South Carolina Code of Laws
Chapter 30 - Interception Of Wire, Electronic, Or Oral Communications
Section 17-30-25. Interception and disclosure of information by provider of wire or electronic communications service; exceptions when authorized by law.

(A) It is lawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of a wire or electronic communication to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public must not utilize service observing or random monitoring except for mechanical or service quality control checks.
(B) Notwithstanding any other provision of law, a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person may provide information, facilities, or technical assistance to a person authorized by law to intercept wire, oral, or electronic communications if the provider, or an officer, employee, or agent thereof, or landlord, custodian, or other person, has been provided with:
(1) a court order directing such assistance signed by the authorizing judge; or
(2) a certification in writing by a person specified in Section 17-30-95 that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required.
(C) A provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person must not disclose the existence of any interception or the device used to accomplish the interception with respect to which the person has been furnished an order under this chapter, except as may otherwise be required by legal process and then only after prior notice to the Attorney General or his Assistant Attorney General. Any such disclosure renders the person liable for the civil damages provided under Section 17-30-135, and the person may be prosecuted. An action shall not be brought against a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.
HISTORY: 2002 Act No. 339, Section 14, eff July 2, 2002.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 17 - Criminal Procedures

Chapter 30 - Interception Of Wire, Electronic, Or Oral Communications

Section 17-30-10. Interception of wire, electronic, or oral communications authorized.

Section 17-30-15. Definitions.

Section 17-30-20. Prohibited acts.

Section 17-30-25. Interception and disclosure of information by provider of wire or electronic communications service; exceptions when authorized by law.

Section 17-30-30. Interception by employee of Federal Communications Commission, by person acting under color or law, and when party has given prior consent.

Section 17-30-35. Lawful interceptions of electronic communications.

Section 17-30-40. Disclosure of content of communication by provider of electronic communication service.

Section 17-30-45. Use of pen register or trap and trace device.

Section 17-30-50. Penalty for violating Sections 17-30-20 through 17-30-45.

Section 17-30-55. Mailing or manufacturing devices for unlawful interception of wire, oral, or electronic communications.

Section 17-30-60. Seizure and forfeiture.

Section 17-30-65. Admissibility of contents of, or evidence derived from, intercepted communications; contents as public record.

Section 17-30-70. Orders authorizing interception; application process; agencies and individuals authorized to conduct interception.

Section 17-30-75. Disclosure of content of intercepted communication.

Section 17-30-80. Application for interception order; contents; establishing allegations of fact; additional evidence; basis for entry of order.

Section 17-30-85. Information to be specified in order.

Section 17-30-90. Duration and termination of interception; reports to authorizing judge.

Section 17-30-95. Interception prior to obtaining order; oral notification of judge in emergency.

Section 17-30-100. Recording, sealing, custody, and destruction of intercepted communications; notification of and inspection by parties to interception.

Section 17-30-105. Providing copies of intercepted communications to parties as prerequisite to receiving evidence; prejudice as factor in motions to waive time for providing copies and for continuance.

Section 17-30-110. Pretrial motion to suppress; grounds; appeals by State; exclusive remedy.

Section 17-30-115. Interception of communications; requirements relating to specifications of facilities; exceptions.

Section 17-30-120. Determination of facility as prerequisite to interception when facility not specified in order; petition by provider to modify or quash.

Section 17-30-125. On-scene orders to cut or divert telephone lines; grounds; administrative subpoena for production of certain subscriber or customer information; regulations; good faith reliance as defense.

Section 17-30-130. Reporting intercepted communications.

Section 17-30-135. Civil action for wrongful interceptions.

Section 17-30-140. Mobile tracking devices; contents of application for order authorizing use; standards for installation and monitoring; definition.

Section 17-30-145. Surveillance training requirements.