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