Section 3127 - Definitions for chapter

1 Analyses of this statute by attorneys

  1. CA6: CSLI by court order was valid; lengthy pole camera observation of publicly seen areas reasonable

    Law Offices of John Wesley HallJohn Wesley HallFebruary 8, 2017

    The statute, as amended, defines a “pen register” as “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.” 18 U.S.C. § 3127(3); see also § 3127(1) (incorporating definitions from 18 U.S.C. § 2510). Defendants contend that this definition should be interpreted restrictively to include the recording or decoding of information only if it is transmitted with a wire or electronic communication (i.e., only when sending a text or making a call).