Law / United States / 
Oklahoma
Pen register and trap and trace device installation or use
Okla. Stat. tit. 13, §§ 177.1 to 177.5
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os13.pdfIn force since .
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Prohibition
What it requires
- Do not install or use a pen register or a trap and trace device on a telephone line without first obtaining a court order, unless you are a wire or electronic communication service provider acting to protect your own operations or property, to prevent fraudulent or unlawful use of your service, or you have obtained the user's consent.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Knowingly installing or using a pen register or a trap and trace device without a court order or an applicable exception is a misdemeanor punished by a fine not exceeding $1,000.00, imprisonment of not more than one year, or both.
Penalty structure
The $1,000.00 cap is a criminal fine that may be imposed together with imprisonment of not more than one year; the Act states no separate civil penalty.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 1,000
What this law does
Section 177.2 bars any person from installing or using a pen register or a trap and trace device without first obtaining a court order, except for a wire or electronic communication service provider acting to protect its own operations or property, to prevent fraudulent or unlawful use of its service, or with the consent of the service's user. A knowing violation is a misdemeanor punished by a fine not exceeding $1,000.00, imprisonment of not more than one year, or both.
Only a law enforcement officer, prosecutor, or the Attorney General may apply for the court order that section 177.2 requires. The Act does not itself create a civil cause of action for a violation; section 177.5 bars a cause of action against a provider that assists under a court order and gives a good-faith reliance on a court order a complete defense to a civil or criminal action brought under the Act.
When LexLint raises it
When your app profile says your app tracks devices.
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