2007 Minnesota Statutes

CHAPTER 626A. PRIVACY OF COMMUNICATIONS

626A.01 DEFINITIONS.
    Subdivision 1. Terms. As used in this chapter, the terms defined in this section have the
meanings given them.
    Subd. 2. Person. "Person" means any individual, partnership, corporation, joint stock
company, trust, or association, including but not limited to, the subscriber to the telephone or
telegraph service involved and any law enforcement officer.
    Subd. 3. Wire communications. "Wire communication" means any aural transfer made in
whole or in part through the use of facilities for the transmission of communications by the aid
of wire, cable, or other like connection between the point of origin and the point of reception,
including the use of such connection in a switching station. "Wire communication" includes
any electronic storage of the communication.
    Subd. 4. Oral communication. "Oral communication" means any oral communication
uttered by a person exhibiting an expectation that such communication is not subject to
interception under circumstances justifying such expectation, but the term does not include any
electronic communication.
    Subd. 5. Intercept. "Intercept" means the aural or other acquisition of the contents of any
wire, electronic, or oral communication through the use of any electronic, mechanical, or other
device.
    Subd. 6. Electronic, mechanical or other device. "Electronic, mechanical, or other
device" means any device or apparatus which can be used to intercept a wire, electronic, or oral
communication other than:
(a) any telephone or telegraph instrument, equipment or facility, or any component thereof,
(i) furnished to the subscriber or user by a provider or wire or electronic communications service
in the ordinary course of its business and being used by the subscriber or user in the ordinary
course of its business or furnished by a subscriber or user for connection to the facilities of
service and used in the ordinary course of its business; or (ii) being used by a communications
common carrier in the ordinary course of its business, or by an investigative or law enforcement
officer in the ordinary course of duties;
(b) a hearing aid or similar device being used to correct subnormal hearing to not better
than normal;
(c) that which is specifically designed to only record conversations to which the operator of
the device is a party;
(d) that which is used in the normal course of broadcasting by radio or television; or
(e) that which is otherwise commonly used for a purpose or purposes other than overhearing
or recording conversations.
In determining whether a device which is alleged to be an electronic, mechanical, or other
device is, in fact, such a device there shall be taken into account, among other things, the size,
appearance, directivity, range, sensitivity, frequency, power, or intensity, and the representations
of the maker or manufacturer as to its performance and use.
    Subd. 7. Investigative or law enforcement officer. "Investigative or law enforcement
officer" means any officer of the United States or of a state or political subdivision thereof, or a
University of Minnesota peace officer who is empowered by law to conduct investigations of
or to make arrests for offenses enumerated in this chapter, or any attorney authorized by law to
prosecute or participate in the prosecution of such offenses.
    Subd. 8. Contents. "Contents," when used with respect to any wire, electronic, or oral
communication, includes any information concerning the substance, purport, or meaning of
that communication.
    Subd. 9. Aggrieved person. "Aggrieved person" means a person who was a party to any
intercepted wire, electronic, or oral communication or a person against whom the interception
was directed.
    Subd. 10. Manufacturer. "Manufacturer" means any person who is engaged in the business
of manufacturing electronic, mechanical or other devices, or who otherwise produces any such
device for sale or distribution.
    Subd. 11. Dealer. "Dealer" means any person not a manufacturer who is engaged in the
business of selling electronic, mechanical or other devices. The term "dealer" shall include
wholesalers, retailers and dealers in used intercepting devices.
    Subd. 12. Bureau. "Bureau" means the Bureau of Criminal Apprehension.
    Subd. 13. Communications common carrier. "Communications common carrier" means
any individual, partnership, corporation, or association which provides telephone or telegraph
service to subscribers or users pursuant to tariffs on file with the Minnesota Public Utilities
Commission or the Federal Communications Commission.
    Subd. 14. Electronic communication. "Electronic communication" means transfer of signs,
signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part
by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:
(1) a wire or oral communication;
(2) a communication made through a tone-only paging device; or
(3) a communication from a tracking device, defined as an electronic or mechanical device
which permits the tracking of the movement of a person or object.
    Subd. 15. User. "User" means a person or entity who:
(1) uses an electronic communication service; and
(2) is duly authorized by the provider of the service to engage in the use.
    Subd. 16. Electronic communications system. "Electronic communications system" means
a wire, radio, electromagnetic, photooptical, or photoelectronic facility for the transmission
of electronic communications, and a computer facility or related electronic equipment for the
electronic storage of communications.
    Subd. 17. Electronic communication service. "Electronic communication service" means
a service that provides to users of the service the ability to send or receive wire or electronic
communications.
    Subd. 18. Readily accessible to the general public. "Readily accessible to the general
public" means, with respect to a radio communication, that the communication is not:
(1) scrambled or encrypted;
(2) transmitted using modulation techniques whose essential parameters have been withheld
from the public with the intention of preserving the privacy of the communication;
(3) carried on a subcarrier or other signal subsidiary to a radio transmission;
(4) transmitted over a communication system provided by a common carrier, unless the
communication is a tone-only paging system communication; or
(5) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or
part 94 of title 47 of the Code of Federal Regulations, unless in the case of a communication
transmitted on a frequency allocated under part 74 of title 47 of the Code of Federal Regulations
that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way
voice communication by radio.
    Subd. 19. Electronic storage. "Electronic storage" means:
(1) a temporary, intermediate storage of a wire or electronic communication incidental to the
electronic transmission of the communication; and
(2) a storage of communication described in clause (1) by an electronic communication
service for purposes of backup protection of the communication.
    Subd. 20. Aural transfer. "Aural transfer" means a transfer containing the human voice at
any point between and including the point of origin and the point of reception.
History: 1969 c 953 s 1; 1977 c 82 s 6; 1980 c 614 s 123; 1986 c 444; 1988 c 577 s 1-13,62;
1989 c 336 art 2 s 8; 1990 c 455 s 1,2; 1991 c 199 art 2 s 1

626A.02 INTERCEPTION AND DISCLOSURE OF WIRE OR ORAL
COMMUNICATIONS PROHIBITED.
    Subdivision 1. Offenses. Except as otherwise specifically provided in this chapter any
person who:
(a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept
or endeavor to intercept, any wire, electronic, or oral communication;
(b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to
use any electronic, mechanical, or other device to intercept any oral communication when:
(i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other
like connection used in wire communication; or
(ii) such device transmits communications by radio, or interferes with the transmission of
such communication;
(c) intentionally discloses, or endeavors to disclose, to any other person the contents of any
wire, electronic, or oral communication, knowing or having reason to know that the information
was obtained through the interception of a wire, electronic, or oral communication in violation of
this subdivision; or
(d) intentionally uses, or endeavors to use, the contents of any wire, electronic, or oral
communication, knowing or having reason to know that the information was obtained through the
interception of a wire, electronic, or oral communication in violation of this subdivision; shall be
punished as provided in subdivision 4, or shall be subject to suit as provided in subdivision 5.
    Subd. 2. Exemptions. (a) It is not unlawful 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 communication, to intercept,
disclose, or use that communication in the normal course of employment while engaged in any
activity which is a necessary incident to the rendition of 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 shall not utilize service observing or random monitoring except for mechanical
or service quality control checks.
(b) It is not unlawful under this chapter for an officer, employee, or agent of the Federal
Communications Commission, in the normal course of employment and in discharge of the
monitoring responsibilities exercised by the commission in the enforcement of chapter 5 of
title 47 of the United States Code, to intercept a wire or electronic communication, or oral
communication transmitted by radio, or to disclose or use the information thereby obtained.
(c) It is not unlawful under this chapter for a person acting under color of law to intercept a
wire, electronic, or oral communication, where such person is a party to the communication or
one of the parties to the communication has given prior consent to such interception.
(d) It is not unlawful under this chapter for a person not acting under color of law to intercept
a wire, electronic, or oral communication where such person is a party to the communication or
where one of the parties to the communication has given prior consent to such interception unless
such communication is intercepted for the purpose of committing any criminal or tortious act in
violation of the constitution or laws of the United States or of any state.
(e) It is not a violation of this chapter for a person:
(1) to intercept or access an electronic communication made through an electronic
communication system that is configured so that the electronic communication is readily
accessible to the general public;
(2) to intercept any radio communication that is transmitted:
(i) by a station for the use of the general public, or that relates to ships, aircraft, vehicles,
or persons in distress;
(ii) by a governmental, law enforcement, civil defense, private land mobile, or public safety
communications system, including police and fire, readily accessible to the general public;
(iii) by a station operating on an authorized frequency within the bands allocated to the
amateur, citizens band, or general mobile radio services; or
(iv) by a marine or aeronautical communications system;
(3) to engage in any conduct which:
(i) is prohibited by section 553 of title 47 of the United States Code; or
(ii) is excepted from the application of section 605(a) of title 47 of the United States Code by
section 605(b) of that title;
(4) to intercept a wire or electronic communication the transmission of which is causing
harmful interference to any lawfully operating station or consumer electronic equipment, to the
extent necessary to identify the source of such interference; or
(5) for other users of the same frequency to intercept any radio communication made through
a system that utilizes frequencies monitored by individuals engaged in the provision or the use of
such system, if the communication is not scrambled or encrypted.
(f) It is not unlawful under this chapter:
(1) to use a pen register or a trap and trace device as those terms are defined by section
626A.39; or
(2) for a provider of electronic communication service to record the fact that a wire or
electronic communication was initiated or completed in order to protect the provider, another
provider furnishing service toward the completion of the wire or electronic communication, or a
user of that service, from fraudulent, unlawful, or abusive use of the service.
(g) It is not unlawful under this chapter for a person not acting under color of law to
intercept the radio portion of a cordless telephone communication that is transmitted between
the cordless telephone handset and the base unit if the initial interception of the communication
was obtained inadvertently.
    Subd. 3. Disclosing communications. (a) Except as provided in paragraph (b), a person or
entity providing an electronic communications service to the public must not intentionally divulge
the contents of any communication other than one to the person or entity, or an agent of the person
or entity, while in transmission on that service to a person or entity other than an addressee or
intended recipient of the communication or an agent of the addressee or intended recipient.
(b) A person or entity providing electronic communication service to the public may divulge
the contents of a communication:
(1) as otherwise authorized in subdivision 2, paragraph (a), and section 626A.09;
(2) with the lawful consent of the originator or any addressee or intended recipient of the
communication;
(3) to a person employed or authorized, or whose facilities are used, to forward the
communication to its destination; or
(4) that were inadvertently obtained by the service provider in the normal course of business
if there is reason to believe that the communication pertains to the commission of a crime, if
divulgence is made to a law enforcement agency.
    Subd. 4. Penalties. (a) Except as provided in paragraph (b) or in subdivision 5, whoever
violates subdivision 1 shall be fined not more than $20,000 or imprisoned not more than five
years, or both.
(b) If the offense is a first offense under paragraph (a) and is not for a tortious or illegal
purpose or for purposes of direct or indirect commercial advantage or private commercial gain,
and the wire or electronic communication with respect to which the offense under paragraph (a) is
a radio communication that is not scrambled or encrypted, then:
(1) if the communication is not the radio portion of a cellular telephone communication, a
public land mobile radio service communication, a cordless telephone communication transmitted
between the cordless telephone handset and the base unit, or a paging service communication, and
the conduct is not that described in subdivision 5, the offender shall be fined not more than $3,000
or imprisoned not more than one year, or both; and
(2) if the communication is the radio portion of a cellular telephone communication, a public
land mobile radio service communication, a cordless telephone communication transmitted
between the cordless telephone handset and the base unit, or a paging service communication, the
offender shall be fined not more than $500.
(c) Conduct otherwise an offense under this subdivision that consists of or relates to the
interception of a satellite transmission that is not encrypted or scrambled and that is transmitted:
(1) to a broadcasting station for purposes of retransmission to the general public; or
(2) as an audio subcarrier intended for redistribution to facilities open to the public, but not
including data transmissions or telephone calls,
is not an offense under this subdivision unless the conduct is for the purposes of direct or indirect
commercial advantage or private financial gain.
    Subd. 5. Civil action. (a)(1) If the communication is:
(i) a private satellite video communication that is not scrambled or encrypted and the
conduct in violation of this chapter is the private viewing of that communication and is not for a
tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private
commercial gain; or
(ii) a radio communication that is transmitted on frequencies allocated under subpart D of
part 74 of title 47 of the Code of Federal Regulations and that is not scrambled or encrypted and
the conduct in violation of this chapter is not for a tortious or illegal purpose or for purposes
of direct or indirect commercial advantage or private commercial gain, then the person who
engages in such conduct is subject to suit by the county or city attorney in whose jurisdiction
the violation occurs.
(2) In an action under this subdivision:
(i) if the violation of this chapter is a first offense for the person under subdivision 4,
paragraph (a), and the person has not been found liable in a civil action under section 626A.13,
the city or county attorney is entitled to seek appropriate injunctive relief; and
(ii) if the violation of this chapter is a second or subsequent offense under subdivision 4,
paragraph (a), or the person has been found liable in a prior civil action under section 626A.13,
the person is subject to a mandatory $500 civil fine.
(b) The court may use any means within its authority to enforce an injunction issued under
paragraph (a), clause (2)(i), and shall impose a civil fine of not less than $500 for each violation
of such an injunction.
History: 1969 c 953 s 2; 1984 c 628 art 3 s 11; 1986 c 444; 1988 c 577 s 14-18,62; 1989 c
336 art 1 s 1; art 2 s 8; 1990 c 455 s 3,4; 1991 c 199 art 2 s 1

626A.03 MANUFACTURE, DISTRIBUTION, POSSESSION, AND ADVERTISING OF
WIRE OR ORAL COMMUNICATION INTERCEPTING DEVICES PROHIBITED.
    Subdivision 1. Acts; penalties. Except as otherwise specifically provided in this chapter, any
person who intentionally:
(a) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device,
knowing or having reason to know that the design of such device renders it primarily useful for
the purpose of the surreptitious interception of wire, electronic, or oral communications;
(b) places in any newspaper, magazine, handbill, or other publication any advertisement of:
(i) any electronic, mechanical, or other device knowing or having reason to know that the
design of such device renders it primarily useful for the purpose of the surreptitious interception
of wire, electronic, or oral communications; or
(ii) any other electronic, mechanical, or other device, where such advertisement promotes
the use of such device for the purposes of the surreptitious interception of wire, electronic, or
oral communications,
shall be fined not more than $20,000 or imprisoned not more than five years, or both.
    Subd. 2. Offenses. It is not unlawful under this section for:
(a) a provider of wire or electronic communications service or an officer, agent or employee
of, or a person under contract with, a provider, in the normal course of the business of providing
that wire or electronic communications service; or
(b) an officer, agent, or employee of, or a person under contract with, the United States, a
state, or a political subdivision thereof, in the normal course of the activities of the United States,
a state, or a political subdivision thereof, to manufacture, assemble, possess, or sell any electronic,
mechanical, or other device knowing or having reason to know that the design of such device
renders it primarily useful for the purpose of the surreptitious interception of wire, electronic, or
oral communication.
History: 1969 c 953 s 3; 1984 c 628 art 3 s 11; 1988 c 577 s 19,20,62; 1989 c 336 art
2 s 8; 1991 c 199 art 2 s 1

626A.04 PROHIBITION OF USE AS EVIDENCE OF INTERCEPTED WIRE, ORAL,
OR ELECTRONIC COMMUNICATIONS.
Whenever any wire, oral, or electronic communication has been intercepted, no part of the
contents of such communication and no evidence derived therefrom may be received in evidence
in any trial, hearing, or other proceeding in or before any court or grand jury if the disclosure of
that information would be in violation of this chapter.
History: 1969 c 953 s 4; 1988 c 577 s 62; 1989 c 336 art 1 s 2; art 2 s 8; 1990 c 426 art 2 s 1

626A.05 AUTHORIZATION FOR INTERCEPTION OF WIRE OR ORAL
COMMUNICATIONS.
    Subdivision 1. Application for warrant. The attorney general or a county attorney of
any county may make application as provided in section 626A.06, to a judge of the district
court, of the Court of Appeals, or of the Supreme Court for a warrant authorizing or approving
the interception of wire, electronic, or oral communications by investigative or law enforcement
officers having responsibility for the investigation of the offense as to which the application is
made. No court commissioner shall issue a warrant under this chapter.
    Subd. 2. Offenses for which interception of wire or oral communication may be
authorized. A warrant authorizing interception of wire, electronic, or oral communications by
investigative or law enforcement officers may only be issued when the interception may provide
evidence of the commission of, or of an attempt or conspiracy to commit, any of the following
offenses:
(1) a felony offense involving murder, manslaughter, assault in the first, second, and third
degrees, aggravated robbery, kidnapping, criminal sexual conduct in the first, second, and third
degrees, prostitution, bribery, perjury, escape from custody, theft, receiving stolen property,
embezzlement, burglary in the first, second, and third degrees, forgery, aggravated forgery,
check forgery, or financial transaction card fraud, as punishable under sections 609.185, 609.19,
609.195, 609.20, 609.221, 609.222, 609.223, 609.2231, 609.245, 609.25, 609.321 to 609.324,
609.342, 609.343, 609.344, 609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause (1),
609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 609.821, and 609.825;
(2) an offense relating to gambling or controlled substances, as punishable under section
609.76 or chapter 152; or
(3) an offense relating to restraint of trade defined in section 325D.53, subdivision 1 or 2, as
punishable under section 325D.56, subdivision 2.
History: 1969 c 953 s 5; 1971 c 24 s 56; 1973 c 704 s 1; 1976 c 253 s 1; 1979 c 255 s 8;
1982 c 613 s 6; 1987 c 217 s 3; 1987 c 329 s 17; 1987 c 384 art 2 s 112; 1988 c 577 s 21,22,62;
1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1; 1993 c 326 art 7 s 15; 1994 c 636 art 2 s 63

626A.06 PROCEDURE FOR INTERCEPTION OF WIRE OR ORAL
COMMUNICATIONS.
    Subdivision 1. The applications. Each application for a warrant authorizing or approving
the interception of a wire, electronic, or oral communication shall be made in writing upon oath
or affirmation to a judge of the district court, of the Court of Appeals, or of the Supreme Court
and shall state the applicant's authority to make such application. Each application shall include
the following information:
(a) the identity of the investigative or law enforcement officer making the application, and
the officer authorizing the application;
(b) a full and complete statement of the facts and circumstances relied upon by the applicant,
to justify the applicant's belief that an order should be issued, including (i) details as to the
particular offense that has been, is being, or is about to be committed, (ii) except as provided in
subdivision 11, a particular description of the nature and location of the facilities from which or
the place where the communication is to be intercepted, (iii) a particular description of the type of
communications sought to be intercepted, (iv) the identity of the person, if known, committing
the offense and whose communications are to be intercepted;
(c) a full and complete statement as to whether or not other investigative procedures have
been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be
too dangerous;
(d) a statement of the period of time for which the interception is required to be
maintained. If the nature of the investigation is such that the authorization for interception
should not automatically terminate when the described type of communication has been first
obtained, a particular description of facts establishing probable cause to believe that additional
communications of the same type will occur thereafter;
(e) a full and complete statement of the facts concerning all previous applications known to
the individual authorizing and making the application, made to any judge for authorization to
intercept, or for approval of interceptions of, wire, electronic, or oral communications involving
any of the same persons, facilities, or places specified in the application, and the action taken by
the judge on each such application;
(f) where statements in the application are solely upon the information or belief of the
applicant, the grounds for the belief must be given; and
(g) the names of persons submitting affidavits in support of the application.
    Subd. 2. Additional showing of probable cause. The court to whom any such application is
made, before issuing any warrant thereon, may examine on oath the person seeking the warrant
and any witnesses the person may produce, and must take the person's affidavit or other affidavits
in writing, and cause them to be subscribed by the party or parties making the same. The court
may also require the applicant to furnish additional documentary evidence or additional oral
testimony to satisfy itself of the existence of probable cause for issuance of the warrant.
    Subd. 3. Finding of probable cause by judge. Upon such application the judge may enter
an ex parte order, as requested or as modified, authorizing or approving interception of wire,
electronic, or oral communications within the territorial jurisdiction of the court in which the
judge is sitting, if the judge determines on the basis of the facts submitted by the applicant that:
(a) there is probable cause for belief that an individual is committing, has committed, or is
about to commit a particular offense enumerated in section 626A.05, subdivision 2;
(b) there is probable cause for belief that particular communications concerning that offense
will be obtained through such interception;
(c) normal investigative procedures have been tried and have failed or reasonably appear to
be unlikely to succeed if tried or to be too dangerous;
(d) except as provided in subdivision 11, there is probable cause for belief that the facilities
from which, or the place where, the wire, electronic, or oral communications are to be intercepted
are being used, or are about to be used, in connection with the commission of such offense, or are
leased to, listed in the name of, or commonly used by such person.
Nothing in this chapter is to be considered as modifying in any way the existence or scope
of those privileged communications defined in chapter 595. In acting upon an application
for a warrant for intercepting communications, the potential contents of any such future
communications that are within the provisions of chapter 595 shall not be considered by the
court in making its finding as to the probability that material evidence will be obtained by such
interception of communications.
    Subd. 4. The warrant. Each warrant to intercept communications shall be directed to
a law enforcement officer, commanding the officer to hold the recording of all intercepted
communications conducted under said warrant in custody subject to the further order of the court
issuing the warrant. The warrant shall contain the grounds for its issuance with findings, as to the
existence of the matters contained in subdivision 1 and shall also specify:
(a) the identity of the person, if known, whose communications are to be intercepted and
recorded;
(b) the nature and location of the communications facilities as to which, or the place where,
authority to intercept is granted, and in the case of telephone or telegraph communications the
general designation of the particular line or lines involved;
(c) a particular description of the type of communication sought to be intercepted, and a
statement of the particular offense to which it relates;
(d) the identity of the law enforcement office or agency authorized to intercept
the communications, the name of the officer or officers thereof authorized to intercept
communications, and of the person authorizing the application;
(e) the period of time during which such interception is authorized, including a statement
as to whether or not the interception shall automatically terminate when the described
communication has been first obtained;
(f) any other limitations on the interception of communications being authorized, for the
protection of the rights of third persons;
(g) a statement that using, divulging, or disclosing any information concerning such
application and warrant for intercepting communications is prohibited and that any violation is
punishable by the penalties of this chapter;
(h) a statement that the warrant shall be executed as soon as practicable, shall be executed
in such a way as to minimize the interception of communications not otherwise subject to
interception under this chapter and must terminate upon attainment of the authorized objective,
or in any event in 30 days. The 30-day period begins on the earlier of the day on which the
investigative or law enforcement officer first begins to conduct an interception under the order
or ten days after the order is received. In the event the intercepted communication is in a code
or foreign language, and an expert in that foreign language or code is not reasonably available
during the interception period, minimization may be accomplished as soon as practicable after
such interception.
An order authorizing the interception of a wire, oral, or electronic communication under
this chapter must, upon request of the applicant, direct that a provider of wire or electronic
communication service, landlord, custodian, or other person shall furnish the applicant
immediately all information, facilities, and technical assistance necessary to accomplish the
interception unobtrusively and with a minimum of interference with the services that the service
provider, landlord, custodian, or person is according the person whose communications are to
be intercepted. A provider of wire or electronic communication service, landlord, custodian, or
other person furnishing facilities or technical assistance must be compensated by the applicant for
reasonable expenses incurred in providing the facilities or assistance.
Denial of an application for a warrant to intercept communications or of an application for
renewal of such warrant shall be by written order that shall include a statement as to the offense or
offenses designated in the application, the identity of the official applying for the warrant and the
name of the law enforcement office or agency.
    Subd. 4a. Personnel used. An interception under this chapter may be conducted in whole or
in part by an employee of the state or any subdivision of the state who is an investigative or law
enforcement officer authorized to conduct the investigation.
    Subd. 5. Duration of warrant. No warrant entered under this section may authorize or
approve the interception of any wire, electronic, or oral communication for any period longer than
is necessary to achieve the objective of the authorization, nor in any event longer than 30 days.
The effective period of any warrant for intercepting communications shall terminate
immediately when any person named in the warrant has been charged with an offense specified
in the warrant.
    Subd. 6. Extensions. Any judge of the district court, of the Court of Appeals, or of the
Supreme Court may grant extensions of a warrant, but only upon application for an extension
made in accordance with subdivision 1 and the court making the findings required by subdivision
3. The period of extension shall be no longer than the authorizing judge deems necessary to
achieve the purposes for which it was granted and in no event for longer than 30 days. In addition
to satisfying the requirements of subdivision 1, an application for an extension of any warrant
for intercepting communications shall also:
(a) contain a statement that all interception of communications under prior warrants has
been in compliance with this chapter;
(b) contain a statement setting forth the results thus far obtained from the interception or a
reasonable explanation of the failure to obtain results;
(c) state the continued existence of the matters contained in subdivision 1; and
(d) specify the facts and circumstances of the interception of communications under prior
warrants which are relied upon by the applicant to show that such continued interception of
communications is necessary and in the public interest.
    Subd. 7. Delivery and retention of copies. Any warrant for intercepting communications
under this section, or any order renewing a prior warrant, together with the application made
therefor and any supporting papers upon which the application was based, shall be delivered to
and retained by the applicant as authority for the interception of communications authorized
therein. A true copy of such warrant and the application made therefor shall be retained in the
possession of the judge issuing the same, and, in the event of the denial of an application for such
a warrant, a true copy of the papers upon which the application was based shall in like manner
be retained by the judge denying the same.
    Subd. 8. Periodic reports to issuing judge. Whenever a warrant authorizing interception is
entered pursuant to this section, the warrant may require reports to be made to the judge who
issued the order showing what progress has been made toward achievement of the authorized
objective and the need for continued interception. Such reports shall be made at such intervals
as the judge may require.
    Subd. 9. Secrecy of warrant proceedings. A warrant for intercepting communications
and the application, affidavits, and return prepared in connection therewith, and also any
information concerning the application for, the granting of, or the denial of a warrant for
intercepting communications shall remain secret and subject to all the penalties of this chapter
for unauthorized disclosure to persons not lawfully engaged in preparing and executing such a
warrant, unless and until the same shall have been disclosed in a criminal trial or proceeding or
shall have been furnished to a defendant pursuant to this chapter.
    Subd. 10. Persons executing warrant. A warrant for the interception of communications
may in all cases be served by any of the officers mentioned in its direction, but by no other person
except if the officer requires aid while present and acting in its execution.
    Subd. 11. Requirements inapplicable. The requirements of subdivision 1, clause (b)(ii), and
subdivision 3, clause (d), relating to the specification of the facilities from which, or the place
where, the communication is to be interpreted do not apply if:
(1) in the case of an application with respect to the interception of an oral communication:
(i) the application contains a full and complete statement as to why the specification is
not practical and identifies the person committing the offense and whose communications are
to be intercepted; and
(ii) the judge finds that the specification is not practical.
(2) in the case of an application with respect to a wire or electronic communication:
(i) the application identifies the person believed to be committing the offense and whose
communications are to be intercepted and the applicant makes a showing of a purpose, on the part
of that person, to thwart interception by changing facilities; and
(ii) the judge finds that the purpose has been adequately shown.
    Subd. 12. Motion to quash order. An interception of a communication under an order with
respect to which the requirements of subdivision 1, clause (b)(ii), and subdivision 3, clause (d),
do not apply by reason of subdivision 11 must not begin until the facilities from which, or the
place where, the communication is to be intercepted is ascertained by the person implementing
the interception order. A provider of wire or electronic communications service that has received
an order as provided for in subdivision 11, clause (2), may move the court to modify or quash the
order on the ground that its assistance with respect to the interception cannot be performed in
a timely or reasonable fashion. The court, upon notice to the attorney applying for the warrant,
shall decide a motion expeditiously.
History: 1969 c 953 s 6; 1986 c 444; 1988 c 577 s 23-30,62; 1989 c 336 art 1 s 3; art 2 s
5,8; 1990 c 426 art 2 s 1; 1991 c 199 art 2 s 1; 1993 c 326 art 7 s 16-18

626A.065 EMERGENCY INTERCEPTION.
Notwithstanding any other provision in this chapter, any investigative or law enforcement
officer, specially designated by the attorney general or a county attorney, who:
(1) reasonably determines that:
(i) an emergency situation exists that involves immediate danger of death or serious physical
injury to any person that requires a wire, oral, or electronic communication to be intercepted
before a warrant authorizing such interception can, with due diligence, be obtained; and
(ii) there are grounds upon which a warrant could be issued under this chapter to authorize
the interception; and
(2) obtains approval from a judge of the district court, of the Court of Appeals, or of the
Supreme Court,
may intercept the wire, oral, or electronic communication. The judge's approval may be given
orally and may be given in person or by using any medium of communication. The judge shall
do one of the following: make written notes summarizing the conversation, tape record the
conversation, or have a court reporter record the conversation. An application for a warrant
approving the interception must be made in accordance with section 626A.06 within 36 hours
after the interception has occurred, or begins to occur. In the absence of a warrant, the interception
must immediately end when the communication sought is obtained or when the application for
the warrant is denied, whichever is earlier. If application for approval is denied, or in any other
case where the interception is ended without a warrant having been issued, the contents of a
wire, oral, or electronic communication intercepted must be treated as having been obtained in
violation of this chapter and an inventory shall be served as provided for in section 626A.10 on
the person named in the application.
History: 1988 c 577 s 62; 1989 c 336 art 2 s 6,8; 1990 c 426 art 2 s 1

626A.07 RETURN FILED BY OFFICER.
Upon expiration of a warrant issued under section 626A.06, the officer designated in the
warrant shall forthwith deliver the original warrant and accompanying papers to the judge issuing
the same, together with a written return, verified by the certificate of the officer, setting forth:
(a) the precise description of each installation of an instrument for the interception of
communications, and the designation of any telephone or telegraph lines involved in such
interception;
(b) the date or dates on which interception was conducted; and
(c) an identification of all recordings made as required herein. Said recordings shall be
delivered to the issuing judge with the return.
History: 1969 c 953 s 7; 1988 c 577 s 62; 1989 c 336 art 2 s 8

626A.08 PRESERVATION OF MATERIAL OBTAINED, APPLICATIONS AND
ORDERS; DESTRUCTION.
    Subdivision 1. Material obtained. Every part of any wire, oral, or electronic communication
intercepted pursuant to this chapter shall be completely recorded on tape or wire or other
comparable device and shall be done in such manner as will protect the recording from editing
or other alterations. Immediately upon the expiration of the period of the order, or extensions
thereof, such recordings shall be made available to the judge issuing such order and sealed under
the judge's directions. Custody of the recordings shall be wherever the judge orders. They shall
not be destroyed except upon an order of the issuing or denying judge or a successor and in any
event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant
to the provisions of section 626A.09 for investigations. The presence of the seal provided for by
this subdivision, or a satisfactory explanation for the absence thereof, shall be a prerequisite for
the use or disclosure of the contents of any wire, electronic, or oral communication or evidence
derived therefrom under section 626A.09.
    Subd. 2. Application and orders. Applications made and warrants issued under this chapter
shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge
directs. Such applications and orders shall be disclosed only upon a showing of good cause before
a judge of the district court and shall not be destroyed except on order of the issuing or denying
judge, and in any event shall be kept for ten years.
    Subd. 3. Destruction of recordings. When an order for destruction is issued the person
directed to destroy such recordings shall do so in the presence of at least one witness not
connected with a law enforcement office or agency, all of whom shall execute affidavits setting
forth the facts and circumstances thereof. The affidavits shall be filed with and approved by the
court having custody of the original warrant and supporting papers.
    Subd. 4. Contempt. Any violation of the provisions of this section may be punished as
contempt of the issuing or denying judge.
History: 1969 c 953 s 8; 1986 c 444; 1988 c 577 s 31,62; 1989 c 336 art 2 s 8; 1991
c 199 art 2 s 1

626A.09 AUTHORIZATION FOR DISCLOSURE AND USE OF INTERCEPTED WIRE
OR ORAL COMMUNICATIONS.
    Subdivision 1. Disclosure. Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or
oral communication, or evidence derived therefrom may disclose such contents to another
investigative or law enforcement officer to the extent that such disclosure is appropriate to the
proper performance of the official duties of the officer making or receiving the disclosure.
    Subd. 2. Use of contents of wiretaps. Any investigative or law enforcement officer who,
by any means authorized by this chapter, has obtained knowledge of the contents of any wire,
electronic, or oral communication or evidence derived therefrom may use such contents to the
extent such use is appropriate to the proper performance of official duties.
    Subd. 3. Disclosure while giving testimony. Any person who has received, by any means
authorized by this chapter, any information concerning a wire, electronic, or oral communication,
or evidence derived therefrom intercepted in accordance with the provisions of this chapter may
disclose the contents of that communication or such derivative evidence while giving testimony
under oath or affirmation in any criminal proceeding in any court of the United States or of any
state or in any federal or state grand jury proceeding.
    Subd. 4. Privileged character retained. No otherwise privileged wire, electronic, or oral
communication intercepted in accordance with, or in violation of, the provisions of this chapter
shall lose its privileged character.
    Subd. 5. Application for authorized use. When an investigative or law enforcement officer,
while engaged in intercepting wire, electronic, or oral communications in the manner authorized
herein, intercepts wire, electronic, or oral communications relating to offenses other than those
specified in the order of authorization or approval, the contents thereof, and evidence derived
therefrom, may be disclosed or used as provided in subdivisions 1 and 2. Such contents and any
evidence derived therefrom may be used under subdivision 3 when authorized or approved by
a judge of the district court where such judge finds on subsequent application that the contents
were otherwise intercepted in accordance with the provisions of this chapter. Such application
shall be made as soon as practicable.
History: 1969 c 953 s 9; 1986 c 444; 1988 c 577 s 32-36,62; 1989 c 336 art 2 s 8; 1991
c 199 art 2 s 1

626A.10 NOTICE TO DEFENDANT.
    Subdivision 1. Notice of order. Within a reasonable time but not later than 90 days after the
termination of the period of a warrant or extensions thereof, the issuing or denying judge shall
cause to be served, on the persons named in the warrant and the application, and such other
parties to intercepted communications as the judge may determine that is in the interest of justice,
an inventory which shall include notice of:
(1) the fact of the issuance of the warrant or the application;
(2) the date of the issuance and the period of authorized, approved or disapproved
interception, or the denial of the application; and
(3) the fact that during the period wire, electronic, or oral communications were or were
not intercepted.
On an ex parte showing to a court of competent jurisdiction that there is a need to continue
the investigation and that the investigation would be harmed by service of the inventory at this
time, service of the inventory required by this subdivision may be postponed for an additional
90-day period.
    Subd. 2. Notice of intent to use evidence obtained by interception of wire or oral
communication. The contents of any intercepted wire, electronic, or oral communication or
evidence derived therefrom shall not be received in evidence otherwise disclosed in any trial,
hearing, or other proceeding in a federal or state court unless each party, not less than ten days
before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and
accompanying application, under which the interception was authorized or approved. This ten-day
period may be waived by the judge if the judge finds that it was not possible to furnish the party
with the above information ten days before the trial, hearing, or proceeding and that the party will
not be prejudiced by the delay in receiving such information.
History: 1969 c 953 s 10; 1986 c 444; 1988 c 577 s 37,38,62; 1989 c 336 art 2 s 8; 1993 c
326 art 7 s 19

626A.11 ADMISSIBILITY OF INTERCEPTED EVIDENCE.
    Subdivision 1. Illegally obtained evidence inadmissible. Evidence obtained by any act of
intercepting wire, oral, or electronic communications, in violation of section 626A.02, and all
evidence obtained through or resulting from information obtained by any such act, shall be
inadmissible for any purpose in any action, proceeding, or hearing; provided, however, that: (1)
any such evidence shall be admissible in any civil or criminal action, proceeding, or hearing
against the person who has, or is alleged to have, violated this chapter; and (2) any evidence
obtained by a lawfully executed warrant to intercept wire, oral, or electronic communications
issued by a federal court or by a court of competent jurisdiction of another state shall be
admissible in any civil or criminal proceeding.
    Subd. 2. Official available as a witness. No evidence obtained as a result of intercepting
wire, oral, or electronic communications pursuant to a warrant issued under section 626A.06 shall
be admissible in any proceeding unless the person or persons overhearing or recording such
communication, conversation, or discussion be called or made available as witnesses subject to
cross examination by the party against whom such intercepted evidence is being offered. The
provisions of this clause shall not apply if the trial court finds that such person is dead; or is out of
the state; or is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or
that such exceptional circumstances exist as to make it desirable, in the interest of justice and
with due regard to the importance of presenting such persons in open court, to allow the evidence
to be received.
    Subd. 3. Failure to give notice. In the absence of the notice to a defendant required by
section 626A.10, no evidence relating to intercepted communications shall be admissible in
evidence or otherwise disclosed in any criminal proceeding against the defendant.
    Subd. 4. Remedies and sanctions. The remedies and sanctions described in this chapter
with respect to the interception of electronic communications are the only judicial remedies and
sanctions for nonconstitutional violations of this chapter involving communications.
History: 1969 c 953 s 11; 1988 c 577 s 39-41,62; 1989 c 336 art 1 s 4,5; art 2 s 8; 1990 c
426 art 2 s 1; 1993 c 326 art 7 s 20

626A.12 MOTION TO SUPPRESS EVIDENCE.
    Subdivision 1. The motion. Any aggrieved person may move to suppress the contents of
any intercepted wire, oral, or electronic communication, or evidence derived therefrom on the
grounds that:
(i) the wire, oral, or electronic communication was unlawfully intercepted;
(ii) the order of authorization or approval under which it was intercepted is insufficient
on its face;
(iii) the interception was not made in conformity with the order of authorization or approval;
(iv) there was not probable cause for believing the existence of the grounds on which the
warrant was issued; or
(v) the evidence was otherwise illegally obtained.
The court shall hear evidence upon any issue of fact necessary to a determination of the
motion.
If the motion is granted, the contents of the intercepted wire, oral, or electronic
communication, or evidence derived therefrom, shall be treated as having been obtained in
violation of this chapter.
If the motion is denied, the order denying such may be reviewed on appeal from a judgment
of conviction notwithstanding the fact that such judgment of conviction is predicated upon a plea
of guilty.
    Subd. 1a.[Repealed, 1989 c 336 art 1 s 17]
    Subd. 2. Time of making motion. Upon receiving the notice required to be given by section
626A.10, subdivision 2, a defendant shall make a motion to suppress prior to the commencement
of any trial or hearing in which the communications or conversations claimed to have been
unlawfully obtained are proposed to be offered as evidence, except that the court shall entertain a
motion made for the first time during trial upon a showing that (a) the defendant was unaware
of the interception of communications until after the commencement of the trial, or (b) the
defendant obtained material evidence previously unavailable to the defendant indicating it was
unlawfully obtained, or (c) the defendant has not had adequate time or opportunity to make the
motion before trial.
If a motion has been made and denied before trial, the determination shall be binding upon
the trial court, except that, if it is established that, after the making of such motion, the defendant
obtained additional material evidence of unlawfulness which could not have been obtained with
reasonable diligence before the making of the motion, the court shall entertain another motion, or
a renewal of a motion, during the trial.
When the motion is made before trial, the trial shall not be commenced until the motion
has been determined.
When the motion is made during trial, the court shall, in the absence of the jury, if there be
one, hear evidence in the same manner as if the motion had been made prior to trial, and shall
decide all issues of fact and law.
If no motion is made in accordance with the provisions of this section, the defendant shall
be deemed to have waived any objection during trial to the admission of evidence based on the
ground that such evidence was unlawfully obtained.
    Subd. 3. Where motion made. The motion shall be made in the court having jurisdiction of
the trial, hearing, or proceeding in which the evidence is being sought to be used.
    Subd. 4. Examination of communications by court. In any motion made under this section,
if the court finds necessary to the determination of such motion to consider the contents of the
intercepted communications in question, and the state does not consent to the examination thereof
by the moving party, the court may order the state to deliver such recordings and any transcripts of
the same for the inspection of the court in camera. Upon such delivery the court shall rule on the
motion, and if the moving party objects to such ruling, and the trial is continued to an adjudication
of the guilt of the moving party, the entire recordings shall be preserved by the state, and, in
the event the defendant appeals, shall be made available to the appellate court for the purpose
of determining the correctness of the ruling of the trial judge.
    Subd. 5. Appeal by state. The state shall be allowed to appeal from an order granting a
motion to suppress evidence obtained through intercepted communications, if the prosecuting
attorney shall certify to the judge or other official granting such motion that the appeal is not
taken for purposes of delay. Such appeal shall be taken within 30 days after the date the order
was entered and shall be diligently prosecuted. The appeal shall be made pursuant to rule 29.03
of the Rules of Criminal Procedure.
History: 1969 c 953 s 12; 1Sp1981 c 4 art 1 s 183; 1986 c 444; 1988 c 577 s 42,43,62; 1989
c 336 art 1 s 6; art 2 s 8; 1990 c 426 art 2 s 1

626A.13 CIVIL REMEDIES.
    Subdivision 1. In general. Except as provided in section 2511 (2)(a)(ii) of title 18 of the
United States Code, a person whose wire, oral, or electronic communication is intercepted,
disclosed, or intentionally used in violation of this chapter may in a civil action recover from the
person or entity that engaged in that violation relief as may be appropriate.
    Subd. 2. Relief. In an action under this section, appropriate relief includes:
(1) temporary and other equitable or declaratory relief as may be appropriate;
(2) damages under subdivision 3 and punitive damages in appropriate cases; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
    Subd. 3. Computation of damages. (a) In an action under this section, if the conduct in
violation of this chapter is the private viewing of a private satellite video communication that is
not scrambled or encrypted or if the communication is a radio communication that is transmitted
on frequencies allocated under subpart D of part 74 of title 47 of the Code of Federal Regulations
that is not scrambled or encrypted and the conduct is not for a tortious or illegal purpose or for
purposes of direct or indirect commercial advantage or private commercial gain, then the court
shall assess damages as follows:
(1) If the person who engaged in that conduct has not previously been enjoined under section
626A.02, subdivision 5, and has not been found liable in a prior civil action under this section, the
court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory
damages of not less than $50 and not more than $500.
(2) If, on one prior occasion, the person who engaged in that conduct has been enjoined
under section 626A.02, subdivision 5, or has been found liable in a civil action under this section,
the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or
statutory damages of not less than $100 and not more than $1,000.
(b) In any other action under this section, the court may assess as damages whichever is
the greater of:
(1) the sum of three times the actual damages suffered by the plaintiff and any profits made
by the violator as a result of the violation; or
(2) statutory damages of whichever is the greater of $100 a day for each day of violation
or $10,000.
    Subd. 4. Defense. A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory
authorization;
(2) a request of an investigative or law enforcement officer under United States Code, title
18, section 2518(7); or
(3) a good faith determination that section 626A.02, subdivision 3, permitted the conduct
complained of;
is a complete defense against any civil or criminal action brought under this chapter or any
other law.
    Subd. 5. Limitation. A civil action under this section may not be begun later than two years
after the date upon which the claimant first has a reasonable opportunity to discover the violation.
History: 1969 c 953 s 13; 1988 c 577 s 44,62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s
1; 1996 c 305 art 1 s 123

626A.14 OBTAINING TELEPHONE AND TELEGRAPH COMPANY INFORMATION.
No person shall:
(a) by trick or false representation or impersonation, obtain or attempt to obtain from
any officer or any employee of any telegraph or telephone company information concerning
the identification or location of any wires, cables, lines, terminals, or other apparatus used in
furnishing telegraph or telephone service, or any information concerning any communication
passing over telegraph or telephone lines of any such company, or the existence, content, or
meaning of any record thereof; or
(b) by trick or false representation or impersonation, obtain or attempt to obtain access to any
premises or to installations of any telegraph or telephone company upon such premises.
History: 1969 c 953 s 14; 1988 c 577 s 62; 1989 c 336 art 2 s 8

626A.15 DUTY TO REPORT VIOLATIONS.
Any officer or employee of a telephone or telegraph company shall report to the police
department or county attorney having jurisdiction, any violation of this chapter coming to the
officer or employee's attention.
History: 1969 c 953 s 15; 1986 c 444; 1988 c 577 s 62; 1989 c 336 art 2 s 8; 1991 c 199 art
2 s 1

626A.16 TELEPHONE COMPANY TO AID IN DETECTION.
Subject to regulation by the Minnesota public utilities commission, any telephone or
telegraph company shall, upon request of any subscriber and upon responsible offer to pay the
reasonable cost thereof, and with the discretion of the carrier; subject, however, to an appropriate
court order to furnish whatever services may be within its command for the purpose of detecting
any unlawful interception of communications. All such requests by subscribers shall be subject to
the provisions of section 626A.05 and the company shall disclose only the existence or absence
of interception that is not the subject of a court order under that section. All such requests by
subscribers shall be kept confidential unless divulgence is authorized in writing by the requesting
subscriber.
History: 1969 c 953 s 16; 1980 c 614 s 123; 1988 c 577 s 62; 1989 c 336 art 2 s 8

626A.17 REPORT, CONCERNING INTERCEPTION OF COMMUNICATIONS.
    Subdivision 1. Reports and transmittal of documents to state court administrator.
Within 30 days after the expiration of an order granting or denying an application under this
chapter, or each extension thereof, or the denial of an order approving an interception or the use
of a pen register, trap and trace device, or mobile tracking device, the issuing or denying judge
shall report to the state court administrator:
(a) the fact that an order or extension was applied for;
(b) the kind of order or extension applied for;
(c) the fact that the order or extension was granted as applied for, was modified, or was
denied;
(d) the period of interceptions or use of a pen register, trap and trace device, or mobile
tracking device authorized by the order, and the number and duration of any extensions of the
order;
(e) the offense specified in the order or application, or extension of an order;
(f) the identity of the applying investigative or law enforcement officer and agency making
the application and the person authorizing the application; and
(g) the nature of the facilities from which or the place where communications were to be
intercepted or activity under the order was to be carried out.
    Subd. 2. Report by county attorney. No later than January 15 of each year each county
attorney shall report to the state court administrator:
(a) with respect to each application for an order or extension made during the preceding year:
(1) the fact that an order or extension was applied for;
(2) the kind of order or extension applied for;
(3) the fact that the order or extension was granted as applied for, was modified, or was
denied;
(4) the period of interceptions or use of a pen register, trap and trace device, or mobile
tracking device authorized by the order, and the number and duration of any extensions of the
order;
(5) the offense specified in the order or application, or extension of an order;
(6) the identity of the applying investigative or law enforcement officer and agency making
the application and the person authorizing the application; and
(7) the nature of the facilities from which or the place where communications were to be
intercepted or activity under the order was to be carried out;
(b) a general description of the interceptions made or information obtained under such order
or extension, including (i) the approximate nature and frequency of incriminating communications
intercepted or evidence obtained, (ii) the approximate nature and frequency of other
communications intercepted, (iii) the approximate number of persons whose communications
were intercepted or whose activities were monitored, and (iv) the approximate nature, amount,
and cost of the personnel and other resources used in the interceptions or the use of the pen
register, trap and trace device, or mobile tracking device;
(c) the number of arrests resulting from interceptions made or activity conducted under such
order or extension, and the offenses for which arrests were made;
(d) the number of trials resulting from such interceptions or activity;
(e) the number of motions to suppress made with respect to such interceptions or activity,
and the number granted or denied;
(f) the number of convictions resulting from such interceptions or activity and the offenses
for which the convictions were obtained and a general assessment of the importance of the
interceptions or activity; and
(g) the information required by clauses (b) to (f) with respect to orders or extensions obtained
in a preceding calendar year.
    Subd. 3. Report to legislature by state court administrator. On or before November 15 of
each even-numbered year, the state court administrator shall transmit to the legislature a report
concerning (a) all warrants and orders authorizing the interception of communications and the use
of a pen register, trap and trace device, mobile tracking device, or other electronic or mechanical
device during the two previous calendar years and (b) all applications that were denied during
the two previous calendar years. Each report shall include a summary and analysis of the data
required to be filed under this section. The report is public and must be available for public
inspection at the legislative reference library and the state court administrator's office.
History: 1969 c 953 s 17; 1971 c 81 s 2; 1974 c 406 s 74; 1986 c 444; 1988 c 577 s 62;
1989 c 336 art 1 s 7; art 2 s 8

626A.18 ILLEGAL TRANSFERS OF INTERCEPTING DEVICES.
No person shall receive an electronic, mechanical or other device, knowing or having
reasonable cause to believe that such electronic, mechanical or other device has been sold or
transported in violation of the provisions of this chapter. Whenever on the trial for a violation of
this chapter the defendant is shown to have or have had possession of such electronic, mechanical
or other device, such device shall be deemed sufficient evidence to authorize conviction unless the
defendant explains such possession to the satisfaction of the jury.
History: 1969 c 953 s 18; 1988 c 577 s 62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1

626A.19 FORFEITURES.
    Subdivision 1. Laws applicable. Any electronic, mechanical or other device involved in any
violation of the provisions of this chapter or any regulation promulgated thereunder, or which has
come into the custody of a law enforcement officer and the title thereto cannot be ascertained,
shall be subject to seizure and forfeiture.
    Subd. 2. Disposal. In the case of any forfeiture under this section no notice of public sale
shall be required and no such electronic, mechanical or other device shall be sold at public sale.
Such device shall be delivered to the bureau who may order the same destroyed or may sell or
transfer the same without charge to the state of Minnesota or any political subdivision thereof
for official use.
History: 1969 c 953 s 19; 1988 c 577 s 62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1

626A.20 SUSPENSION OR REVOCATION OF LICENSES.
On the conviction of any person of the violation of any provision of this chapter, a copy of
the judgment and sentence, and of the opinion of the court, if any opinion be filed, shall be sent
by the court administrator to the board or officer, if any, by whom the convicted defendant has
been licensed or registered to practice a profession or to carry on a business. On the conviction
of any such person, such board or officer may, in its discretion, suspend or revoke the license
or registration of the convicted defendant to practice a profession or to carry on a business. On
the application of any person whose license or registration has been suspended or revoked, and
upon proper showing and for good cause the board or officer may, in its discretion, reinstate
such license or registration.
History: 1969 c 953 s 20; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1988 c 577 s 62; 1989
c 336 art 2 s 8

626A.21 [Repealed, 1991 c 199 art 1 s 87]

626A.22 [Repealed, 1989 c 336 art 1 s 17]

626A.23 [Repealed, 1989 c 336 art 1 s 17]

626A.24 [Repealed, 1989 c 336 art 1 s 17]

626A.25 INJUNCTION AGAINST ILLEGAL INTERCEPTION.
Whenever it appears that a person is engaged or is about to engage in an act that constitutes
or will constitute a felony violation of this chapter, the attorney general or a county attorney may
initiate a civil action in district court to enjoin the violation. The court shall proceed as soon as
practicable to the hearing and determination of the civil action, and may, at any time before final
determination, enter a restraining order or prohibition, or take other action, as is warranted to
prevent a continuing and substantial injury to the state, any of its subdivisions, or to a person or
class of persons for whose protection the action is brought. A proceeding under this section is
governed by the Rules of Civil Procedure, except that, if the defendant has been charged with the
felony, discovery against that defendant is governed by the Rules of Criminal Procedure.
History: 1988 c 577 s 46,62; 1989 c 336 art 2 s 8; 1991 c 199 art 2 s 1

626A.26 UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
    Subdivision 1. Offense. Except as provided in subdivision 3, whoever:
(1) intentionally accesses without authorization a facility through which an electronic
communication service is provided; or
(2) intentionally exceeds an authorization to access that facility;
and thereby obtains, alters, or prevents authorized access to a wire or electronic communication
while it is in the electronic storage in a system must be punished as provided in subdivision 2.
    Subd. 2. Punishment. The punishment for an offense under subdivision 1 is:
(1) if the offense is committed for purposes of commercial advantage, malicious destruction
or damage, or private commercial gain:
(i) a fine of not more than $250,000 or imprisonment for not more than one year, or both, in
the case of a first offense under this clause; and
(ii) a fine of not more than $250,000 or imprisonment for not more than two years, or both,
for any subsequent offense under this clause;
(2) a fine of not more than $5,000 or imprisonment for not more than six months, or both, in
any other case.
    Subd. 3. Exceptions. Subdivision 1 does not apply with respect to conduct authorized:
(1) by the person or entity providing a wire or electronic communications service;
(2) by a user of that service with respect to a communication of or intended for that user; or
(3) in sections 626A.05 to 626A.09, 626A.28, or 626A.29.
History: 1988 c 577 s 47,62; 1989 c 336 art 2 s 8

626A.27 DISCLOSURE OF CONTENTS.
    Subdivision 1. Prohibitions. Except as provided in subdivision 2:
(1) a person or entity providing an electronic communication service to the public must not
knowingly divulge to a person or entity the contents of a communication while in electronic
storage by that service; and
(2) a person or entity providing remote computing service to the public must not knowingly
divulge to a person or entity the contents of any communication that is carried or maintained
on that service:
(i) on behalf of, and received by means of electronic transmission from, or created by means
of computer processing of communications received by means of electronic transmission, from
a subscriber or customer of the service; and
(ii) solely for the purpose of providing storage or computer processing services to
the subscriber or customer, if the provider is not authorized to access the contents of any
communications for purposes of providing any services other than storage or computer processing.
    Subd. 2. Exceptions. A person or entity may divulge the contents of a communication:
(1) to an addressee or intended recipient of the communication or an agent of the addressee
or intended recipient;
(2) as otherwise authorized in section 626A.02, subdivision 2, paragraph (a); 626A.05;
or section 626A.28;
(3) with the lawful consent of the originator or an addressee or intended recipient of the
communication, or the subscriber in the case of remote computing service;
(4) to a person employed or authorized or whose facilities are used to forward a
communication to its destination;
(5) as may be necessarily incident to the rendition of the service or to the protection of the
rights or property of the provider of that service; or
(6) to a law enforcement agency, if the contents:
(i) were inadvertently obtained by the service provider; and
(ii) appear to pertain to the commission of a crime.
History: 1988 c 577 s 48,62; 1989 c 336 art 2 s 8

626A.28 REQUIREMENTS FOR GOVERNMENTAL ACCESS.
    Subdivision 1. Contents of electronic communications in electronic storage. A
governmental entity may require the disclosure by a provider of electronic communication service
of the contents of an electronic communication that is in electronic storage in an electronic
communications system for 180 days or less only under a warrant. A government entity may
require the disclosure by a provider of electronic communications services of the contents of an
electronic communication that has been in electronic storage in an electronic communications
system for more than 180 days by the means available under subdivision 2.
    Subd. 2. Contents of electronic communications in a remote computing service. (a) A
governmental entity may require a provider of remote computing service to disclose the contents
of electronic communication to which this paragraph is made applicable by paragraph (b):
(1) without required notice to the subscriber or customer, if the governmental entity obtains a
warrant; or
(2) with prior notice if the governmental entity:
(i) uses an administrative subpoena authorized by statute or a grand jury subpoena; or
(ii) obtains a court order for such disclosure under subdivision 4;
except that delayed notice may be given under section 626A.30.
(b) Paragraph (a) is applicable with respect to any electronic communication that is held or
maintained on that service:
(1) on behalf of, and received by means of electronic transmission from, or created by means
of computer processing of communications received by means of electronic transmission from, a
subscriber or customer of such remote computing service; and
(2) solely for the purpose of providing storage or computer processing services to
the subscriber or customer, if the provider is not authorized to access the contents of any
communications for purposes of providing any services other than storage or computer processing.
    Subd. 3. Records concerning electronic communication service or remote computing
service. (a)(1) Except as provided in clause (2) or chapter 325M, a provider of electronic
communication service or remote computing service may disclose a record or other information
pertaining to a subscriber to or customer of the service, not including the contents of
communications covered by subdivision 1 or 2, to any person other than a governmental entity.
(2) A provider of electronic communication service or remote computing service may
disclose a record or other information pertaining to a subscriber to or customer of the service, not
including the contents of communications covered by subdivision 1 or 2, to a governmental entity
only when the governmental entity:
(i) uses an administrative subpoena authorized by statute, or a grand jury subpoena;
(ii) obtains a warrant;
(iii) obtains a court order for such disclosure under subdivision 4; or
(iv) has the consent of the subscriber or customer to the disclosure.
(b) A governmental entity receiving records or information under this subdivision is not
required to provide notice to a subscriber or customer.
    Subd. 4. Requirements for court order. A court order for disclosure under subdivision 2 or
3 must issue only if the governmental entity shows that there is reason to believe the contents of a
wire or electronic communication, or the records or other information sought, are relevant to a
legitimate law enforcement inquiry. A court issuing an order pursuant to this section, on a motion
made promptly by the service provider, may quash or modify such order, if the information or
records requested are unusually voluminous in nature or compliance with such order otherwise
would cause an undue burden on such provider.
    Subd. 5. No cause of action against a provider disclosing certain information. No cause
of action lies in any court against any provider of 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, warrant, subpoena, or certification
under sections 626A.26 to 626A.34.
History: 1988 c 577 s 49,62; 1989 c 336 art 2 s 8; 2002 c 395 art 1 s 10

NOTE: The amendment to subdivision 3 by Laws 2002, chapter 395, article 1, section 10, is
effective March 1, 2003, and expires on the effective date of federal legislation that preempts
state regulation of the release of personally identifiable information by Internet service providers.
Laws 2002, chapter 395, article 1, section 11.

626A.29 BACKUP PRESERVATION.
    Subdivision 1. Backup copy. (a) A governmental entity acting under section 626A.28,
subdivision 2 , paragraph (b), may include in its subpoena or court order a requirement that the
service provider to whom the request is directed create a backup copy of the contents of the
electronic communications sought in order to preserve those communications. Without notifying
the subscriber or customer of the subpoena or court order, the service provider shall create a
backup copy, as soon as practicable, consistent with its regular business practices and shall confirm
to the governmental entity that the backup copy has been made. The backup copy must be created
within two business days after receipt by the service provider of the subpoena or court order.
(b) Notice to the subscriber or customer must be made by the governmental entity within
three days after receipt of the confirmation, unless notice is delayed under section 626A.30,
subdivision 1 .
(c) The service provider must not destroy a backup copy until the later of:
(1) the delivery of the information; or
(2) the resolution of any proceedings, including appeals of any proceeding, concerning
the subpoena or court order.
(d) The service provider shall release the backup copy to the requesting governmental entity
no sooner than 14 days after the governmental entity's notice to the subscriber or customer if
the service provider:
(1) has not received notice from the subscriber or customer that the subscriber or customer
has challenged the governmental entity's request; and
(2) has not initiated proceedings to challenge the request of the governmental entity.
(e) A governmental entity may seek to require the creation of a backup copy under
subdivision 1, paragraph (a), if in its sole discretion the entity determines that there is reason to
believe that notification under section 626A.28 of the existence of the subpoena or court order
may result in destruction of or tampering with evidence. This determination is not subject to
challenge by the subscriber or customer or service provider.
    Subd. 2. Customer challenges. (a) Within 14 days after notice by the governmental entity
to the subscriber or customer under subdivision 1, paragraph (b), the subscriber or customer
may file a motion to quash the subpoena or vacate the court order, with copies served upon the
governmental entity and with written notice of the challenge to the service provider. A motion
to vacate a court order must be filed in the court which issued the order. A motion to quash a
subpoena must be filed in the district court of the county in which the governmental entity issuing
the subpoena is located. The motion or application must contain an affidavit or sworn statement:
(1) stating that the applicant is a customer or subscriber to the service from which the
contents of electronic communications maintained for the applicant have been sought; and
(2) stating the applicant's reasons for believing that the records sought are not relevant to a
legitimate law enforcement inquiry or that there has not been substantial compliance with the
provisions of this chapter in some other respect.
(b) Service must be made under this section upon a governmental entity by delivering or
mailing by registered or certified mail a copy of the papers to the person, office, or department
specified in the notice which the customer has received under sections 626A.26 to 626A.34. For
the purposes of this section, the term "delivery" means handing it to the person specified in the
notice or handing it to the person in charge of the office or department specified in the notice or
the designee of the person in charge.
(c) If the court finds that the customer has complied with paragraphs (a) and (b), the court
shall order the governmental entity to file a sworn response. The response may be filed in camera
if the governmental entity includes in its response the reasons that make in camera review
appropriate. If the court is unable to determine the motion or application on the basis of the
parties' initial allegations and response, the court may conduct additional proceedings as it
considers appropriate. Proceedings must be completed and the motion or application decided as
soon as practicable after the filing of the governmental entity's response.
(d) If the court finds that the applicant is not the subscriber or customer for whom the
communications sought by the governmental entity are maintained, or that there is a reason to
believe that the law enforcement inquiry is legitimate and that the communications sought are
relevant to that inquiry, it shall deny the motion or application and order the process enforced.
If the court finds that the applicant is the subscriber or customer for whom the communications
sought by the governmental entity are maintained, and that there is not a reason to believe that
the communications sought are relevant to a legitimate law enforcement inquiry, or that there
has not been substantial compliance with the provisions of sections 626A.26 to 626A.34, it shall
order the process quashed.
(e) A court order denying a motion or application under this section shall not be deemed a
final order and no interlocutory appeal may be taken therefrom by the customer.
History: 1986 c 444; 1988 c 577 s 50,62; 1989 c 336 art 2 s 8

626A.30 DELAYED NOTICE.
    Subdivision 1. Delay of notification. (a) A governmental entity acting under section
626A.28, subdivision 2, may:
(1) where a court order is sought, include in the application a request, which the court shall
grant, for an order delaying the notification required under section 626A.28, subdivision 2, for a
period not to exceed 90 days, if the court determines that there is reason to believe that notification
of the existence of the court order may have an adverse result described in paragraph (b); or
(2) where an administrative subpoena or a grand jury subpoena is obtained, delay the
notification required under section 626A.28 for a period not to exceed 90 days upon the execution
of a written certification of a supervisory official that there is reason to believe that notification of
the existence of the subpoena may have an adverse result described in paragraph (b).
(b) An adverse result for the purposes of paragraph (a) is:
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or
(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(c) The governmental entity shall maintain a true copy of certification under paragraph
(a), clause (2).
(d) Extensions of the delay of notification provided in section 626A.28 of up to 90 days each
may be granted by the court upon application, or by certification by a governmental entity, but
only in accordance with subdivision 2.
(e) Upon expiration of the period of delay of notification under paragraph (a) or (d), the
governmental entity shall serve upon, or deliver by registered or first-class mail to, the customer
or subscriber a copy of the process or request together with notice that:
(1) states with reasonable specificity the nature of the law enforcement inquiry; and
(2) informs the customer or subscriber:
(i) that information maintained for the customer or subscriber by the service provider named
in the process or request was supplied to or requested by that governmental authority and the date
on which the supplying or request took place;
(ii) that notification of the customer or subscriber was delayed;
(iii) what governmental entity or court made the certification or determination under which
that delay was made; and
(iv) which provision of sections 626A.26 to 626A.34 allowed such delay.
(f) As used in this subdivision, the term "supervisory official" means a peace officer with the
rank of sergeant, or its equivalent, or above, a special agent in charge from the Bureau of Criminal
Apprehension, the attorney general, the head of the attorney general's criminal division, a county
attorney, or the head of a county attorney's criminal division.
    Subd. 2. Preclusion of notice to subject of governmental access. A governmental entity
acting under section 626A.28 when it is not required to notify the subscriber or customer
under section 626A.28, subdivision 2, paragraph (a), or to the extent that it may delay notice
under subdivision 1, may apply to a court for an order commanding a provider of electronic
communications service or remote computing service to whom a warrant, subpoena, or court order
is directed, for a period as the court considers appropriate, not to notify any other person of the
existence of the warrant, subpoena, or court order. The court shall enter an order if it determines
that there is reason to believe that notification of the existence of the warrant, subpoena, or
court order will result in:
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or
(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
History: 1988 c 577 s 51,62; 1989 c 336 art 2 s 8

626A.31 COST REIMBURSEMENT.
    Subdivision 1. Payment. Except as otherwise provided in subdivision 3, a governmental
entity obtaining the contents of communications, records, or other information under sections
626A.27, 626A.28, and 626A.29 shall pay to the person or entity assembling or providing
the information a fee for reimbursement for costs that are reasonably necessary and that have
been directly incurred in searching for, assembling, reproducing, or otherwise providing the
information. The reimbursable costs must include any costs due to necessary disruption of normal
operations of the electronic communication service or remote computing service in which the
information may be stored.
    Subd. 2. Amount. The amount of the fee provided by subdivision 1, must be as mutually
agreed by the governmental entity and the person or entity providing the information, or, in the
absence of agreement, must be as determined by the court that issued the order for production of
the information or the court before which a criminal prosecution relating to the information would
be brought, if no court order was issued for production of the information.
    Subd. 3. Inapplicability. The requirement of subdivision 1 does not apply with respect to
records or other information maintained by a communications common carrier that relate to
telephone toll records and telephone listings obtained under section 626A.28. The court may,
however, order a payment as described in subdivision 1 if the court determines the information
required is unusually voluminous in nature or otherwise caused an undue burden on the provider.
History: 1988 c 577 s 52,62; 1989 c 336 art 2 s 8

626A.32 CIVIL ACTION.
    Subdivision 1. Cause of action. Except as provided in section 626A.28, subdivision 5, a
provider of electronic communication service, subscriber, or customer aggrieved by a violation
of this chapter in which the conduct constituting the violation is engaged in with a knowing or
intentional state of mind may, in a civil action, recover from the person or entity which engaged
in that violation relief as may be appropriate.
    Subd. 2. Relief. In a civil action under this section, appropriate relief includes:
(1) temporary and other equitable or declaratory relief as may be appropriate;
(2) damages under subdivision 3; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
    Subd. 3. Damages. The court may assess as damages in a civil action under this section the
sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result
of the violation, but in no case is a person entitled to recover to receive less than the sum of $1,000.
    Subd. 4. Defense. A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory
authorization; or
(2) a good faith determination that section 626A.02, subdivision 3, permitted the conduct
complained of;
is a complete defense to a civil or criminal action brought under sections 626A.26 to 626A.34 or
any other law.
    Subd. 5. Limitation. A civil action under this section may not be commenced later than two
years after the date upon which the claimant first discovered or had a reasonable opportunity to
discover the violation.
History: 1988 c 577 s 53,62; 1989 c 336 art 2 s 8

626A.33 EXCLUSIVITY OF REMEDIES.
The remedies and sanctions described in sections 626A.26 to 626A.34 are the only judicial
remedies and sanctions for nonconstitutional violations of sections 626A.26 to 626A.34.
History: 1988 c 577 s 54,62; 1989 c 336 art 2 s 8

626A.34 DEFINITIONS.
As used in sections 626A.26 to 626A.34, the term "remote computing service" means the
provision to the public of computer storage or processing services by means of an electronic
communication system.
History: 1988 c 577 s 55,62; 1989 c 336 art 2 s 8

626A.35 GENERAL PROHIBITION ON PEN REGISTER, TRAP AND TRACE DEVICE,
AND MOBILE TRACKING DEVICE USE; EXCEPTION.
    Subdivision 1. In general. Except as provided in this section, no person may install or
use a pen register, trap and trace device, or mobile tracking device without first obtaining a
court order under section 626A.37.
    Subd. 2. Exception. The prohibition of subdivision 1 does not apply with respect to the use of
a pen register or a trap and trace device by a provider of electronic or wire communication service:
(1) relating to the operation, maintenance, and testing of a wire or electronic 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; or
(2) to record the fact that a wire or electronic 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) where the consent of the user of that service has been obtained.
    Subd. 2a. Exception. The prohibition of subdivision 1 does not apply to the use of a mobile
tracking device where the consent of the owner of the object to which the mobile tracking device
is to be attached has been obtained.
    Subd. 3. Penalty. Whoever knowingly violates subdivision 1 shall be fined not more than
$3,000 or imprisoned not more than one year, or both.
History: 1988 c 577 s 56,62; 1989 c 336 art 1 s 8; art 2 s 8

626A.36 APPLICATION FOR AN ORDER FOR A PEN REGISTER, TRAP AND TRACE
DEVICE, OR MOBILE TRACKING DEVICE.
    Subdivision 1. Application. An investigative or law enforcement officer with responsibility
for an ongoing criminal investigation may make application for an order or an extension of an
order under section 626A.37 authorizing or approving the installation and use of a pen register,
trap and trace device, or mobile tracking device under sections 626A.35 to 626A.39, in writing
under oath or equivalent affirmation, to a district court.
    Subd. 2. Contents of application. An application under subdivision 1 must include:
(1) the identity of the law enforcement or investigative officer making the application, the
identity of any other officer or employee authorizing or directing the application, and the identity
of the law enforcement agency conducting the investigation; and
(2) a statement of the facts and circumstances relied upon by the applicant to justify the
applicant's belief that an order should be issued.
History: 1988 c 577 s 57,62; 1989 c 336 art 1 s 9; art 2 s 8

626A.37 ISSUANCE OF AN ORDER FOR A PEN REGISTER, TRAP AND TRACE
DEVICE, OR MOBILE TRACKING DEVICE.
    Subdivision 1. In general. Upon an application made under section 626A.36, the court may
enter an ex parte order authorizing the installation and use of a pen register, trap and trace device,
or mobile tracking device within the jurisdiction of the court if the court finds on the basis of the
information submitted by the applicant that there is reason to believe that the information likely to
be obtained by the installation and use is relevant to an ongoing criminal investigation.
    Subd. 2. Contents of order. (a) An order issued under this section must specify:
(1) the identity, if known, of the person to whom is leased or in whose name is listed the
telephone line to which the pen register or trap and trace device is to be attached or of the person
to be traced by the mobile tracking device;
(2) the identity, if known, of the person who is the subject of the criminal investigation;
(3) the number and, if known, physical location of the telephone line to which the pen
register or trap and trace device is to be attached or the identity or nature of the object or objects
to which the mobile tracking device is to be attached, and, in the case of a trap and trace device,
the geographic limits of the trap and trace order;
(4) a statement of the offense to which the information likely to be obtained by the pen
register, trap and trace device, or mobile tracking device relates;
(5) the identity of the law enforcement or investigative officer responsible for installation
and use of the pen register, trap and trace device, or mobile tracking device; and
(6) the period during which the use of the pen register, trap and trace device, or mobile
tracking device is authorized.
(b) An order issued under this section must direct, upon the request of the applicant, the
furnishing of information, facilities, and technical assistance necessary to accomplish the
installation of the pen register, trap and trace device, or mobile tracking device under section
626A.38.
    Subd. 3. Time period and extensions. (a) An order issued under this section must authorize
the installation and use of a pen register, a trap and trace device, or a mobile tracking device for a
period not to exceed 60 days, or the period necessary to achieve the objective of the authorization,
whichever is less.
(b) Extensions of an order may be granted, but only upon an application for an order under
section 626A.36 and upon the judicial finding required by subdivision 1. The extension must
include a statement of any changes in the information required in subdivision 2. The period of
extension must be for a period not to exceed 60 days, or the period necessary to achieve the
objective for which it is granted, whichever is less.
    Subd. 4. Nondisclosure of existence of pen register, trap and trace device, or mobile
tracking device. An order authorizing or approving the installation and use of a pen register, trap
and trace device, or a mobile tracking device must direct that:
(1) the order be sealed until otherwise ordered by the court; and
(2) the person owning or leasing the line to which the pen register or a trap and trace device
is attached, or who has been ordered by the court to provide assistance to the applicant, not
disclose the existence of the pen register, trap and trace device, mobile tracking device, or the
existence of the investigation to the listed subscriber, or to any other person, unless or until
otherwise ordered by the court.
    Subd. 5. Jurisdiction. A warrant or other order for a mobile tracking device issued under this
section or other authority may authorize the use of a mobile tracking device within the jurisdiction
of the court and outside of that jurisdiction as long as the device is installed in the jurisdiction.
History: 1988 c 577 s 58,62; 1989 c 336 art 1 s 10; art 2 s 8

626A.38 REGISTER, TRAP AND TRACE DEVICE, OR MOBILE TRACKING DEVICE.
    Subdivision 1. Pen registers or mobile tracking devices. Upon the request of an officer of a
law enforcement agency authorized to install and use a pen register or mobile tracking device
under sections 626A.35 to 626A.39, a provider of wire or electronic communication service,
landlord, custodian, or other person shall furnish the investigative or law enforcement officer
immediately with all information, facilities, and technical assistance necessary to accomplish the
installation of the pen register or mobile tracking 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 the assistance is directed by a court
order as provided in section 626A.37, subdivision 2, paragraph (b).
    Subd. 2. Trap and trace device. Upon the request of an officer of a law enforcement agency
authorized to receive the results of a trap and trace device under sections 626A.35 to 626A.39,
a provider of a wire or electronic communication service, landlord, custodian, or other person
shall install the device immediately on the appropriate line and shall furnish the 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 the installation and assistance is directed by a court
order as provided in section 626A.37, subdivision 2, paragraph (b). 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 by the court, at reasonable intervals during regular business
hours for the duration of the order.
    Subd. 3. Compensation. A provider of a wire or electronic communication service, landlord,
custodian, or other person who furnishes facilities or technical assistance under this section must
be reasonably compensated for reasonable expenses incurred in providing facilities and assistance.
    Subd. 4. No cause of action against a provider disclosing certain information. No cause
of action lies in any court against a 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 sections 626A.35 to 626A.39.
    Subd. 5.[Repealed, 1989 c 336 art 1 s 17]
History: 1988 c 577 s 59,62; 1989 c 336 art 1 s 11; art 2 s 8

626A.381 SERVICE OR NOTICE; INVENTORY.
    Subdivision 1. Notice required. Except as provided in subdivision 2, within a reasonable
time not later than 90 days after the filing of an application under section 626A.36, if the
application is denied, or of the termination of an order, as extended under section 626A.37, the
issuing or denying judge shall have served on the persons named in the order or application an
inventory that includes notice of:
(1) the fact of the entry of the order or the application;
(2) the date of the entry and the period of authorized, approved, or disapproved activity under
the order, or the denial of the application; and
(3) the fact that during the period, activity did or did not take place under the order.
    Subd. 2. Exception. On an ex parte showing of good cause, a judge may postpone or
dispense with service of the inventory required by this section.
    Subd. 3. Inspection. The judge, upon the filing of a motion, may make available to a person
or the person's counsel portions of the results of activity under the order or referred to in the
application, or the order or application as the judge determines is in the interest of justice.
History: 1989 c 336 art 1 s 12

626A.39 DEFINITIONS.
    Subdivision 1. Applicability. The terms in this section apply to sections 626A.35 to 626A.39.
    Subd. 2. Wire communication; electronic communication; electronic communication
service. The terms "wire communication," "electronic communication," and "electronic
communication service" have the meanings set forth for the terms in section 626A.01.
    Subd. 3. Pen register. "Pen register" means a device that records or decodes electronic or
other impulses that identify the number dialed or otherwise transmitted on the telephone line
to which the device is attached, but the term does not include a device used by a provider or
customer of a wire or electronic communications service for billing, or recording as an incident
to billing, for communications services provided by the provider or a device used by a provider
or customer of a wire communication service for cost accounting or other like purposes in the
ordinary course of its business.
    Subd. 4. Trap and trace device. "Trap and trace device" means a device which captures the
incoming electronic or other impulses that identify the originating number of an instrument or
device from which a wire or electronic communication was transmitted.
    Subd. 5. Mobile tracking device. "Mobile tracking device" means an electronic or
mechanical device that permits the tracking of the movement of a person or object.
History: 1988 c 577 s 60,62; 1989 c 336 art 1 s 13; art 2 s 8

626A.391 CIVIL ACTION; DAMAGES.
    Subdivision 1. General. A person who is harmed by a violation of sections 626A.35 to
626A.39 may bring a civil action against the person who violated these sections for damages and
other appropriate relief, including:
(1) preliminary and equitable or declaratory relief; and
(2) reasonable costs and attorneys fees.
    Subd. 2. Limitation. An action under this section must be commenced within two years after:
(1) the occurrence of the violation; or
(2) the date upon which the claimant first had a reasonable opportunity to discover the
violation.
    Subd. 3. Defenses. (1) A good faith reliance on a court warrant or order, a grand jury
subpoena, or a statutory authorization; or
(2) A good faith reliance on a request of an investigative or law enforcement officer under
United States Code, title 18, section 2518(7)
is a complete defense against any civil or criminal action brought under sections 626A.35 to
626A.39.
History: 1988 c 577 s 62; 1989 c 336 art 1 s 14; art 2 s 8

626A.40 SUBJECT TO OTHER LAWS.
Nothing in this chapter authorizes conduct constituting a violation of any law of the United
States.
History: 1988 c 577 s 61,62; 1989 c 336 art 1 s 15; art 2 s 8

626A.41 CITATION.
This chapter may be cited as the "Privacy of Communications Act."
History: 1988 c 577 s 62; 1989 c 336 art 1 s 16; art 2 s 8