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8 August 1999
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

See also: Wire and Electronic Communications Interception and Interception of Oral Communications - 18 USC Chapter 119

Stored Wire and Electronic Communications and Transactional Records Access - 18 USC Chapter 121

    From the U.S. Code Online via GPO Access
    [wais.access.gpo.gov]
    [Laws in effect as of January 27, 1998]
    [Document not affected by Public Laws enacted between
      January 27, 1998 and November 30, 1998]
    [CITE: 18USC]

                     TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                           PART II--CRIMINAL PROCEDURE

              CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES

    Sec.
    3121.         General prohibition on pen register and trap and trace
                      device use; exception.
    3122.         Application for an order for a pen register or a trap and
                      trace device.
    3123.         Issuance of an order for a pen register or a trap and
                      trace device.
    3124.         Assistance in installation and use of a pen register or a
                      trap and trace device.
    3125.         Emergency pen register and trap and trace device
                      installation.
    3126.         Reports concerning pen registers and trap and trace
                      devices.
    3127.         Definitions for chapter.

                                   Amendments

        1988--Pub. L. 100-690, title VII, Secs. 7068, 7092(c), Nov. 18,
    1988, 102 Stat. 4405, 4411, substituted ``trap and trace'' for ``trap or
    trace'' in item 3123, added item 3125, and redesignated former items
    3125 and 3126 as 3126 and 3127, respectively.

                      Chapter Referred to in Other Sections

        This chapter is referred to in sections 2511, 2522 of this title.

    [CITE: 18USC3121]

    Sec. 3121. General prohibition on pen register and trap and
            trace device use; exception

        (a) In General.--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 section 3123 of this title or under the
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
        (b) Exception.--The prohibition of subsection (a) does not apply
    with respect to the use of a pen register or a trap and trace device by
    a provider of electronic or wire communication service--
            (1) relating to the operation, maintenance, and testing of a
        wire or electronic communication service or 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; or
            (2) 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 that service, from fraudulent,
        unlawful or abusive use of service; or (3) where the consent of the
        user of that service has been obtained.

        (c) Limitation.--A government agency authorized to install and use a
    pen register under this chapter or under State law shall use technology
    reasonably available to it that restricts the recording or decoding of
    electronic or other impulses to the dialing and signaling information
    utilized in call processing.
        (d) Penalty.--Whoever knowingly violates subsection (a) shall be
    fined under this title or imprisoned not more than one year, or both.

    (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat.
    1868; amended Pub. L. 103-414, title II, Sec. 207(b), Oct. 25, 1994, 108
    Stat. 4292.)

                           References in Text

        The Foreign Intelligence Surveillance Act of 1978, referred to in
    subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
    amended, which is classified principally to chapter 36 (Sec. 1801 et
    seq.) of Title 50, War and National Defense. For complete classification
    of this Act to the Code, see Short Title note set out under section 1801
    of Title 50 and Tables.

                                   Amendments

        1994--Subsecs. (c), (d). Pub. L. 103-414 added subsec. (c) and
    redesignated former subsec. (c) as (d).

                                 Effective Date

        Section 302 of title III of Pub. L. 99-508 provided that:
        ``(a) In General.--Except as provided in subsection (b), this title
    and the amendments made by this title [enacting this chapter and section
    1367 of this title] shall take effect ninety days after the date of the
    enactment of this Act [Oct. 21, 1986] and shall, in the case of conduct
    pursuant to a court order or extension, apply only with respect to court
    orders or extensions made after this title takes effect.
        ``(b) Special Rule for State Authorizations of Interceptions.--Any
    pen register or trap and trace device order or installation which would
    be valid and lawful without regard to the amendments made by this title
    shall be valid and lawful notwithstanding such amendments if such order
    or installation occurs during the period beginning on the date such
    amendments take effect and ending on the earlier of--
            ``(1) the day before the date of the taking effect of changes in
        State law required in order to make orders or installations under
        Federal law as amended by this title; or
            ``(2) the date two years after the date of the enactment of this
        Act [Oct. 21, 1986].''

    [CITE: 18USC3122]

    Sec. 3122. Application for an order for a pen register or a trap
            and trace device

        (a) Application.--(1) An attorney for the Government may make
    application for an order or an extension of an order under section 3123
    of this title authorizing or approving the installation and use of a pen
    register or a trap and trace device under this chapter, in writing under
    oath or equivalent affirmation, to a court of competent jurisdiction.
        (2) Unless prohibited by State law, a State investigative or law
    enforcement officer may make application for an order or an extension of
    an order under section 3123 of this title authorizing or approving the
    installation and use of a pen register or a trap and trace device under
    this chapter, in writing under oath or equivalent affirmation, to a
    court of competent jurisdiction of such State.
        (b) Contents of Application.--An application under subsection (a) of
    this section shall include--
            (1) the identity of the attorney for the Government or the State
        law enforcement or investigative officer making the application and
        the identity of the law enforcement agency conducting the
        investigation; and
            (2) a certification by the applicant that the information likely
        to be obtained is relevant to an ongoing criminal investigation
        being conducted by that agency.

    (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat.
    1869.)

                      Section Referred to in Other Sections

        This section is referred to in section 3123 of this title.

    [CITE: 18USC3123]

    Sec. 3123. Issuance of an order for a pen register or a trap and
            trace device

        (a) In General.--Upon an application made under section 3122 of this
    title, the court shall enter an ex parte order authorizing the
    installation and use of a pen register or a trap and trace device within
    the jurisdiction of the court if the court finds that the attorney for
    the Government or the State law enforcement or investigative officer has
    certified to the court that the information likely to be obtained by
    such installation and use is relevant to an ongoing criminal
    investigation.
        (b) Contents of Order.--An order issued under this section--
            (1) shall specify--
                (A) the identity, if known, of the person to whom is leased
            or in whose name is listed the telephone line to which the pen
            register or trap and trace device is to be attached;
                (B) the identity, if known, of the person who is the subject
            of the criminal investigation;
                (C) the number and, if known, physical location of the
            telephone line to which the pen register or trap and trace
            device is to be attached and, in the case of a trap and trace
            device, the geographic limits of the trap and trace order; and
                (D) a statement of the offense to which the information
            likely to be obtained by the pen register or trap and trace
            device relates; and

            (2) shall direct, upon the request of the applicant, the
        furnishing of information, facilities, and technical assistance
        necessary to accomplish the installation of the pen register or trap
        and trace device under section 3124 of this title.

        (c) Time Period and Extensions.--(1) An order issued under this
    section shall authorize the installation and use of a pen register or a
    trap and trace device for a period not to exceed sixty days.
        (2) Extensions of such an order may be granted, but only upon an
    application for an order under section 3122 of this title and upon the
    judicial finding required by subsection (a) of this section. The period
    of extension shall be for a period not to exceed sixty days.
        (d) Nondisclosure of Existence of Pen Register or a Trap and Trace
    Device.--An order authorizing or approving the installation and use of a
    pen register or a trap and trace device shall direct that--
            (1) the order be sealed until otherwise ordered by the court;
        and
            (2) the person owning or leasing the line to which the pen
        register or a trap and trace device is attached, or who has been
        ordered by the court to provide assistance to the applicant, not
        disclose the existence of the pen register or trap and trace device
        or the existence of the investigation to the listed subscriber, or
        to any other person, unless or until otherwise ordered by the court.

    (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat.
    1869.)

                      Section Referred to in Other Sections

        This section is referred to in sections 3121, 3122, 3124, 3125 of
    this title.

    [CITE: 18USC3124]

    Sec. 3124. Assistance in installation and use of a pen register
            or a trap and trace device

        (a) Pen Registers.--Upon the request of an attorney for the
    Government or an officer of a law enforcement agency authorized to
    install and use a pen register under this chapter, a provider of wire or
    electronic communication service, landlord, custodian, or other person
    shall furnish such investigative or law enforcement officer forthwith
    all information, facilities, and technical assistance necessary to
    accomplish the installation of the pen register unobtrusively and with a
    minimum of interference with the services that the person so ordered by
    the court accords the party with respect to whom the installation and
    use is to take place, if such assistance is directed by a court order as
    provided in section 3123(b)(2) of this title.
        (b) Trap and Trace Device.--Upon the request of an attorney for the
    Government or an officer of a law enforcement agency authorized to
    receive the results of a trap and trace device under this chapter, a
    provider of a wire or electronic communication service, landlord,
    custodian, or other person shall install such device forthwith on the
    appropriate line and shall furnish such investigative or law enforcement
    officer all additional information, facilities and technical assistance
    including installation and operation of the device unobtrusively and
    with a minimum of interference with the services that the person so
    ordered by the court accords the party with respect to whom the
    installation and use is to take place, if such installation and
    assistance is directed by a court order as provided in section
    3123(b)(2) of this title. Unless otherwise ordered by the court, the
    results of the trap and trace device shall be furnished, pursuant to
    section 3123(b) or section 3125 of this title, to the officer of a law
    enforcement agency, designated in the court order, at reasonable
    intervals during regular business hours for the duration of the order.
        (c) Compensation.--A provider of a wire or electronic communication
    service, landlord, custodian, or other person who furnishes facilities
    or technical assistance pursuant to this section shall be reasonably
    compensated for such reasonable expenses incurred in providing such
    facilities and assistance.
        (d) No Cause of Action Against a Provider Disclosing Information
    Under This Chapter.--No cause of action shall lie in any court against
    any provider of a wire or electronic communication service, its
    officers, employees, agents, or other specified persons for providing
    information, facilities, or assistance in accordance with the terms of a
    court order under this chapter or request pursuant to section 3125 of
    this title.
        (e) Defense.--A good faith reliance on a court order under this
    chapter, a request pursuant to section 3125 of this title, a legislative
    authorization, or a statutory authorization is a complete defense
    against any civil or criminal action brought under this chapter or any
    other law.
        (f) Communications Assistance Enforcement Orders.--Pursuant to
    section 2522, an order may be issued to enforce the assistance
    capability and capacity requirements under the Communications Assistance
    for Law Enforcement Act.

    (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat.
    1870; amended Pub. L. 100-690, title VII, Secs. 7040, 7092(b), (d), Nov.
    18, 1988, 102 Stat. 4399, 4411; Pub. L. 101-647, title XXXV, Sec. 3575,
    Nov. 29, 1990, 104 Stat. 4929; Pub. L. 103-414, title II,
    Sec. 201(b)(2), Oct. 25, 1994, 108 Stat. 4290.)

                           References in Text

        The Communications Assistance for Law Enforcement Act, referred to
    in subsec. (f), is title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat.
    4279, which is classified generally to subchapter I (Sec. 1001 et seq.)
    of chapter 9 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.
    For complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of Title 47 and Tables.

                                   Amendments

        1994--Subsec. (f). Pub. L. 103-414 added subsec. (f).
        1990--Subsec. (b). Pub. L. 101-647 substituted ``section 3123(b)''
    for ``subsection 3123(b)''.
        1988--Subsec. (b). Pub. L. 100-690, Secs. 7040, 7092(d), inserted
    ``, pursuant to subsection 3123(b) or section 3125 of this title,''
    after ``shall be furnished'' and ``order'' after last reference to
    ``court''.
        Subsec. (d). Pub. L. 100-690, Sec. 7092(b)(1), inserted ``or request
    pursuant to section 3125 of this title'' after ``this chapter''.
        Subsec. (e). Pub. L. 100-690, Sec. 7092(b)(2), inserted ``under this
    chapter, a request pursuant to section 3125 of this title'' after
    ``court order''.

                      Section Referred to in Other Sections

        This section is referred to in section 3123 of this title.

    [CITE: 18USC3125]

    Sec. 3125. Emergency pen register and trap and trace device
            installation

        (a) Notwithstanding any other provision of this chapter, any
    investigative or law enforcement officer, specially designated by the
    Attorney General, the Deputy Attorney General, the Associate Attorney
    General, any Assistant Attorney General, any acting Assistant Attorney
    General, or any Deputy Assistant Attorney General, or by the principal
    prosecuting attorney of any State or subdivision thereof acting pursuant
    to a statute of that State, who reasonably determines that--
            (1) an emergency situation exists that involves--
                (A) immediate danger of death or serious bodily injury to
            any person; or
                (B) conspiratorial activities characteristic of organized
            crime,

        that requires the installation and use of a pen register or a trap
        and trace device before an order authorizing such installation and
        use can, with due diligence, be obtained, and
            (2) there are grounds upon which an order could be entered under
        this chapter to authorize such installation and use;

    may have installed and use a pen register or trap and trace device if,
    within forty-eight hours after the installation has occurred, or begins
    to occur, an order approving the installation or use is issued in
    accordance with section 3123 of this title.
        (b) In the absence of an authorizing order, such use shall
    immediately terminate when the information sought is obtained, when the
    application for the order is denied or when forty-eight hours have
    lapsed since the installation of the pen register or trap and trace
    device, whichever is earlier.
        (c) The knowing installation or use by any investigative or law
    enforcement officer of a pen register or trap and trace device pursuant
    to subsection (a) without application for the authorizing order within
    forty-eight hours of the installation shall constitute a violation of
    this chapter.
        (d) A provider of a wire or electronic service, landlord, custodian,
    or other person who furnished facilities or technical assistance
    pursuant to this section shall be reasonably compensated for such
    reasonable expenses incurred in providing such facilities and
    assistance.

    (Added Pub. L. 100-690, title VII, Sec. 7092(a)(2), Nov. 18, 1988, 102
    Stat. 4410; amended Pub. L. 103-322, title XXXIII, Sec. 330008(3), Sept.
    13, 1994, 108 Stat. 2142; Pub. L. 104-294, title VI, Sec. 601(f)(5),
    Oct. 11, 1996, 110 Stat. 3499.)

                                Prior Provisions

        A prior section 3125 was renumbered section 3126 of this title.

                                   Amendments

        1996--Subsec. (a). Pub. L. 104-294 struck out closing quotation mark
    at end.
        1994--Subsec. (a). Pub. L. 103-322, Sec. 330008(3)(A), (B),
    substituted ``use;'' for ``use' '' in par. (2) and directed that matter
    beginning with ``may have installed'' and ending with ``section 3123 of
    this title'' be realigned so that it is flush to the left margin, which
    was executed to text containing a period after ``section 3123 of this
    title'', to reflect the probable intent of Congress.
        Subsec. (d). Pub. L. 103-322, Sec. 330008(3)(C), substituted
    ``provider of'' for ``provider for''.

                      Section Referred to in Other Sections

        This section is referred to in section 3124 of this title; title 47
    section 1002.

    [CITE: 18USC3126]

    Sec. 3126. Reports concerning pen registers and trap and trace
            devices

        The Attorney General shall annually report to Congress on the number
    of pen register orders and orders for trap and trace devices applied for
    by law enforcement agencies of the Department of Justice.

    (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat.
    1871, Sec. 3125; renumbered Sec. 3126, Pub. L. 100-690, title VII,
    Sec. 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.)

                                Prior Provisions

        A prior section 3126 was renumbered section 3127 of this title.

                                   Amendments

        1988--Pub. L. 100-690 renumbered section 3125 of this title as this
    section.

    [CITE: 18USC3127]

    Sec. 3127. Definitions for chapter

        As used in this chapter--
            (1) the terms ``wire communication'', ``electronic
        communication'', and ``electronic communication service'' have the
        meanings set forth for such terms in section 2510 of this title;
            (2) the term ``court of competent jurisdiction'' means--
                (A) a district court of the United States (including a
            magistrate of such a court) or a United States Court of Appeals;
            or
                (B) a court of general criminal jurisdiction of a State
            authorized by the law of that State to enter orders authorizing
            the use of a pen register or a trap and trace device;

            (3) the term ``pen register'' means a device which records or
        decodes electronic or other impulses which identify the numbers
        dialed or otherwise transmitted on the telephone line to which such
        device is attached, but such term does not include any device used
        by a provider or customer of a wire or electronic communication
        service for billing, or recording as an incident to billing, for
        communications services provided by such provider or any device used
        by a provider or customer of a wire communication service for cost
        accounting or other like purposes in the ordinary course of its
        business;
            (4) the term ``trap and trace device'' means 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;
            (5) the term ``attorney for the Government'' has the meaning
        given such term for the purposes of the Federal Rules of Criminal
        Procedure; and
            (6) the term ``State'' means a State, the District of Columbia,
        Puerto Rico, and any other possession or territory of the United
        States.

    (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat.
    1871, Sec. 3126; renumbered Sec. 3127, Pub. L. 100-690, title VII,
    Sec. 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.)

                           References in Text

        The Federal Rules of Criminal Procedure, referred to in par. (5),
    are set out in the Appendix to this title.

                                   Amendments

        1988--Pub. L. 100-690 renumbered section 3126 of this title as this
    section.

                             Change of Name

        Reference to United States magistrate or to magistrate deemed to
    refer to United States magistrate judge pursuant to section 321 of Pub.
    L. 101-650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.

                      Section Referred to in Other Sections

        This section is referred to in section 2703 of this title; title 47
    section 1002.