18 U.S.C. § 3126 — Reports concerning pen registers and

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 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 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 in- formation shall not include the contents of any communication, but such term does not include any device or process used by a pro- vider or customer of a wire or electronic com- munication service for billing, or recording as an incident to billing, for communications services provided by such provider or any de- vice or process used by a provider or customer of a wire communication service for cost ac- counting or other like purposes in the ordi- nary course of its business; (4) the term ‘‘trap and trace device’’ means a device or process which captures the incom- ing electronic or other impulses which iden- tify 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 in- clude the contents of any communication; (5) the term ‘‘attorney for the Government’’ has the meaning given such term for the pur- poses of the Federal Rules of Criminal Proce- dure; and (6) the term ‘‘State’’ means a State, the Dis- trict of Columbia, Puerto Rico, and any other possession or territory of the United States. (Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1871, § 3126; renumbered § 3127, Pub. L. 100–690, title VII, § 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 107–56, title II, § 216(c)(1)–(4), Oct. 26, 2001, 115 Stat. 290; Pub. L. 111–79, § 2(3), Oct. 19, 2009, 123 Stat. 2087.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in par. (5), are set out in the Appendix to this title. AMENDMENTS 2009—Par. (2)(A). Pub. L. 111–79 substituted ‘‘that—’’ and cls. (i) to (iv) for ‘‘having jurisdiction over the of- fense being investigated; or’’. 2001—Par. (1). Pub. L. 107–56, § 216(c)(4), struck out ‘‘and’’ after ‘‘ ‘electronic communication’,’’ and in- serted ‘‘, and ‘contents’ ’’ after ‘‘ ‘electronic commu- nication service’ ’’. Par. (2)(A). Pub. L. 107–56, § 216(c)(1), added subpar. (A) and struck out former subpar. (A) which read as fol- lows: ‘‘a district court of the United States (including a magistrate judge of such a court) or a United States Court of Appeals; or’’. Par. (3). Pub. L. 107–56, § 216(c)(2), substituted ‘‘dial- ing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, pro- vided, however, that such information shall not include the contents of any communication’’ for ‘‘electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached’’ and inserted ‘‘or process’’ after ‘‘device’’ wherever appearing. Par. (4). Pub. L. 107–56, § 216(c)(3), inserted ‘‘or proc- ess’’ after ‘‘means a device’’ and substituted ‘‘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;’’ for ‘‘of an instrument or device from which a wire or electronic communication was trans- mitted;’’. 1988—Pub. L. 100–690 renumbered section 3126 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. CHAPTER 207—RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS Sec. 3141. Release and detention authority generally. 3142. Release or detention of a defendant pending trial. 3143. Release or detention of a defendant pending sentence or appeal. 3144. Release or detention of a material witness. 3145. Review and appeal of a release or detention order.