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18 U.S.C. § 3122 — Application for an order for a pen register or a trap and trace device

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123&num=0&edition=prelim) 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.

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Source location: Title 18, Chapter 206, § 3122; chapter-206-pen-registers-and-trap-and-trace-devices.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3123 — Issuance of an order for a pen register or a trap and trace device

**(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,

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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](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,

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3122 — Application for an order for a pen register

Page 711 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3123 dressing,’’ after ‘‘dialing’’ and substituted ‘‘the proc- essing and transmitting of wire or electronic commu- nications 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–508, title III, § 302, Oct. 21, 1986, 100 Stat. 1872, 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 en- actment 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 de- vice order or installation which would be valid and law- ful 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 enact- ment of this Act [Oct. 21, 1986].’’ § 3122. Application for an order for a pen register or a trap and trace device (a) APPLICATION.—(1) An attorney for the Gov- ernment may make application for an order or an

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