1997 Minnesota Statutes

     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.  

    HIST: 1988 c 577 s 56,62; 1989 c 336 art 1 s 8; art 2 s 8