US (United States) Code. Title 18. Chapter 206: Pen registers, trap and trace devices

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE

DEVICES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

.

-HEAD-

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

-MISC1-

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, Sec. 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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

title 47 section 551.

-CITE-

18 USC Sec. 3121 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

-HEAD-

Sec. 3121. General prohibition on pen register and trap and trace

device use; exception

-STATUTE-

(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 or trap and trace device 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, routing, addressing, and signaling

information utilized in the processing and transmitting of wire or

electronic communications so as not to include the contents of any

wire or electronic communications.

(d) Penalty. - Whoever knowingly violates subsection (a) shall be

fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(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; Pub. L. 107-56, title II, Sec. 216(a),

Oct. 26, 2001, 115 Stat. 288.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

2001 - 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''.

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).''

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18 USC Sec. 3122 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

-HEAD-

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

and trace device

-STATUTE-

(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.

-SOURCE-

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

Stat. 1869.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

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18 USC Sec. 3123 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

-HEAD-

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

trace device

-STATUTE-

(a) In General. -

(1) Attorney for the government. - Upon an application made

under section 3122(a)(1), the court shall enter an ex parte order

authorizing the installation and use of a pen register or trap

and trace device anywhere within the United States, if the court

finds that the attorney for the Government has certified to the

court that the information likely to be obtained by such

installation and use is relevant to an ongoing criminal

investigation. The order, upon service of that order, shall

apply to any person or entity providing wire or electronic

communication service in the United States whose assistance may

facilitate the execution of the order. Whenever such an order is

served on any person or entity not specifically named in the

order, upon request of such person or entity, the attorney for

the Government or law enforcement or investigative officer that

is serving the order shall provide written or electronic

certification that the order applies to the person or entity

being served.

(2) State investigative or law enforcement officer. - Upon an

application made under section 3122(a)(2), the court shall enter

an ex parte order authorizing the installation and use of a pen

register or trap and trace device within the jurisdiction of the

court, if the court finds that 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.

(3)(A) Where the law enforcement agency implementing an ex

parte order under this subsection seeks to do so by installing

and using its own pen register or trap and trace device on a

packet-switched data network of a provider of electronic

communication service to the public, the agency shall ensure that

a record will be maintained which will identify -

(i) any officer or officers who installed the device and any

officer or officers who accessed the device to obtain

information from the network;

(ii) the date and time the device was installed, the date and

time the device was uninstalled, and the date, time, and

duration of each time the device is accessed to obtain

information;

(iii) the configuration of the device at the time of its

installation and any subsequent modification thereof; and

(iv) any information which has been collected by the device.

To the extent that the pen register or trap and trace device can

be set automatically to record this information electronically,

the record shall be maintained electronically throughout the

installation and use of such device.

(B) The record maintained under subparagraph (A) shall be

provided ex parte and under seal to the court which entered the

ex parte order authorizing the installation and use of the device

within 30 days after termination of the order (including any

extensions thereof).

(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 or other facility

to which the pen register or trap and trace device is to be

attached or applied;

(B) the identity, if known, of the person who is the subject

of the criminal investigation;

(C) the attributes of the communications to which the order

applies, including the number or other identifier and, if

known, the location of the telephone line or other facility to

which the pen register or trap and trace device is to be

attached or applied, and, in the case of an order authorizing

installation and use of a trap and trace device under

subsection (a)(2), the geographic limits of the 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 or other facility to

which the pen register or a trap and trace device is attached or

applied, or who is obligated by the order 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.

-SOURCE-

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

Stat. 1869; amended Pub. L. 107-56, title II, Sec. 216(b), Oct. 26,

2001, 115 Stat. 288.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-56, Sec. 216(b)(1), reenacted

heading without change and amended text generally. Prior to

amendment, text read as follows: ''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.''

Subsec. (b)(1)(A). Pub. L. 107-56, Sec. 216(b)(2)(A), inserted

''or other facility'' after ''telephone line'' and ''or applied''

before semicolon at end.

Subsec. (b)(1)(C). Pub. L. 107-56, Sec. 216(b)(2)(B), added

subpar. (C) and struck out former subpar (C) which read as follows:

''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''.

Subsec. (d)(2). Pub. L. 107-56, Sec. 216(b)(3), inserted ''or

other facility'' after ''leasing the line'' and substituted ''or

applied, or who is obligated by the order'' for '', or who has been

ordered by the court''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2707, 3121, 3122, 3124,

3125 of this title.

-CITE-

18 USC Sec. 3124 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

-HEAD-

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

a trap and trace device

-STATUTE-

(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 or other facility 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

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.

-SOURCE-

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

Stat. 1870; amended Pub. L. 100-690, title VII, Sec. 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; Pub. L.

107-56, title II, Sec. 216(c)(5), (6), Oct. 26, 2001, 115 Stat.

290.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-56, Sec. 216(c)(6), inserted ''or

other facility'' after ''the appropriate line''.

Subsec. (d). Pub. L. 107-56, Sec. 216(c)(5), struck out ''the

terms of'' before ''a court order''.

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, Sec. 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''.

ASSISTANCE TO LAW ENFORCEMENT AGENCIES

Pub. L. 107-56, title II, Sec. 222, Oct. 26, 2001, 115 Stat. 292,

provided that: ''Nothing in this Act (see Short Title of 2001

Amendment note set out under section 1 of this title) shall impose

any additional technical obligation or requirement on a provider of

a wire or electronic communication service or other person to

furnish facilities or technical assistance. A provider of a wire

or electronic communication service, landlord, custodian, or other

person who furnishes facilities or technical assistance pursuant to

section 216 (amending this section and sections 3121, 3123, and

3127 of this title) shall be reasonably compensated for such

reasonable expenditures incurred in providing such facilities or

assistance.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

18 USC Sec. 3125 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

-HEAD-

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

installation

-STATUTE-

(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;

(B) conspiratorial activities characteristic of organized

crime;

(C) an immediate threat to a national security interest; or

(D) an ongoing attack on a protected computer (as defined in

section 1030) that constitutes a crime punishable by a term of

imprisonment greater than one year;

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.

-SOURCE-

(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; Pub. L. 107-296,

title II, Sec. 225(i), Nov. 25, 2002, 116 Stat. 2158.)

-MISC1-

PRIOR PROVISIONS

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

AMENDMENTS

2002 - Subsec. (a)(1)(C), (D). Pub. L. 107-296 added subpars. (C)

and (D).

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''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2707, 3124 of this title;

title 47 section 1002.

-CITE-

18 USC Sec. 3126 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

-HEAD-

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

devices

-STATUTE-

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, which report shall include information concerning -

(1) the period of interceptions authorized by the order, and

the number and duration of any extensions of the order;

(2) the offense specified in the order or application, or

extension of an order;

(3) the number of investigations involved;

(4) the number and nature of the facilities affected; and

(5) the identity, including district, of the applying

investigative or law enforcement agency making the application

and the person authorizing the order.

-SOURCE-

(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; amended Pub.

L. 106-197, Sec. 3, May 2, 2000, 114 Stat. 247.)

-MISC1-

PRIOR PROVISIONS

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

AMENDMENTS

2000 - Pub. L. 106-197 substituted '', which report shall include

information concerning - '' and pars. (1) to (5) for period at end.

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

this section.

REPORT ON USE OF DCS 1000 (CARNIVORE) TO IMPLEMENT ORDERS UNDER

SECTION 3123

Pub. L. 107-273, div. A, title III, Sec. 305(a), Nov. 2, 2002,

116 Stat. 1782, provided that: ''At the same time that the Attorney

General submits to Congress the annual reports required by section

3126 of title 18, United States Code, that are respectively next

due after the end of each of the fiscal years 2002 and 2003, the

Attorney General shall also submit to the Chairmen and ranking

minority members of the Committees on the Judiciary of the Senate

and of the House of Representatives a report, covering the same

respective time period, on the number of orders under section 3123

applied for by law enforcement agencies of the Department of

Justice whose implementation involved the use of the DCS 1000

program (or any subsequent version of such program), which report

shall include information concerning -

''(1) the period of interceptions authorized by the order, and

the number and duration of any extensions of the order;

''(2) the offense specified in the order or application, or

extension of an order;

''(3) the number of investigations involved;

''(4) the number and nature of the facilities affected;

''(5) the identity of the applying investigative or law

enforcement agency making the application for an order; and

''(6) the specific persons authorizing the use of the DCS 1000

program (or any subsequent version of such program) in the

implementation of such order.''

-CITE-

18 USC Sec. 3127 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES

-HEAD-

Sec. 3127. Definitions for chapter

-STATUTE-

As used in this chapter -

(1) the terms ''wire communication'', ''electronic

communication'', ''electronic communication service'', and

''contents'' have the meanings set forth for such terms in

section 2510 of this title;

(2) the term ''court of competent jurisdiction'' means -

(A) any district court of the United States (including a

magistrate judge of such a court) or any United States court of

appeals having jurisdiction over the offense being

investigated; 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 or process which

records or decodes dialing, routing, addressing, or signaling

information transmitted by an instrument or facility from which a

wire or electronic communication is transmitted, provided,

however, that such information shall not include the contents of

any communication, but such term does not include any device or

process 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 or process 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 or

process which captures the incoming electronic or other impulses

which identify the originating number or other dialing, routing,

addressing, and signaling information reasonably likely to

identify the source of a wire or electronic communication,

provided, however, that such information shall not include the

contents of any communication;

(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.

-SOURCE-

(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; amended Pub.

L. 107-56, title II, Sec. 216(c)(1)-(4), Oct. 26, 2001, 115 Stat.

290.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in par. (5),

are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2001 - Par. (1). Pub. L. 107-56, Sec. 216(c)(4), struck out

''and'' after '' 'electronic communication','' and inserted '', and

'contents' '' after '' 'electronic communication service' ''.

Par. (2)(A). Pub. L. 107-56, Sec. 216(c)(1), added subpar. (A)

and struck out former subpar. (A) which read as follows: ''a

district court of the United States (including a magistrate judge

of such a court) or a United States Court of Appeals; or''.

Par. (3). Pub. L. 107-56, Sec. 216(c)(2), substituted ''dialing,

routing, addressing, or signaling information transmitted by an

instrument or facility from which a wire or electronic

communication is transmitted, provided, however, that such

information shall not include the contents of any communication''

for ''electronic or other impulses which identify the numbers

dialed or otherwise transmitted on the telephone line to which such

device is attached'' and inserted ''or process'' after ''device''

wherever appearing.

Par. (4). Pub. L. 107-56, Sec. 216(c)(3), inserted ''or process''

after ''means a device'' and substituted ''or other dialing,

routing, addressing, and signaling information reasonably likely to

identify the source of a wire or electronic communication,

provided, however, that such information shall not include the

contents of any communication;'' for ''of an instrument or device

from which a wire or electronic communication was transmitted;''.

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

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2711 of this title; title

47 section 1002; title 50 section 1841.

-CITE-