51-34 Telephone Records Protection
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<![CDATA[CHAPTER 51-34TELEPHONE RECORDS PROTECTION51-34-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Customer" means the person who subscribes to telephone service from a<br>telephone company or in whose name such telephone service is listed and to whom<br>the telephone record pertains.2."Procure" in regard to a telephone record means to obtain by any means, whether<br>electronically, in writing, or in oral form, with or without consideration.3."Telephone" means any device used by a person for voice or other electronic<br>communications, in connection with the services of a telephone company, whether<br>such voice or other electronic communications are transmitted in analog, data, or<br>any other form.4."Telephone company" means any person that provides commercial telephone<br>services to a customer, regardless of the communications technology used to<br>provide such service, including traditional wireline or cable telephone service;<br>cellular, broadband PCS, or other wireless telephone service; microwave, satellite,<br>or other terrestrial telephone service; and voice over internet telephone service.5."Telephone record" means information retained by a telephone company that relates<br>to the telephone number dialed by the customer or other person using the<br>customer's telephone with such customer's permission, the incoming number of a<br>call directed to a customer or other person using the customer's telephone with such<br>customer's permission, or other data related to such call typically contained on a<br>customer's telephone bill, including the times the call started and ended, the duration<br>of the call, the time the call was made, and any charges applied. A telephone record<br>does not include information collected and retained by a customer utilizing caller<br>identification or similar technology or include a carrier network record.51-34-02. Unauthorized or fraudulent procurement, sale, or receipt of telephonerecords prohibited - Criminal penalties - Restitution.1.A person may not:a.Procure, attempt to procure, solicit, or conspire with another to procure, a<br>telephone record of any resident of this state without the authorization of the<br>customer or by fraudulent, deceptive, or false means;b.Sell, or attempt to sell, a telephone record of any resident of this state without<br>the customer's authorization; orc.Receive a telephone record of any resident of this state when such record has<br>been obtained without the customer's authorization or by fraudulent, deceptive,<br>or false means.2.Any person who knowingly violates this section is guilty of a class C felony.3.In addition to any other punishment, a person found guilty of an offense under this<br>section shall make restitution for any financial loss sustained by the customer or any<br>other person who suffered financial loss as the direct result of the offense.51-34-03. Jurisdiction - Conduct outside this state - Venue - Multiple offenses.Page No. 11.Notwithstanding section 29-03-01.1, a person who, while outside this state, engages<br>in conduct in violation of section 51-34-02 is subject to prosecution under this<br>chapter in the courts of this state. Except as provided in subsection 2, the venue is<br>in the county in which the customer or victim resides or any other county in which<br>any part of the crime occurred.2.When a person commits violations of this section in more than one county involving<br>either one or more customers or victims or the commission of acts constituting an<br>elementoftheoffense,themultipleoffensesmaybeconsolidated forcommencement of prosecution in any county where one of the offenses was<br>committed.51-34-04. Nonapplicability to valid legal process and law enforcement.1.This chapter does not apply to any person acting pursuant to a valid court order,<br>warrant, or subpoena, a subpoena by the attorney general pursuant to this chapter<br>or chapter 51-15, or other valid legal process.2.This chapter does not prevent any action by a law enforcement agency, or any<br>officer, employee, or agent of such agency, to obtain telephone records in<br>connection with the performance of the official duties of the agency as authorized by<br>law.51-34-05. Permitted use by telephone companies.1.This chapter does not prohibit a telephone company from obtaining, using,<br>disclosing, or permitting access to any telephone record, either directly or indirectly<br>through its agents or contractors:a.As otherwise authorized by law;b.With the lawful consent of the customer;c.As may be necessarily incident to the rendition of the service or to the<br>protection of the rights or property of the telephone company, or to protect the<br>customer of those services and other carriers from fraudulent, abusive, or<br>unlawful use of, or subscription to, such services;d.To a governmental entity, if the telephone company reasonably believes that an<br>emergency involving immediate danger of death or serious physical injury to<br>any person justifies disclosure of the information; ore.To the national center for missing and exploited children, in connection with a<br>report submitted thereto under section 227 of the Victims of Child Abuse Act of<br>1990.2.This chapter does not apply to or expand upon the obligations and duties of any<br>telephone company to protect telephone records beyond those otherwise<br>established by federal law or state law or both as set forth in section 51-34-06.3.This chapter does not apply to a telephone company, and its agents or<br>representatives, who reasonably and in good faith act pursuant to subsection 2,<br>notwithstanding any later determination that the action was not in fact authorized.51-34-06. Information security - No private claim for relief.1.Telephone companies that maintain telephone records of a resident of this state<br>shall establish reasonable procedures to protect against unauthorized or fraudulentPage No. 2disclosure of the records which could result in substantial harm or inconvenience to<br>a customer.2.This section does not authorize a private claim for relief for a violation of this section.51-34-07. Deceptive act or practice - Enforcement - Powers - Remedies - Venue.The state's attorney or attorney general may enforce this chapter. In enforcing this chapter, the<br>attorney general has all the powers provided in chapter 51-15 and may seek all the remedies in<br>chapter 51-15. A violation of this chapter is a violation of chapter 51-15. The remedies, duties,<br>prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes<br>of action, remedies, and penalties under chapter 51-15 and as otherwise provided by law. The<br>attorney general may bring an action pursuant to this section in either the county of the<br>customer's residence or Burleigh County.Page No. 3Document Outlinechapter 51-34 telephone records protection]]>