maintenance, and testing of a wire or
electronic communication service or to the protection of the rights or
property of such provider, or to the protection of users of that service
from abuse of service or unlawful use of service; or
(b) To record the fact that a wire or electronic communication was
initiated or completed in order to protect such provider, another provider
furnishing service toward the completion of the wire communication, or a
user of that service, from fraudulent, unlawful or abusive use of service;
or
(c) Where the consent of the user of that service has been obtained.
(3) Whoever knowingly violates the provisions of subsection (1) of this
section shall be guilty of a misdemeanor.