Kansas Attorney General Opinion 1992-080

ROBERT T. STEPHAN
ATTORNEY GENERAL
June 22, 1992
ATTORNEY GENERAL OPINION NO. 92- 80
The Honorable August Bogina, Jr.
State Senator, Tenth District
5747 Richards Circle
Shawnee, Kansas 66216
Re: Criminal Procedure--Search and Seizure--Authorized
Installation or Use of a Private Trap and Trace
Device; Telephonic Devices
Synopsis: A "caller ID" service provided by a telephone
company to a customer who subscribes to the service
is essentially a trap and trace device which
enables the person receiving the phone call to view
the telephone number of the incoming call prior to
answering the phone. Such devices are generally
prohibited without a court order under K.S.A.
22-2525. However, as caller ID service is provided
only at the customer's request, it would fall under
the exception to the prohibition in K.S.A.
22-2525(c) as the user of the service has clearly
consented and indeed subscribed to such service.
Therefore, a caller ID service would not violate
Kansas law. Cited herein: K.S.A. 22-2525; 22-2529.
Dear Senator Bogina:
As senator for the tenth district of the state of Kansas, you
requested our opinion as to whether providing or using a
"caller ID" service would be in violation of Kansas law, in
particular K.S.A. 22-2525. In your letter you provide a
description of caller ID as being a service and equipment

provided by local telephone companies to subscribing customers
which would allow the customer to check the calling party's
telephone number prior to answering the call. The purpose of
providing such information is apparently to assist in
screening unwanted calls or prioritizing calls from several
sources.
An essentially similar service has been utilized by the
telephone companies at the request of customers and law
enforcement agencies with court orders for a number of years,
wherein a "trap and trace device" is placed on a line and the
numbers from incoming telephone calls are collected. This
practice was first statutorily regulated in Kansas in 1988.
K.S.A. 22-2529 defines a trap and trace device as "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."
In our opinion the caller ID service that you describe falls
in the definition of trap and trace device and as such would
be subject to the limitations prescribed by statute, in
particular the general prohibition contained in K.S.A. 22-2525
which states:
"(1) Except as provided in this section,
no person may install or use a pen
register or a trap and trace device
without first obtaining a court order
under K.S.A. 22-2527.
"(2) The prohibition of subsection (1)
shall not apply with respect to the use of
a pen register or a trap and trace device
by a provider:
"(a) Relating to the operation,
maintenance and testing of an electronic
communication service to the protection of
the rights or property of such provider or
to the protection of users of that service
from abuse of service or unlawful use of
service;
"(b) to record the fact that a wire or
electronic communication was initiated or
completed in order to protect such
provider, another provider furnishing
service toward the completion of the wire

communication or a user of such service
from fraudulent, unlawful or abusive use
of service; or
"(c) when the consent of the user of such
service has been obtained.
"(3) Whoever knowingly violates
subsection (1) shall be guilty of a class
C misdemeanor."
Any person who subscribes to and pays for an additional
service such as caller ID presumably consents to it's
installation and use. As such, the exception contained in
subsection (c) would exempt providing or using caller ID from
the prohibition contained in this statute.
Very truly yours,
ROBERT T. STEPHAN
Attorney General of Kansas
Kyle G. Smith
Assistant Attorney General
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