638.51
Effective Jan 1, 2016Added by Stats. 2015, Ch. 204, Sec. 2. (AB 929) Effective January 1, 2016.
- (a) Except as provided in subdivision (b), a person may not install or use a pen register or a trap and trace device without first obtaining a court order pursuant to Section 638.52 or 638.53.
(b) A provider of electronic or wire communication service may use a pen register or a trap and trace device for any of the following purposes:
- (1) To operate, maintain, and test a wire or electronic communication service.
- (2) To protect the rights or property of the provider.
- (3) To protect users of the service from abuse of service or unlawful use of service.
- (4) To record the fact that a wire or electronic communication was initiated or completed to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service.
- (5) If the consent of the user of that service has been obtained.
- (c) A violation of this section is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
- (d) A good faith reliance on an order issued pursuant to Section 638.52, or an authorization made pursuant to Section 638.53, is a complete defense to a civil or criminal action brought under this section or under this chapter.