2011 ORS § 165.669¹
Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device
  • compensation to persons
  • immunity

(1) Upon service of an order issued under ORS 133.545 (Issuance and execution of search warrant), 133.575 (Execution of warrant), 133.595 (List of things seized), 133.617 (Mobile tracking device defined), 133.619 (Execution of warrant authorizing mobile tracking device), 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), 133.724 (Order for interception of communications), 133.729 (Recording intercepted communications), 133.731 (Inventory), 133.735 (Suppression of intercepted communications), 133.737 (Disclosure and use of intercepted communications), 133.739 (Civil damages for willful interception, disclosure or use of communications), 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited), a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the investigating law enforcement agency forthwith with 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 the order.

(2) Under service of an order issued under ORS 133.545 (Issuance and execution of search warrant), 133.575 (Execution of warrant), 133.595 (List of things seized), 133.617 (Mobile tracking device defined), 133.619 (Execution of warrant authorizing mobile tracking device), 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), 133.724 (Order for interception of communications), 133.729 (Recording intercepted communications), 133.731 (Inventory), 133.735 (Suppression of intercepted communications), 133.737 (Disclosure and use of intercepted communications), 133.739 (Civil damages for willful interception, disclosure or use of communications), 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited), a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the investigating law enforcement agency forthwith with all information, facilities and technical assistance necessary to accomplish the installation of the trap and trace 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 assistance is directed by the order. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the police officer designated in the order at reasonable intervals during regular business hours for the duration of the order.

(3) A provider of wire or electronic communication service, landlord, custodian or other person who furnishes facilities or technical assistance pursuant to ORS 133.545 (Issuance and execution of search warrant), 133.575 (Execution of warrant), 133.595 (List of things seized), 133.617 (Mobile tracking device defined), 133.619 (Execution of warrant authorizing mobile tracking device), 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), 133.724 (Order for interception of communications), 133.729 (Recording intercepted communications), 133.731 (Inventory), 133.735 (Suppression of intercepted communications), 133.737 (Disclosure and use of intercepted communications), 133.739 (Civil damages for willful interception, disclosure or use of communications), 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited) 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 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 ORS 133.545 (Issuance and execution of search warrant), 133.575 (Execution of warrant), 133.595 (List of things seized), 133.617 (Mobile tracking device defined), 133.619 (Execution of warrant authorizing mobile tracking device), 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739), 133.724 (Order for interception of communications), 133.729 (Recording intercepted communications), 133.731 (Inventory), 133.735 (Suppression of intercepted communications), 133.737 (Disclosure and use of intercepted communications), 133.739 (Civil damages for willful interception, disclosure or use of communications), 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited). [1989 c.983 §§20,21,22,23]