77-23a-16. Communications provider -- Cooperation and support services --
Compensation -- Liability defense.
(1) Upon the request of an attorney for the government or an officer of a law enforcement
agency authorized to install and use pen registers under this chapter, a provider of wire or
electronic communications service, landlord, custodian, or other person shall furnish investigative
or law enforcement officers forthwith all information, facilities, and technical assistance necessary
to accomplish the installation of the pen register unobtrusively and with a minimum of
interference with the services the person ordered by the court accords the party regarding whom
the installation and use is to take place, if such assistance is directed by a court order as provided
in Subsection 77-23a-15 (2) (b) of this chapter.
(2) (a) Upon request of an attorney for the government or an officer of a law enforcement
agency authorized to receive the results of a trap and trace device under this chapter, a provider of
wire or electronic communications service, landlord, custodian, or other person shall install the
device forthwith on the appropriate line.
(b) He shall also 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 under Section 77-23a-15 (2) (b).
(c) Unless otherwise ordered by the court, the results of the trap and trace device shall be
furnished to the officer of the law enforcement agency designated by the court, at reasonable
intervals and during regular business hours, for the duration of the order.
(3) A provider of wire or electronic communications service, landlord, custodian, or other
person who furnishes facilities or technical assistance under this section shall be reasonably
compensated for reasonable expenses incurred in providing the facilities and assistance.
(4) A cause of action does not lie in any court against the provider of wire or electronic
communications service, its officers, employees, agents, or other specified persons, for providing
information, facilities, or assistance in accordance with the terms of a court order under this
chapter.
(5) A good faith reliance on a court order, a legislative authorization, or a statutory
authorization, is a complete defense against any civil or criminal action brought under this chapter
or any other law.
Enacted by Chapter 251, 1988 General Session
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Last revised: Thursday, May 28, 2009