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18 U.S.C. § 3126 — Reports concerning pen registers and trap and trace devices
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_36ea1d47de3a465dc9fc4dc3
Source file: Laws/federal/codes/united-states-code/title-18/section-3126-reports-concerning-pen-registers-and-trap-and-trace-devices--dee3f96ee7.md
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Passage SHA-256: 884cffb7a600d696e8f99ce964c10f7ea7b0767a54cf1e3d39d6aa7b386d7852
Source location: Title 18, Chapter 206, § 3126; chapter-206-pen-registers-and-trap-and-trace-devices.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123&num=0&edition=prelim).
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3125
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123&num=0&edition=prelim) or under the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim) et seq.) 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.
**(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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3121
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim);
(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 that—
(i) has jurisdiction over the offense being investigated;
(ii) is in or for a district in which the provider of a wire or electronic communication service is located;
(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of [section 3124 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3124&num=0&edition=prelim) is located; or
(iv) is acting on a request for foreign assistance pursuant to [section 3512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3512&num=0&edition=prelim); 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
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Federal law — U.S. Code and appendices · legal_authorities
Page 714
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3126
stitutes a crime punishable by a term of im-
prisonment 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 author-
ize 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 appli-
cation for the order is denied or when forty-
eight hours have lapsed since the installation of
the pen register or trap and trace device, which-
ever is earlier.
(c) The knowing installation or use by any in-
vestigative or law enforcement officer of a pen
register or trap and trace device pursuant to
subsection (a) without application for the au-
thorizing 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 fur-
nished facilities or technical assistance pursu-
ant to this section shall be reasonably com-
pensated for such reasonable expenses incurred
in providing such facilities and assistance.
(Added Pub. L. 100–690, title VII, § 7092(a)(2), Nov.
18, 1988, 102 Stat. 4410; amended Pub. L. 103–322,
title XXXIII, § 330008(3), Sept. 13, 1994, 108 Stat.
2142; Pub. L. 104–294, title VI, § 601(f)(5), Oct. 11
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3126
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