Browse Arkansas Code titles and sections
18 U.S.C. § 3125 — Emergency pen register and trap and trace device installation
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
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 1ba64abe18810a09af11cdfd88dd1cb92338e3658c44f4af2afd186fca5e1b42. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_78c4ed0e843191673d4fd986
Source file: Laws/federal/codes/united-states-code/title-18/section-3125-emergency-pen-register-and-trap-and-trace-device-installation--92260693d6.md
Pages: Not recorded – Not recorded
Passage SHA-256: 12ab7984a3605b24c6d5aaa65bcf3e903e09a706e60d498f9c4675e54c1c398d
Source location: Title 18, Chapter 206, § 3125; chapter-206-pen-registers-and-trap-and-trace-devices.md
Stored source content
**(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 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3126
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities** The Center shall—
(1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors;
(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies;
(3) leverage information gathered about cyber incidents to—
(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and
(B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3123
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123/b/2&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123/b
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3124
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 713
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3125
nished, pursuant to section 3123(b) or section
3125 of this title, to the officer of a law enforce-
ment 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, cus-
todian, or other person who furnishes facilities
or technical assistance pursuant to this section
shall be reasonably compensated for such rea-
sonable expenses incurred in providing such fa-
cilities 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 communica-
tion service, its officers, employees, agents, or
other specified persons for providing informa-
tion, facilities, or assistance in accordance with
a court order under this chapter, request pursu-
ant to section 3125 of this title, or an order from
a foreign government that is subject to an exec-
utive agreement that the Attorney General has
determined and certified to Congress satisfies
section 2523.
(e) DEFENSE.—A good faith reliance on a court
order under this chapter, a request pursuant to
section 3125 of this title, a legislative authoriza-
tion, a statutory authorization, or a good faith
determination that the conduct complained of
was permitted by an order from a foreign gov-
ernment that is subject to executive agreement
that the Attorney General has determined and
certified to Congress satisfies section 2523, 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 s
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3125
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.