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18 U.S.C. § 3127 — Definitions for chapter
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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Stable record: federal_law:legal_authorities:record_usc_ff2d7f6a99f77d429be1c157
Source file: Laws/federal/codes/united-states-code/title-18/section-3127-definitions-for-chapter--b70546394a.md
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Source location: Title 18, Chapter 206, § 3127; chapter-206-pen-registers-and-trap-and-trace-devices.md
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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 for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(4) the term “trap and trace device” means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided, however, that such information shall not include the contents of any communication;
(5) the term “attorney for the Government” has the meaning given such term for the purposes of the Federal Rules of Criminal Procedure; and
(6) the term “State” means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the United States.
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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
**(a) Execution of Request for Assistance.—**
(1) **In general.—** — Upon application, duly authorized by an appropriate official of the Department of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution.
(2) **Scope of orders.—** — Any order issued by a Federal judge pursuant to paragraph (1) may include the issuance of—
(A) a search warrant, as provided under Rule 41 of the Federal Rules of Criminal Procedure;
(B) a warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under [section 2703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2703&num=0&edition=prelim);
(C) an order for a pen register or trap and trace device as provided under [section 3123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123&num=0&edition=prelim); or
(D) an order requiring the appearance of a person for the purpose of providing testimony or a statement, or requiring the production of documents or other things, or both.
**(b) Appointment of Persons To Take Testimony or Statements.—**
(1) **In general.—** — In response to an application for execution of a request from a foreign authority as described under subsection (a), a Federal judge may also issue an order appointing a person to direct the taking of testimony or statements or of the production of documents or other things, or both.
(2) **Authority of appointed person.—** —
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3512
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) “wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce;
(2) “oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication;
(3) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States;
(4) “intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.11 So in original. The period probably should be a semicolon.
(5) “electronic, mechanical, or other device” means any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than— (a) any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordina
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2510
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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
**(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) Capability requirements** Except as provided in subsections (b), (c), and (d) of this section and sections 1007(a) and 1008(b) and (d) of this title, a telecommunications carrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of—
(1) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrently with their transmission to or from the subscriber’s equipment, facility, or service, or at such later time as may be acceptable to the government;
(2) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to access call-identifying information that is reasonably available to the carrier—
(A) before, during, or immediately after the transmission of a wire or electronic communication (or at such later time as may be acceptable to the government); and
(B) in a manner that allows it to be associated with the communication to which it pertains,
except that, with regard to information acquired solely pursuant to the authority for pen registers and trap and trace devices (as defined in [section 3127 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3127&num=0&edition=prelim)), such call-identifying information shall not include any information that may disclose the physical location of the subscriber (except to the extent that the location may be determined from the telephone
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1002
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “foreign intelligence information”, “Attorney General”, “United States person”, “United States”, “person”, and “State” shall have the same meanings as in [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim).
(2) The terms “pen register” and “trap and trace device” have the meanings given such terms in [section 3127 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3127&num=0&edition=prelim).
(3) The term “aggrieved person” means any person—
(A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this subchapter; or
(B) whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this subchapter to capture incoming electronic or other communications impulses.
(4)
(A) The term “specific selection term”—
(i) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and
(ii) is used to limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device.
(B) A specific selection term under subparagraph (A) does not include an identifier that does not limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device, such as an identifier that—
(i) identifies an electronic communication service provider (as that
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1841
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Federal law — U.S. Code and appendices · legal_authorities
Page 715
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3127
DCS 1000 program (or any subsequent version of such
program), which report shall include information con-
cerning—
‘‘(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 applica-
tion, or extension of an order;
‘‘(3) the number of investigations involved;
‘‘(4) the number and nature of the facilities af-
fected;
‘‘(5) the identity of the applying investigative or
law enforcement agency making the application for
an order; and
‘‘(6) the specific persons authorizing the use of the
DCS 1000 program (or any subsequent version of such
program) in the implementation of such order.’’
§ 3127. Definitions for chapter
As used in this chapter—
(1) the terms ‘‘wire communication’’, ‘‘elec-
tronic communication’’, ‘‘electronic commu-
nication service’’, and ‘‘contents’’ have the
meanings set forth for such terms in section
2510 of this title;
(2) the term ‘‘court of competent jurisdic-
tion’’ 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 commu-
nication service is located;
(iii) is in or for a district in which a
landlord, custodian, or other person sub-
ject to subsections (a) or (b) of section 3124
of this title is located; or
(iv) is acting on a request for foreign as-
sistance pursuant to section 3512 of this
title; 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
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3127
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