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Cyber Security - the Laws that Govern Incident Response - page 15 / 38

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2j. Tracing Traffic Data During an Incident; Header Information (2)

Akin to the Wiretap Act, Pen/Trap also grants providers exceptions to the general restrictions on intercepting header info.

Exceptions:

Provider exception is broad:

can intercept if “relating to the “operation, maintenance, and testing,” of the service, or to protect the rights or property of the provider, or to protect users of that service from abuse of service or unlawful use of service

Consent of user

to record the fact that a wire or electronic communication was initiated or completed

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