18 U.S.C. § 3124

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3124 - Assistance in installation and use of a pen register or a trap and trace device

(a) PEN REGISTERS.-Upon the request of an attorney 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 furnish such investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register 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 installation and use is to take place, if such assistance is directed by a court order as provided 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 receive 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 enforcement officer all additional information, facilities and technical assistance including installation 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 installation and use is to take place, if such installation 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 furnished, pursuant to section 3123(b) or section 3125 of this title, to the officer of a law enforcement 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, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities 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 communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with a court order under this chapter, request pursuant to section 3125 of this title, 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.

(e) DEFENSE.-A good faith reliance on a court order under this chapter, a request pursuant to section 3125 of this title, a legislative authorization, a statutory authorization, or a good faith determination that the conduct complained of was permitted by an order from a foreign government 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 Communications Assistance for Law Enforcement Act.

18 U.S.C. § 3124

Added Pub. L. 99-508, title III, §301(a), Oct. 21, 1986, 100 Stat. 1870; amended Pub. L. 100-690, title VII, §§7040, title VII, 7092 (b), (d), Nov. 18, 1988, 102 Stat. 4399, 4411; Pub. L. 101-647, title XXXV, §35753575,, 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 TEXTThe Communications Assistance for Law Enforcement Act, referred to in subsec. (f), is title I of Pub. L. 103-414, 108 Stat. 4279, which is classified generally to subchapter I (§1001 et seq.) of chapter 9 of Title 47, Telecommunications. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 47 and Tables.

AMENDMENTS2018-Subsec. (d). Pub. L. 115-141, §104(3)(B)(i), amended 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 communication service, its officers, employees, agents, or other specified persons for providing information, facilities, 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 authorization is a complete defense against any civil or criminal 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, §§70407040,, 70927040,, inserted ", 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 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.

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 facilities or technical assistance. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to section 216 [amending this section and sections 3121, 3123, and 3127 of this title] shall be reasonably compensated for such reasonable expenditures incurred in providing such facilities or assistance."

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;