Notes on 18 U.S.C. § 3121 : US Code - Notes

Search Notes on 18 U.S.C. § 3121 : US Code - Notes

(Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100
Stat. 1868; amended Pub. L. 103-414, title II, Sec. 207(b), Oct.
25, 1994, 108 Stat. 4292; Pub. L. 107-56, title II, Sec. 216(a),
Oct. 26, 2001, 115 Stat. 288.)
REFERENCES IN TEXT
The Foreign Intelligence Surveillance Act of 1978, referred to in
subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
amended, which is classified principally to chapter 36 (Sec. 1801
et seq.) of Title 50, War and National Defense. For complete
classification of this Act to the Code, see Short Title note set
out under section 1801 of Title 50 and Tables.
AMENDMENTS
2001 - Subsec. (c). Pub. L. 107-56 inserted "or trap and trace
device" after "pen register" and ", routing, addressing," after
"dialing" and substituted "the processing and transmitting of wire
or electronic communications so as not to include the contents of
any wire or electronic communications" for "call processing".
1994 - Subsecs. (c), (d). Pub. L. 103-414 added subsec. (c) and
redesignated former subsec. (c) as (d).
EFFECTIVE DATE
Section 302 of title III of Pub. L. 99-508 provided that:
"(a) In General. - Except as provided in subsection (b), this
title and the amendments made by this title [enacting this chapter
and section 1367 of this title] shall take effect ninety days after
the date of the enactment of this Act [Oct. 21, 1986] and shall, in
the case of conduct pursuant to a court order or extension, apply
only with respect to court orders or extensions made after this
title takes effect.
"(b) Special Rule for State Authorizations of Interceptions. -
Any pen register or trap and trace device order or installation
which would be valid and lawful without regard to the amendments
made by this title shall be valid and lawful notwithstanding such
amendments if such order or installation occurs during the period
beginning on the date such amendments take effect and ending on the
earlier of -
"(1) the day before the date of the taking effect of changes in
State law required in order to make orders or installations under
Federal law as amended by this title; or
"(2) the date two years after the date of the enactment of this
Act [Oct. 21, 1986]."
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General prohibition on pen register and trap and trace device use; exception

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