934.31 General prohibition on
pen register and trap and trace device use; exception. ---
(1) Except as provided in this section, no person may
install or use a pen register or a trap and trace device without
first obtaining a court order under s. 934.33.
(2) The prohibition of subsection (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:
(a) Which relates 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;
(b) To record the fact that a wire or electronic
communication was initiated or completed in order to protect the
provider thereof, another provider furnishing service toward the
completion of the wire communication, or a user of the service,
from fraudulent, unlawful, or abusive use of service; or
(c) Where the consent of the user of the service has been
obtained.
(3) Whoever knowingly violates subsection (1) is
guilty of a misdemeanor of the first degree, punishable as provided
in s. 775.082, s. 775.083, or s. 934.41.
History: s. 10, ch. 88-184; s. 12, ch. 89-269.
