§ 15A-261. Prohibition and exceptions. - North Carolina Statutes

§ 15A‑261.  Prohibitionand exceptions.

(a)        In General. –Except as provided in subsection (b) of this section, no person may install oruse a pen register or a trap and trace device without first obtaining a courtorder as provided in this Article.

(b)        Exception. – Theprohibition of subsection (a) of this section does not apply to the use of apen register or a trap and trace device by a provider of wire or electroniccommunication service:

(1)        Relating to theoperation, maintenance, or testing of a wire or electronic communicationservice or to the protection of the rights or property of the provider, or tothe protection of users of that service from abuse of service or unlawful useof service; or

(2)        To record the factthat a wire or electronic communication was initiated or completed in order toprotect the provider, another provider furnishing service toward the completionof the wire communication, or a user of that service, from fraudulent, unlawfulor abusive use of service; or

(3)        With the consent ofthe user of that service.

(c)        Penalty. – A personwho willfully and knowingly violates subsection (a) of this section is guiltyof a Class 1 misdemeanor. (1987 (Reg. Sess., 1988), c. 1104, s. 1; 1993, c. 539,s. 297; 1994, Ex. Sess., c. 24, s. 14(c).)