19.2-70.1 - General prohibition on pen register and trap and trace device use; exceptions.
§ 19.2-70.1. General prohibition on pen register and trap and trace deviceuse; exceptions.
Except as provided in this section, no person may install or use a penregister or a trap and trace device without first obtaining a court orderunder § 19.2-70.2.
However, a court order shall not be required for use of a pen register ortrap and trace device by a provider of electronic or wire communicationservice (i) relating to the operation, maintenance, and testing of a wire orelectronic communication service or to the protection of the rights orproperty of the provider, or to the protection of users of that service fromabuse of service or unlawful use of service; (ii) to record the fact that awire or electronic communication was initiated or completed in order toprotect such provider, another provider furnishing service toward thecompletion of the wire communication, or a user of that service, fromfraudulent, unlawful or abusive use of service; or (iii) where the consent ofthe user of that service has been obtained.
Any person who knowingly violates this section shall be guilty of a Class 1misdemeanor.
(1988, c. 889.)