Law / United States / 
Oregon
Oregon Pen Register and Trap and Trace Device Statute
In force.
A device storage and tracking consent rule binding public and private bodies.
- Enforcement body
- Criminal prosecution by the State; the sections name no civil action.
- Obligation class
- Prohibition
As of .
What it requires
- Do not install or use a pen register or trap and trace device unless a court order or statute allows it; a device a provider or its customer uses for billing, or for cost accounting in the ordinary course of business, is not a pen register.
- A provider of wire or electronic communication service may use such a device to operate, maintain, test or protect its service, its rights or property or its users, to record that a communication was initiated or completed to protect against fraudulent, unlawful or abusive use, or with the consent of the service's user; these exceptions belong to the provider.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
ORS 165.657 to 165.673 state no penalty; ORS 161.555(3) provides that an offense defined by statute without a stated classification or penalty is a Class A misdemeanor, punishable under the general misdemeanor sentencing statutes by up to 364 days' imprisonment and a fine of up to $6,250.
What this law does
No person may install or use a pen register or trap and trace device except as the listed court-order and interception statutes and ORS 165.657 to 165.673 allow.
A pen register is a device that records or decodes impulses identifying the numbers dialed or otherwise transmitted on the telephone line it is attached to, but not a device a provider, or a customer of a provider, uses for billing or recording incident to billing, or for cost accounting or similar purposes in the ordinary course of its business. A trap and trace device is a device that captures the originating number of an incoming communication.
A provider of wire or electronic communication service may use such a device in operating, maintaining, testing or protecting its service, its rights or property or its users, to record that a communication was initiated or completed to protect against fraudulent, unlawful or abusive use, or where the consent of the user of that service has been obtained; all three are provider exceptions.
The sections state no penalty, and ORS 161.555(3) provides that an offense defined by statute without a stated classification or penalty is a Class A misdemeanor. The general misdemeanor sentencing statutes cap a Class A misdemeanor at 364 days' imprisonment. They separately cap its fine at $6,250. The sections name no private civil action, and ORS 165.669(4) bars an action against a provider that assists under a court order.
When LexLint raises it
When your app profile says your app tracks devices.