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18 U.S.C. § 3121 — General prohibition on pen register and trap and trace device use; exception
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,
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Stable record: federal_law:legal_authorities:record_usc_ecc2e624a576daf697a39f62
Source file: Laws/federal/codes/united-states-code/title-18/section-3121-general-prohibition-on-pen-register-and-trap-and-trace-device-use-except--7635848801.md
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Source location: Title 18, Chapter 206, § 3121; chapter-206-pen-registers-and-trap-and-trace-devices.md
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**(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, 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission shall be fined in accordance with this title or imprisoned not more than ten years or both.
**(b)** This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or of an intelligence agency of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1367
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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
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
**(a)** “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons;
(6) an entity that is directed and controlled by a foreign government or governments; or
(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
**(b)** “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) Omitted
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in prepa
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3122
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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
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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
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
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3127
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Federal law — U.S. Code and appendices · legal_authorities
Page 710
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3118
§ 3118. Implied consent for certain tests
(a) CONSENT.—Whoever operates a motor vehi-
cle in the special maritime and territorial juris-
diction of the United States consents thereby to
a chemical test or tests of such person’s blood,
breath, or urine, if arrested for any offense aris-
ing from such person’s driving while under the
influence of a drug or alcohol in such jurisdic-
tion. The test or tests shall be administered
upon the request of a police officer having rea-
sonable grounds to believe the person arrested
to have been driving a motor vehicle upon the
special maritime and territorial jurisdiction of
the United States while under the influence of
drugs or alcohol in violation of the laws of a
State, territory, possession, or district.
(b) EFFECT OF REFUSAL.—Whoever, having con-
sented to a test or tests by reason of subsection
(a), refuses to submit to such a test or tests,
after having first been advised of the con-
sequences of such a refusal, shall be denied the
privilege of operating a motor vehicle upon the
special maritime and territorial jurisdiction of
the United States during the period of a year
commencing on the date of arrest upon which
such test or tests was refused, and such refusal
may be admitted into evidence in any case aris-
ing from such person’s driving while under the
influence of a drug or alcohol in such jurisdic-
tion. Any person who operates a motor vehicle
in the special maritime and territorial jurisdic-
tion of the United States after having been de-
nied such privilege under this subsection shall
be treated for the purposes of any civil or crimi-
nal proceedings arising out of such operation as
operating such vehicle without a license to do
so.
(Adde
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3121
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Federal law — U.S. Code and appendices · legal_authorities
Page 235
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1801
Sec.
1809.
Criminal sanctions.
1810.
Civil liability.
1810a.
Reporting requirements for civil actions.
1811.
Authorization during time of war.
1812.
Statement of exclusive means by which elec-
tronic surveillance and interception of cer-
tain communications may be conducted.
1813.
Procedures for the retention of incidentally
acquired communications.
SUBCHAPTER II—PHYSICAL SEARCHES
1821.
Definitions.
1822.
Authorization of physical searches for foreign
intelligence purposes.
1823.
Application for order.
1824.
Issuance of order.
1825.
Use of information.
1826.
Congressional oversight.
1827.
Penalties.
1828.
Civil liability.
1829.
Authorization during time of war.
SUBCHAPTER III—PEN REGISTERS AND TRAP
AND TRACE DEVICES FOR FOREIGN INTEL-
LIGENCE PURPOSES
1841.
Definitions.
1842.
Pen registers and trap and trace devices for
foreign intelligence and international ter-
rorism investigations.
1843.
Authorization during emergencies.
1844.
Authorization during time of war.
1845.
Use of information.
1846.
Congressional oversight.
SUBCHAPTER IV—ACCESS TO CERTAIN BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE PUR-
POSES
1861.
Definitions.
1862.
Access to certain business records for foreign
intelligence and international terrorism in-
vestigations.
1863.
Congressional oversight.
1864.
Notification of changes to retention of call
detail record policies.
SUBCHAPTER V—OVERSIGHT
1871.
Semiannual report of the Attorney General.
1872.
Declassification of significant decisions, or-
ders, and opinions.
1873.
Annual reports.
1874.
Public reporting by persons subject to orders.
SUBCHAPTER VI—ADDITIONAL PROCEDURES RE-
GARDING
CERTAIN
PERSONS
OUTSIDE
THE
UNITED STATES
1881.
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1801
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