Section 23A-35A-23 - Application of prohibition to provider of wire communication service. - South Dakota Statutes

23A-35A-23. Application of prohibition to provider of wire communication service. The prohibition in § 23A-35A-22 does not apply with respect to the use of a pen register or a trap and trace device by a provider of wire communication service:
(1) Relating to the operation, maintenance, and testing of a wire communication service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service;
(2) To record the fact that a wire 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 that service, from fraudulent, unlawful, or abusive use of service; or
(3) If the consent of the user of that service has been obtained.

Source: SL 1988, ch 194, § 3.