Legislación
US (United States) Code. Title 18. Chapter 206: Pen registers, trap and trace devices
-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.
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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.
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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.)
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REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in par. (5),
are set out in the Appendix to this title.
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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.
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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.
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |