A Legal Guide to PRIVACY AND DATA SECURITY 2025

(ii) by a governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public; (iii) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or (iv) by a marine or aeronautical communications system; (3) to engage in any conduct which: (i) is prohibited by section 553 of title 47 of the United States Code; or (ii) is excepted from the application of section 605(a) of title 47 of the United States Code by section 605(b) of that title; (4) to intercept a wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or (5) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if the communication is not scrambled or encrypted. (f) It is not unlawful under this chapter: (1) to use a pen register or a trap and trace device as those terms are defined by Minn. Stat. § 626A.39; or (2) for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of the service. (g) It is not unlawful under this chapter for a person not acting under color of law to intercept the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit if the initial interception of the communication was obtained inadvertently.

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