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

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 section 2522, an order may be issued to enforce the assistance capability and capacity requirements under the Commu- nications Assistance for Law Enforcement Act. (Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1870; amended Pub. L. 100–690, title VII, §§ 7040, 7092(b), (d), Nov. 18, 1988, 102 Stat. 4399, 4411; Pub. L. 101–647, title XXXV, § 3575, Nov. 29, 1990, 104 Stat. 4929; Pub. L. 103–414, title II, § 201(b)(2), Oct. 25, 1994, 108 Stat. 4290; Pub. L. 107–56, title II, § 216(c)(5), (6), Oct. 26, 2001, 115 Stat. 290; Pub. L. 115–141, div. V, § 104(3)(B), Mar. 23, 2018, 132 Stat. 1217.) Editorial Notes REFERENCES IN TEXT The Communications Assistance for Law Enforce- ment Act, referred to in subsec. (f), is title I of Pub. L. 103–414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (§ 1001 et seq.) of chapter 9 of Title 47, Telecommunications. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1001 of Title 47 and Tables. AMENDMENTS 2018—Subsec. (d). Pub. L. 115–141, § 104(3)(B)(i), amend- ed subsec. (d) generally. Prior to amendment, text read as follows: ‘‘No cause of action shall lie in any court against any provider of a wire or electronic commu- nication service, its officers, employees, agents, or other specified persons for providing information, fa- cilities, or assistance in accordance with a court order under this chapter or request pursuant to section 3125 of this title.’’ Subsec. (e). Pub. L. 115–141, § 104(3)(B)(ii), amended subsec. (e) generally. Prior to amendment, text read as follows: ‘‘A good faith reliance on a court order under this chapter, a request pursuant to section 3125 of this title, a legislative authorization, or a statutory author- ization is a complete defense against any civil or crimi- nal action brought under this chapter or any other law.’’ 2001—Subsec. (b). Pub. L. 107–56, § 216(c)(6), inserted ‘‘or other facility’’ after ‘‘the appropriate line’’. Subsec. (d). Pub. L. 107–56, § 216(c)(5), struck out ‘‘the terms of’’ before ‘‘a court order’’. 1994—Subsec. (f). Pub. L. 103–414 added subsec. (f). 1990—Subsec. (b). Pub. L. 101–647 substituted ‘‘section 3123(b)’’ for ‘‘subsection 3123(b)’’. 1988—Subsec. (b). Pub. L. 100–690, §§ 7040, 7092(d), in- serted ‘‘, pursuant to subsection 3123(b) or section 3125 of this title,’’ after ‘‘shall be furnished’’ and ‘‘order’’ after last reference to ‘‘court’’. Subsec. (d). Pub. L. 100–690, § 7092(b)(1), inserted ‘‘or request pursuant to section 3125 of this title’’ after ‘‘this chapter’’. Subsec. (e). Pub. L. 100–690, § 7092(b)(2), inserted ‘‘under this chapter, a request pursuant to section 3125 of this title’’ after ‘‘court order’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and exten- sions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title. ASSISTANCE TO LAW ENFORCEMENT AGENCIES Pub. L. 107–56, title II, § 222, Oct. 26, 2001, 115 Stat. 292, provided that: ‘‘Nothing in this Act [see Short Title of 2001 Amendment note set out under section 1 of this title] shall impose any additional technical obligation or requirement on a provider of a wire or electronic communication service or other person to furnish fa- cilities or technical assistance. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical as- sistance pursuant to section 216 [amending this section and sections 3121, 3123, and 3127 of this title] shall be reasonably compensated for such reasonable expendi- tures incurred in providing such facilities or assist- ance.’’ § 3125. Emergency pen register and trap and trace device installation (a) Notwithstanding any other provision of this chapter, any investigative or law enforce- ment officer, specially designated by the Attor- ney General, the Deputy Attorney General, the Associate Attorney General, any Assistant At- torney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney Gen- eral, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably deter- mines that— (1) an emergency situation exists that in- volves— (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 se- curity interest; or (D) an ongoing attack on a protected com- puter (as defined in section 1030) that con- Page 714 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3126 stitutes a crime punishable by a term of im- prisonment 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 author- ize 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. (b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the appli- cation for the order is denied or when forty- eight hours have lapsed since the installation of the pen register or trap and trace device, which- ever is earlier. (c) The knowing installation or use by any in- vestigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the au- thorizing 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 fur- nished facilities or technical assistance pursu- ant to this section shall be reasonably com- pensated for such reasonable expenses incurred in providing such facilities and assistance. (Added Pub. L. 100–690, title VII, § 7092(a)(2), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 103–322, title XXXIII, § 330008(3), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 104–294, title VI, § 601(f)(5), Oct. 11, 1996, 110 Stat. 3499; Pub. L. 107–296, title XXII, § 2207(i), formerly title II, § 225(i), Nov. 25, 2002, 116 Stat. 2158, renumbered § 2207(i), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.) Editorial Notes PRIOR PROVISIONS A prior section 3125 was renumbered section 3126 of this title. AMENDMENTS 2002—Subsec. (a)(1)(C), (D). Pub. L. 107–296 added sub- pars. (C) and (D). 1996—Subsec. (a). Pub. L. 104–294 struck out closing quotation mark at end. 1994—Subsec. (a). Pub. L. 103–322, § 330008(3)(A), (B), substituted ‘‘use;’’ for ‘‘use’ ’’ in par. (2) and directed that matter beginning with ‘‘may have installed’’ and ending with ‘‘section 3123 of this title’’ be realigned so that it is flush to the left margin, which was executed to text containing a period after ‘‘section 3123 of this title’’, to reflect the probable intent of Congress. Subsec. (d). Pub. L. 103–322, § 330008(3)(C), substituted ‘‘provider of’’ for ‘‘provider for’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and exten- sions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title. § 3126. Reports concerning pen registers and trap and trace devices 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 informa- tion 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 appli- cation, 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 ap- plying investigative or law enforcement agen- cy making the application and the person au- thorizing the order. (Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1871, § 3125; renumbered § 3126, Pub. L. 100–690, title VII, § 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 106–197, § 3, May 2, 2000, 114 Stat. 247.) Editorial Notes PRIOR PROVISIONS A prior section 3126 was renumbered section 3127 of this title. AMENDMENTS 2000—Pub. L. 106–197 substituted ‘‘, which report shall include information concerning—’’ and pars. (1) to (5) for period at end. 1988—Pub. L. 100–690 renumbered section 3125 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and exten- sions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title. REPORT ON USE OF DCS 1000 (CARNIVORE) TO IMPLEMENT ORDERS UNDER SECTION 3123 Pub. L. 107–273, div. A, title III, § 305(a), Nov. 2, 2002, 116 Stat. 1782, provided that: ‘‘At the same time that the Attorney General submits to Congress the annual reports required by section 3126 of title 18, United States Code, that are respectively next due after the end of each of the fiscal years 2002 and 2003, the Attor- ney General shall also submit to the Chairmen and ranking minority members of the Committees on the Judiciary of the Senate and of the House of Representa- tives a report, covering the same respective time pe- riod, on the number of orders under section 3123 applied for by law enforcement agencies of the Department of Justice whose implementation involved the use of the