Order authorizing installation and use of pen register or trap and trace device

1. Except as otherwise provided in 18 U.S.C. §§ 3121 - 3127 , a person shall not install or use a pen register or trap and trace device without first obtaining an order from a district court of this State.

2. District courts of this State may issue orders authorizing the installation and use of a pen register or trap and trace device upon the application of a district attorney, the Attorney General or their deputies or of a peace officer, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121 - 3127 .

3. The district court may accept a facsimile or electronic copy of the signature of any person required to give an oath or affirmation as part of an application submitted pursuant to subsection 2 as an original signature to the application.

4. Secure electronic transmission may be used for the submission of an application and affidavit required by subsection 2 and for the issuance of an order authorizing the installation and use of a pen register or trap and trace device. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this subsection.

5. A public utility that relies, in good faith, upon an order of a district court authorizing the installation and use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the installation and use of the pen register or trap and trace device in accordance with the order of the court.

6. As used in this section: (a) “ Peace officer ” means: (1) Sheriffs of counties and metropolitan police departments and their deputies; (2) Personnel of the Department of Public Safety who have the powers of peace officers pursuant to NRS 289.270 ; (3) Police officers of cities and towns; (4) Agents of the Nevada Gaming Control Board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS; (5) Special investigators employed by the Attorney General who have the powers of peace officers pursuant to NRS 289.170 ; (6) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170 ; (7) The Inspector General of the Department of Corrections and the criminal investigators employed by the Department who have the powers of peace officers pursuant to NRS 289.220 ; and (8) Federal law enforcement officers who are members of a task force composed of federal and state or local law enforcement agencies. (b) “Pen register” has the meaning ascribed to it in 18 U.S.C. § 3127(3) . (c) “ Secure electronic transmission ” means the sending of information from one computer system to another computer system in such a manner as to ensure that: (1) No person other than the intended recipient receives the information; (2) The identity and signature of the sender of the information can be authenticated; and (3) The information which is received by the intended recipient is identical to the information that was sent. (d) “Trap and trace device” has the meaning ascribed to it in 18 U.S.C. § 3127(4) .