18 U.S.C. § 3125

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 3125 - Emergency pen register and trap and trace device installation

(a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that-

(1) an emergency situation exists that involves-

(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 security interest; or

(D) an ongoing attack on a protected computer (as defined in section 1030) that constitutes a crime punishable by a term of imprisonment greater than one year;

that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and

(2) there are grounds upon which an order could be entered under this chapter to authorize such installation and use;

may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with section 3123 of this title.

(b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier.

(c) The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter.

(d) A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

18 U.S.C. § 3125

Added Pub. L. 100-690, title VII, §7092(a)(2), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 103-322, title XXXIII, §330008(3), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 104-294, title VI, §601(f)(5), Oct. 11, 1996, 110 Stat. 3499; Pub. L. 107-296, title XXII, §2207(i), formerly title II, §225(i), Nov. 25, 2002, 116 Stat. 2158, renumbered §2207(i), Pub. L. 115-278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 3125 was renumbered section 3126 of this title.

AMENDMENTS2002-Subsec. (a)(1)(C), (D). Pub. L. 107-296 added subpars. (C) and (D). 1996-Subsec. (a). Pub. L. 104-294 struck out closing quotation mark at end. 1994-Subsec. (a). Pub. L. 103-322, §330008(3)(A), (B), substituted "use;" for "use' " in par. (2) and directed that matter beginning with "may have installed" and ending with "section 3123 of this title" be realigned so that it is flush to the left margin, which was executed to text containing a period after "section 3123 of this title", to reflect the probable intent of Congress. Subsec. (d). Pub. L. 103-322, §330008(3)(C), substituted "provider of" for "provider for".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296 set out as an Effective Date note under section 101 of Title 6, Domestic Security.

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;