18 U.S.C. § 3121 : US Code - Section 3121: General prohibition on pen register and trap and trace device use; exception

Search 18 U.S.C. § 3121 : US Code - Section 3121: General prohibition on pen register and trap and trace device use; exception

(a) In General. - Except as provided in this section, no person
may install or use a pen register or a trap and trace device
without first obtaining a court order under section 3123 of this
title or under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.).
(b) Exception. - The prohibition of subsection (a) does not apply
with respect to the use of a pen register or a trap and trace
device by a provider of electronic or wire communication service -
(1) relating to the operation, maintenance, and testing of a
wire or electronic communication service or to the protection of
the rights or property of such provider, or to the protection of
users of that service from abuse of service or unlawful use of
service; or
(2) to record the fact that a wire or electronic communication
was initiated or completed in order to protect such provider,
another provider furnishing service toward the completion of the
wire communication, or a user of that service, from fraudulent,
unlawful or abusive use of service; or (3) where the consent of
the user of that service has been obtained.
(c) Limitation. - A government agency authorized to install and
use a pen register or trap and trace device under this chapter or
under State law shall use technology reasonably available to it
that restricts the recording or decoding of electronic or other
impulses to the dialing, routing, addressing, and signaling
information utilized in the processing and transmitting of wire or
electronic communications so as not to include the contents of any
wire or electronic communications.
(d) Penalty. - Whoever knowingly violates subsection (a) shall be
fined under this title or imprisoned not more than one year, or
both.