18 U.S.C. § 3121
EDITORIAL NOTES
REFERENCES IN TEXTThe Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.
AMENDMENTS2018-Subsec. (a). Pub. L. 115-141 inserted before period at end "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".2001-Subsec. (c). Pub. L. 107-56 inserted "or trap and trace device" after "pen register" and ", routing, addressing," after "dialing" and substituted "the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications" for "call processing".1994-Subsecs. (c), (d). Pub. L. 103-414 added subsec. (c) and redesignated former subsec. (c) as (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATEPub. L. 99-508, title III, §302, Oct. 21, 1986, 100 Stat. 1872, provided that:"(a) IN GENERAL.-Except as provided in subsection (b), this title and the amendments made by this title [enacting this chapter and section 1367 of this title] shall take effect ninety days after the date of the enactment of this Act [Oct. 21, 1986] and shall, in the case of conduct pursuant to a court order or extension, apply only with respect to court orders or extensions made after this title takes effect."(b) SPECIAL RULE FOR STATE AUTHORIZATIONS OF INTERCEPTIONS.-Any pen register or trap and trace device order or installation which would be valid and lawful without regard to the amendments made by this title shall be valid and lawful notwithstanding such amendments if such order or installation occurs during the period beginning on the date such amendments take effect and ending on the earlier of-"(1) the day before the date of the taking effect of changes in State law required in order to make orders or installations under Federal law as amended by this title; or"(2) the date two years after the date of the enactment of this Act [Oct. 21, 1986]."
- State
- the term "State" means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the United States.
- pen register
- 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;
- trap and trace device
- 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;