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18 U.S.C. § 3124 — Assistance in installation and use of a pen register or a trap and trace device

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

18 U.S.C. § 3124 — Assistance in installation and use of a pen register or a trap and trace device

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Source file: Laws/federal/codes/united-states-code/title-18/section-3124-assistance-in-installation-and-use-of-a-pen-register-or-a-trap-and-trace--4d2dceaa05.md
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Source location: Title 18, Chapter 206, § 3124; chapter-206-pen-registers-and-trap-and-trace-devices.md

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**(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/2&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3125&num=0&edition=prelim), 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, request pursuant to [section 3125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3125&num=0&edition=prelim), 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. **(e) Defense.—** A good faith reliance on a court order under this chapter, a request pursuant to [section 3125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3125&num=0&edition=prelim), a legislative authorization, a statutory authorization, or a good faith determination that the conduct complained of was permitted by an order from a foreign government 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 section 2522, an order may be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.

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

18 U.S.C. § 1 — Repealed. Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]

### Statutory Notes Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98–596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense. #### Effective Date of Repeal Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3551&num=0&edition=prelim). #### Short Title of 2026 Amendment Pub. L. 119–73, § 1, Jan. 23, 2026, 139 Stat. 2003, provided that: “This Act [enacting sections 28 and 3771A of this title, amending [section 7102 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim), Foreign Relations and Intercourse, and enacting provisions set out as notes under [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section28&num=0&edition=prelim) and [section 10110 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10110&num=0&edition=prelim), Crime Control and Law Enforcement] may be cited as the ‘Trafficking Survivors Relief Act’.” #### Short Title of 2024 Amendment Pub. L. 118–78, § 1, July 30, 2024, 138 Stat. 1512, provided that: “This Act [enacting [section 1352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1352&num=0&edition=prelim) and amending [section 201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim)] may be cited as the ‘Foreign Extortion Prevention Technical Corrections Act’.” Pub. L. 118–77, § 1, July

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

47 U.S.C. § 1001 — Definitions

For purposes of this subchapter— (1) The terms defined in [section 2510 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim) have, respectively, the meanings stated in that section. (2) The term “call-identifying information” means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier. (3) The term “Commission” means the Federal Communications Commission. (4) The term “electronic messaging services” means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages. (5) The term “government” means the government of the United States and any agency or instrumentality thereof, the District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance. (6) The term “information services”— (A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and (B) includes— (i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities; (ii) electronic publishing; and (iii) electronic messaging services; but (C) does not include any capability for a telecommunications carrier’s internal management, control, or operation of its telecommunications network. (7) The term “telecommuni

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

18 U.S.C. § 3125 — Emergency pen register and trap and trace device installation

**(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

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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. § 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. § 3127 — Definitions for chapter

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

18 U.S.C. § 3124 — Assistance in installation and use of a pen

Page 712 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3124 (B) The record maintained under subpara- graph (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 investiga- tion; (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 facil- ity to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing in- stallation and use of a trap and trace device under subsection (a)(2), the geographic lim- its 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 ap- plicant, the furnishing of information, facili- ties, and technical assistance necessary to ac- complish 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 in- stallation 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 grant- ed, but only upon an a

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3124

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