Law / United States / 
Texas
Unlawful Use of Pen Register or Trap and Trace Device
In force since .
A device storage and tracking consent rule binding public and private bodies.
- Enforcement body
- Criminal prosecution by the State; section 16.03 gives no private civil action.
- Obligation class
- Prohibition
What it requires
- Do not knowingly install or use a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.
- It is a defense that you are a communication common carrier's officer, employee or agent recording numbers in the normal course of the carrier's business to protect its property or services or to assist a peace officer you reasonably believe is authorized, an officer, employee or agent of a lawful enterprise acting as a necessary incident to its services or the protection of its property and not to gather information for a law enforcement or private investigative agency (other than about theft of its communication or information services), or a person authorized under Code of Criminal Procedure chapter 18B.
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
A violation is a state jail felony, punishable by confinement in a state jail for 180 days to two years and a fine of up to $10,000 (Penal Code section 12.35).
What this law does
A person commits an offense by knowingly installing or using a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.
It is an affirmative defense that the actor is a communication common carrier's officer, employee or agent recording numbers in the normal course of the carrier's business to protect its property or services or to assist a peace officer the actor reasonably believes is authorized, an officer, employee or agent of a lawful enterprise acting as a necessary incident to the enterprise's services or the protection of its property and not to gather information for a law enforcement or private investigative agency (other than about theft of its communication or information services), or a person authorized under Code of Criminal Procedure chapter 18B. Chapter 18B lets a judge order the installation and use of a pen register, ESN reader or similar equipment by an authorized peace officer.
An offense is a state jail felony, and the section gives no private civil action.
When LexLint raises it
When your app profile says your app tracks devices.
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