Section 638.51 Of Chapter 1.5. Invasion Of Privacy From California Penal Code >> Title 15. >> Part 1. >> Chapter 1.5.
638.51
. (a) Except as provided in subdivision (b), a person may not
install or use a pen register or a trap and trace device without
first obtaining a court order pursuant to Section 638.52 or 638.53.
(b) A provider of electronic or wire communication service may use
a pen register or a trap and trace device for any of the following
purposes:
(1) To operate, maintain, and test a wire or electronic
communication service.
(2) To protect the rights or property of the provider.
(3) To protect users of the service from abuse of service or
unlawful use of service.
(4) To record the fact that a wire or electronic communication was
initiated or completed 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.
(5) If the consent of the user of that service has been obtained.
(c) A violation of this section is punishable by a fine not
exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail not exceeding one year, or by
imprisonment pursuant to subdivision (h) of Section 1170, or by both
that fine and imprisonment.
(d) A good faith reliance on an order issued pursuant to Section
638.52, or an authorization made pursuant to Section 638.53, is a
complete defense to a civil or criminal action brought under this
section or under this chapter.