77-23a-16 - Communications provider -- Cooperation and support services -- Compensation -- Liability defense.
77-23a-16. Communications provider -- Cooperation and support services --Compensation -- Liability defense.
(1) Upon the request of an attorney for the government or an officer of a law enforcementagency authorized to install and use pen registers under this chapter, a provider of wire orelectronic communications service, landlord, custodian, or other person shall furnishinvestigative or law enforcement officers forthwith all information, facilities, and technicalassistance necessary to accomplish the installation of the pen register unobtrusively and with aminimum of interference with the services the person ordered by the court accords the partyregarding whom the installation and use is to take place, if such assistance is directed by a courtorder as provided in Subsection 77-23a-15(2)(b) of this chapter.
(2) (a) Upon request of an attorney for the government or an officer of a law enforcementagency authorized to receive the results of a trap and trace device under this chapter, a providerof wire or electronic communications service, landlord, custodian, or other person shall installthe device forthwith on the appropriate line.
(b) He shall also furnish the investigative or law enforcement officer all additionalinformation, facilities, and technical assistance, including installation and operation of the deviceunobtrusively and with a minimum of interference with the services that the person so ordered bythe court accords the party with respect to whom the installation and use is to take place, if theinstallation and assistance is directed by a court order under Section 77-23a-15(2)(b).
(c) Unless otherwise ordered by the court, the results of the trap and trace device shall befurnished to the officer of the law enforcement agency designated by the court, at reasonableintervals and during regular business hours, for the duration of the order.
(3) A provider of wire or electronic communications service, landlord, custodian, orother person who furnishes facilities or technical assistance under this section shall be reasonablycompensated for reasonable expenses incurred in providing the facilities and assistance.
(4) A cause of action does not lie in any court against the provider of wire or electroniccommunications service, its officers, employees, agents, or other specified persons, for providinginformation, facilities, or assistance in accordance with the terms of a court order under thischapter.
(5) A good faith reliance on a court order, a legislative authorization, or a statutoryauthorization, is a complete defense against any civil or criminal action brought under thischapter or any other law.
Enacted by Chapter 251, 1988 General Session