Section 44: Service observing; interception
Section 44. Service Observing, Interception.—Service observing of telephone lines conducted by telephone companies for the purpose of determining the quality of transmission or for any other purpose shall cease as soon as a connection is established between the users of the telephone line. Notwithstanding any other law, the line of any subscriber of a telephone company shall not be monitored by a telephone company for the purpose of service observing or random monitoring, if he shall so request in writing to the telephone company. Any subscriber may seek an injunction in the superior court to prevent such service observing or random monitoring.
The department of telecommunications and cable shall require that each telephone company file annually with it a complete report of all service observing activity carried on by any telephone company including the number of calls monitored during the previous calendar year, all rules and regulations of the telephone companies for such service observing, a complete description of the location of each service observing facility, for each past calendar year the number of employees engaged in service observing and a statement of the expenses incurred for such service observing to include salaries, cost of capital equipment and maintenance and replacement costs of such equipment, and administrative expenses incurred. The department shall also conduct periodic inspections at least semiannually of such service observing to determine whether or not it complies with this section and the accuracy of the reports filed. In the event of the failure of any telephone company to comply with this section the department of telecommunications and cable must order that the activity cease until compliance is obtained and may seek an enforcement order in the Superior Court of Suffolk County.