South Dakota § 23A-35A-21 - Exemptions from chapter.

§ 23A-35A-21. Exemptions from chapter.

The following is exempt from the provisions of this chapter:

(1)    Wiretapping and eavesdropping pursuant to an ex parte order granted pursuant to § 23A-35A-6;

(2)    The normal use of services, equipment, and facilities provided by a common carrier pursuant to tariffs on file with the Public Utilities Commission of the State of South Dakota or the federal communications commission;

(3)    The normal functions of any operator of a switchboard;

(4)    Any officer, agent, or employee of a communications common carrier engaged in the business of providing service, equipment, and facilities for communication who performs acts otherwise prohibited by this chapter in providing such communication services, equipment, and facilities or in constructing, maintaining, repairing, operating, or using same, including the obtaining of billing and accounting information, the protecting of the communication services, equipment, and facilities from illegal use in violation of tariffs on file with the corporation commission of this state or the federal communications commission and the protecting of the common carrier from the commission of fraud against it;

(5)    The providing of requested information or other response to a subpoena or other order issued by a court of competent jurisdiction or on demand of other lawful authority; and

(6)    Any officer, agent, or employee of a communications common carrier, or any common carrier, who provides information, facilities, or technical assistance to an investigative or law enforcement officer authorized to intercept or eavesdrop pursuant to an ex parte order granted pursuant to § 23A-35A-6.

Source: SL 1980, ch 181, § 21; SL 1984, ch 12, § 18; SL 2017, ch 108, § 17.