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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 title III § 301(a) · 100 Stat. 1848

   Enacted · 18 U.S.C. § 3121

   Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1868

   Source evidence

   Code source credit
   Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1868

   Enacted provision · exact public law section
   (a) In General.— Title 18 of the United States Code is amended by inserting after chapter 205 the following new chapter: “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 or trace device. “3124. Assistance in installation and use of a pen register or a trap and trace device. “3125. Reports concerning pen registers and trap and trace devices. “3126. Definitions for chapter. “§ 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) Penalty.— Whoever knowingly violates subsection (a) shall be fined under this title or imprisoned not more than one year, or both. “§ 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 State and local governments. 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. “§ 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. “§ 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 to the officer of a law enforcement agency, designated in the court, 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 Provides 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. “(e) Defense.— A good faith reliance on a court order, 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. “§ 3125. 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. “§ 3126. 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.”.

2. 1994

   Pub. L. 103–414 title II § 207(b) · 108 Stat. 4279

   1. Added · 18 U.S.C. § 3121(c); 18 U.S.C. § 3121(d)

      Pub. L. 103–414 added subsec. (c)

   2. Redesignated · 18 U.S.C. § 3121(c); 18 U.S.C. § 3121(d)

      Pub. L. 103–414 redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 103–414 added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (b) Pen Registers and Trap and Trace Devices.— Section 3121 of title 18, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: “(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.”.

3. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 title II § 216(a) · 115 Stat. 272

   1. Inserted · 18 U.S.C. § 3121(c)

      Pub. L. 107–56 inserted “or trap and trace device” after “pen register” and “, routing, addressing,” after “dialing”

   2. Substituted · 18 U.S.C. § 3121(c)

      Pub. L. 107–56 substituted “the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications” for “call processing”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–56 inserted “or trap and trace device” after “pen register” and “, routing, addressing,” after “dialing” and substituted “the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications” for “call processing”.

   Enacted provision · exact public law section
   (a) General Limitations.— Section 3121(c) of title 18, United States Code, is amended— (1) by inserting “or trap and trace device” after “pen register”; (2) by inserting “, routing, addressing,” after “dialing”; and (3) by striking “call processing” and inserting “the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications”.

4. 2018

   Department of Commerce Appropriations Act, 2018

   Pub. L. 115–141 div. V § 104(3)(A) · 132 Stat. 348

   Inserted · 18 U.S.C. § 3121(a)

   Pub. L. 115–141 inserted before period at end “or an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–141 inserted before period at end “or an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523”.

   Enacted provision · exact public law section
   Sec. 104. The 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2018: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.

6 of 6 references resolved to an enrolled provision