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This entry was published on 2014-09-22
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SECTION 705.35
Assistance in installation and use of a pen register or a trap and trace device
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 705
§ 705.35 Assistance in installation and use of a pen register or a trap

and trace device.

1. Upon the request of an applicant authorized to use a pen register
under this article, a provider of a wire or electronic communication
service, landlord, custodian, or other person shall furnish such
applicant, or his agent, forthwith all information, facilities and
technical assistance necessary to accomplish the installation of the pen
register unobtrusively and with a minimum of interference with the
services that the person so ordered by the court accords the party with
respect to whom the installation and use is to take place, if such
assistance is directed by a court order as provided in section 705.10 of
this article.

2. Upon the request of an applicant authorized to receive the results
of a trap and trace device under this article, a provider of a wire or
electronic communication service, landlord, custodian, or other person
shall install such device forthwith on the appropriate line and shall
furnish such applicant forthwith all information, facilities and
technical assistance including installation and operation of the device
unobtrusively and with a minimum of interference with the services that
the person so ordered by the court accords the party with respect to
whom the installation and use is to take place, if such installation and
assistance is directed by the court order as provided in section 705.10
of this article. Unless otherwise ordered by the court, the results of
the trap and trace device shall be furnished to the applicant, or his
agent, at reasonable intervals during regular business hours for the
duration of the order.

3. A provider of a wire or electronic communication service,
landlord, custodian, or other person who furnishes facilities or
technical assistance pursuant to this section shall be reasonably
compensated for such reasonable expenses incurred in providing such
facilities and assistance.

4. No cause of action shall lie in any court against any provider of a
wire or electronic communication service, its officers, employees,
agents or other specified persons for providing information, facilities
or assistance in accordance with the terms of a court order under this
article. A good faith reliance by a provider of a wire or electronic
communication service upon the validity of a court order issued pursuant
to this article is a complete defense against any civil cause of action
or criminal action based entirely on a failure to comply with this
article.