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 application for an order under section 3122 of this title and upon the judi- cial finding required by subsection (a) of this section. The period of extension shall be for a period not to exceed sixty days. (d) NONDISCLOSURE OF EXISTENCE OF PEN REG- ISTER OR A TRAP AND TRACE DEVICE.—An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that— (1) the order be sealed until otherwise or- dered by the court; and (2) the person owning or leasing the line or other facility to which the pen register or a trap and trace device is attached or applied, or who is obligated by the order to provide assist- ance to the applicant, not disclose the exist- ence of the pen register or trap and trace de- vice or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court. (Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1869; amended Pub. L. 107–56, title II, § 216(b), Oct. 26, 2001, 115 Stat. 288.) Editorial Notes AMENDMENTS 2001—Subsec. (a). Pub. L. 107–56, § 216(b)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘Upon an ap- plication made under section 3122 of this title, the court shall enter an ex parte order authorizing the in- stallation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has cer- tified to the court that the information likely to be ob- tained by such installation and use is relevant to an ongoing criminal investigation.’’ Subsec. (b)(1)(A). Pub. L. 107–56, § 216(b)(2)(A), inserted ‘‘or other facility’’ after ‘‘telephone line’’ and ‘‘or ap- plied’’ before semicolon at end. Subsec. (b)(1)(C). Pub. L. 107–56, § 216(b)(2)(B), added subpar. (C) and struck out former subpar (C) which read as follows: ‘‘the number and, if known, physical loca- tion of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and’’. Subsec. (d)(2). Pub. L. 107–56, § 216(b)(3), inserted ‘‘or other facility’’ after ‘‘leasing the line’’ and substituted ‘‘or applied, or who is obligated by the order’’ for ‘‘, or who has been ordered by the court’’. 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. § 3124. Assistance in installation and use of a pen register or a trap and trace device (a) PEN REGISTERS.—Upon the request of an at- torney 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 fur- nish such investigative or law enforcement offi- cer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtru- sively 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 pro- vided in section 3123(b)(2) of this title. (b) TRAP AND TRACE DEVICE.—Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to re- ceive 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 enforce- ment officer all additional information, facili- ties and technical assistance including installa- tion 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 in- stallation and use is to take place, if such in- stallation and assistance is directed by a court order as provided in section 3123(b)(2) of this title. Unless otherwise ordered by the court, the results of the trap and trace device shall be fur- 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-