A person may not install or use a pen register or trap and trace device without first obtaining a court order under this chapter. The prohibition in this section 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:

Terms Used In North Dakota Code 29-29.3-02

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 such 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 such 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; or

3.    When the consent of the user of that service has been obtained.