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§ 23A-35A-23 Application of prohibition to provider of wire or electronic communication service.

SD Codified L § 23A-35A-23 (2019) (N/A)
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23A-35A-23. Application of prohibition to provider of wire or electronic communication service. The prohibition in § 23A-35A-22 does not apply with respect to the use of a pen register or a trap and trace device by a provider of wire or electronic 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;

(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 or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of service; or

(3) If the consent of the user of that service has been obtained.Source: SL 1988, ch 194, § 3; SL 2017, ch 108, § 18.

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§ 23A-35A-22 Use of pen register or trap and trace device without court order prohibited--Violation as misdemeanor.
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§ 23A-35A-24 Application for order authorizing use of pen register or trap and trace device.