Title 165 · ORS Chapter 165

and 165.581 do not apply to:

Citation: ORS 165.579

Section: 165.579

165.579 and 165.581 do not apply to:

����� (1) Officers, employees or agents of cellular telephone service providers who engage in conduct prohibited by ORS 165.577, 165.579 or 165.581 for the purpose of constructing, maintaining or conducting the radio telecommunication service or for law enforcement purposes;

����� (2) Law enforcement officers and public officials in charge of jails, police premises, sheriffs� offices, Department of Corrections institutions and other penal or correctional institutions, or any other person under the color of law, who engages in conduct prohibited by ORS 165.577, 165.579 or 165.581 for the purpose of law enforcement or in the normal course of the officer�s or official�s employment activities or duties; and

����� (3) Officers, employees or agents of federal or state agencies that are authorized to monitor or intercept cellular telephone service in the normal course of the officer�s, employee�s or agent�s employment. [1995 c.524 �5]

����� 165.585 [1995 c.524 ��6,7; repealed by 2001 c.666 �56]

����� 165.586 [2001 c.666 �51; repealed by 2005 c.830 �48]

����� 165.605 [Repealed by 1971 c.743 �432]

����� 165.610 [Repealed by 1971 c.743 �432]

����� 165.615 [Amended by 1965 c.454 �1; repealed by 1971 c.743 �432]

����� 165.620 [Repealed by 1971 c.743 �432]

����� 165.625 [Repealed by 1971 c.743 �432]

����� 165.655 [Formerly 74.500; repealed by 1971 c.743 �432]

USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES

����� 165.657 Definitions for ORS 165.659 to 165.669. As used in ORS 165.659 to 165.669, unless the context requires otherwise:

����� (1) �Electronic communication� has the meaning given in ORS 133.721.

����� (2) �Pen register� means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but does not include any device used by a provider or customer of a provider of electronic or wire communication service for billing or recording as an incident to billing for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

����� (3) �Police officer� has the meaning given in ORS 133.525.

����� (4) �Trap and trace device� means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

����� (5) �Wire communication� has the meaning given in ORS 133.721. [1989 c.983 �15]

����� 165.659 General prohibition. Except as provided in ORS 133.545, 133.575, 133.595, 133.617, 133.619, 133.721,