A. Except as otherwise provided in this section, no person shall install or use a pen register or a trap and trace device without first obtaining a court order as provided by Section 4 of this act.
B. The prohibition of subsection A of this section shall 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:
1. 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;
2. 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 that service, from fraudulent, unlawful or abusive use of service; or
3. Where the consent of the user of that service has been obtained.
C. Any person knowingly violating the provisions of subsection A of this section, upon conviction, shall be guilty of a misdemeanor and shall be punishable by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment of not more than one (1) year, or by both such fine and imprisonment.
Added by Laws 1988, c. 264, § 2, emerg. eff. June 29, 1988.
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