18 U.S.C. § 3123
To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device.
18 U.S.C. § 3123
EDITORIAL NOTES
AMENDMENTS2001-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 application made under section 3122 of this title, the court shall enter an ex parte order authorizing the installation 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 certified to the court that the information likely to be obtained 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 applied" 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 location 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 DATESection 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 extensions 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.
- 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;