5771 - General prohibition on use of certain devices and exception.
SUBCHAPTER E PEN REGISTERS, TRAP AND TRACE DEVICES AND TELECOMMUNICATION IDENTIFICATION INTERCEPTION DEVICES Sec. 5771. General prohibition on use of certain devices and exception. 5772. Application for an order for use of certain devices. 5773. Issuance of an order for use of certain devices. 5774. Assistance in installation and use of certain devices. 5775. Reports concerning certain devices. Enactment. Subchapter E was added October 21, 1988, P.L.1000, No.115, effective immediately. Subchapter Heading. The heading of Subchapter E was amended February 18, 1998, P.L.102, No.19, effective immediately. Cross References. Subchapter E is referred to in section 5704 of this title. § 5771. General prohibition on use of certain devices and exception. (a) General rule.--Except as provided in this section, no person may install or use a pen register or a trap and trace device or a telecommunication identification interception device without first obtaining a court order under section 5773 (relating to issuance of an order for use of certain devices). (b) Exception.--The prohibition of subsection (a) does not apply with respect to the use of a pen register, a trap and trace device or a telecommunication identification interception 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 the provider, or to the protection of users of the 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 the provider, another provider furnishing service toward the completion of the wire communication or a user of the service from fraudulent, unlawful or abusive use of service; or (3) with the consent of the user of the service. (b.1) Limitation.--A government agency authorized to install and use a pen register under this chapter shall use technology reasonably available to it that restricts the recording or decoding of electronic or other impulses to the dialing and signaling information utilized in call processing. (c) Penalty.--Whoever intentionally and knowingly violates subsection (a) is guilty of a misdemeanor of the third degree. (Feb. 18, 1998, P.L.102, No.19, eff. imd.) Cross References. Section 5771 is referred to in section 5773 of this title.