86-298. Pen register; trap-and-trace device; restrictions on use; penalty.
(1) Except as provided in this section, no person may install or use a pen register or a trap-and-trace device without first obtaining a court order under section 86-2,100. Nothing in sections 86-271 to 86-2,110 shall be construed to prohibit an emergency operator from conducting a trap or trace of a telephone number during an emergency.
(2) The prohibition of subsection (1) of this section shall not apply with respect to the use of a pen register or a trap-and-trace device by a provider:
(a) Relating to the operation, maintenance, and testing of an electronic communication service, 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;
(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 or electronic communication, or a user of such service from fraudulent, unlawful, or abusive use of service; or
(c) When the consent of the user of such service has been obtained.
(3) Any person who knowingly violates subsection (1) of this section is guilty of a Class I misdemeanor.
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