§ 12-5.2-4 - Assistance in installation and use of pen register or a trap and trace device.
SECTION 12-5.2-4
§ 12-5.2-4 Assistance in installation anduse of pen register or a trap and trace device. – (a) Upon the request of the attorney general, assistant attorney general, orlaw enforcement officer authorized to install and use a pen register under thischapter, a provider of wire communication service shall immediately furnish theattorney general, assistant attorney general, or law enforcement officer allinformation, facilities, and technical assistance necessary to accomplish theinstallation of the pen register unobtrusively, and with a minimum ofinterference with the services that the person so ordered by the court accordsthe party with respect to whom the installation and use is to take place, ifthe assistance is directed by a court order as provided in § 12-5.2-3.
(b) Upon the request of the attorney general, assistantattorney general, or an officer of a law enforcement agency authorized toreceive the results of a trap and trace device under this chapter, a providerof a wire communication service shall immediately install the device on theappropriate line and shall furnish the investigative or law enforcement officerall additional information, facilities, and technical assistance includinginstallation and operation of the device unobtrusively and with a minimum ofinterference with the services that the person so ordered by the court accordsthe party with respect to whom the installation and use is to take place, ifthe installation and assistance is directed by a court order as provided in§ 12-5.2-3. Unless otherwise ordered by the court, the results of the trapand trace device shall be furnished to the attorney general, assistant attorneygeneral, or officer of a law enforcement agency, designated by the court, atreasonable intervals during regular business hours for the duration of theorder.
(c) A provider of a wire communication service who furnishesfacilities or technical assistance pursuant to this section shall be reasonablycompensated for reasonable expenses incurred in providing these facilities andassistance.
(d) No cause of action shall lie in any court against anyprovider of a wire communication service, its officers, employees, or agents,or other specified persons for providing information, facilities, or assistancein accordance with the terms of a court order under this chapter.
(e) Good faith reliance on a court order, a legislativeauthorization, or a statutory authorization shall be an absolute defenseagainst any civil or criminal action brought pursuant to this chapter or anyother law.