Pen register; trap-and-trace device; installation.

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86-2,101. Pen register; trap-and-trace device; installation.

(1) Upon the request of an investigative or law enforcement officer authorized to install and use a pen register under sections 86-298 to 86-2,101, a provider, landlord, custodian, or other person shall furnish such investigative or law enforcement officer 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 that the person so ordered by the court accords the party with respect to whom the installation and use is to take place if such assistance is directed by a court order as provided in section 86-2,100.

(2) Upon the request of an investigative or law enforcement officer authorized to receive the results of a trap-and-trace device under sections 86-298 to 86-2,101, a provider, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such 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 such installation and assistance is directed by a court order as provided in section 86-2,100. Unless otherwise ordered by the court, the results of the trap-and-trace device shall be furnished to the investigative or law enforcement officer, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

(3) A provider, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

(4) No cause of action shall lie in any court against any provider, its officers, employees, or agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under sections 86-298 to 86-2,101.

(5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization shall be a complete defense against any civil or criminal action brought under sections 86-298 to 86-2,101 or any other law.

Source

  • Laws 1988, LB 899, § 12;
  • R.S.1943, (1999), § 86-707.06;
  • Laws 2002, LB 1105, § 163.


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