Law / United States / 
Montana
Limitations on Use of Pen Register or Trap and Trace Device
Mont. Code Ann. §§ 46-4-401, 46-4-402
In force.
A device storage and tracking consent rule binding public and private bodies.
- Enforcement body
- Criminal prosecution by the state; the section gives no private civil action.
- Obligation class
- Prohibition
As of .
What it requires
- Do not install or use a pen register or a trap and trace device, a device that records or decodes the number dialed or the originating number of a wire or electronic communication, without a court order, unless you are the provider of the communication service using it to operate, maintain, test or protect the service or its users, to guard against fraud, or with the consent of each person whose number is recorded or decoded.
- Do not use a pen register or trap and trace device that has the ability to record conversations.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
A person who knowingly installs or uses a pen register or trap and trace device without a court order, outside the provider exceptions, commits a criminal offense punishable by up to 6 months' imprisonment and a fine of up to $500.
What this law does
Montana bars any person, not only a law enforcement officer, from installing or using a pen register or a trap and trace device without a court order, and bars using a pen register or trap and trace device that has the ability to record conversations.
The court-order requirement does not apply to a provider of a wire or electronic communication service using such a device to operate, maintain or test the service, to protect its rights and property or a user from abuse or unlawful use, to record that a communication was initiated or completed to guard against fraud, or with the consent of each person whose originating or transmitted number is recorded or decoded.
A knowing violation is a criminal offense punishable by up to 6 months in jail and a fine of up to $500; the statute gives no civil action of its own.
When LexLint raises it
When your app profile says your app tracks devices.