18-6723. ASSISTANCE IN INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE DEVICE. (1) Upon the request of the prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant, investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in section 18-6722, Idaho Code.
(2) Upon the request of a prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in section 18-6722(2)(b), Idaho Code. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court, at reasonable intervals during regular business hours for the duration of the order.
(3) A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
(4) No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.
(5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.
History:
[18-6723, added 1987, ch. 215, sec. 5, p. 463.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 67 - COMMUNICATIONS SECURITY
Section 18-6701 - DEFINITIONS.
Section 18-6702 - INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS PROHIBITED.
Section 18-6704 - CONFISCATION OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES.
Section 18-6706 - AUTHORIZATION FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Section 18-6708 - PROCEDURE FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Section 18-6709 - RECOVERY OF CIVIL DAMAGES AUTHORIZED.
Section 18-6711A - FALSE ALARMS — COMPLAINTS — REPORTS — PENALTIES — CIVIL DAMAGES.
Section 18-6712 - PLACE OF OFFENSE.
Section 18-6713 - THEFT OF TELECOMMUNICATION SERVICES.
Section 18-6714 - AIDING THE AVOIDANCE OF TELECOMMUNICATIONS CHARGES.
Section 18-6715 - FORGERY OF TELEGRAPHIC MESSAGES.
Section 18-6716 - OPENING TELEGRAMS.
Section 18-6717 - REFUSAL TO SEND OR DELIVER TELEGRAPH MESSAGE.
Section 18-6718 - OPENING SEALED MAIL OR PACKAGES.
Section 18-6719 - DEFINITIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES.
Section 18-6720 - GENERAL PROHIBITION ON PEN REGISTER AND TRAP AND TRACE DEVICE USE — EXCEPTION.
Section 18-6721 - APPLICATION FOR AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Section 18-6722 - ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Section 18-6723 - ASSISTANCE IN INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE DEVICE.