18 U.S.C. § 3123 : US Code - Section 3123: Issuance of an order for a pen register or a trap and trace device

Search 18 U.S.C. § 3123 : US Code - Section 3123: Issuance of an order for a pen register or a trap and trace device

(a) In General. -
(1) Attorney for the government. - Upon an application made
under section 3122(a)(1), the court shall enter an ex parte order
authorizing the installation and use of a pen register or trap
and trace device anywhere within the United States, if the court
finds that the attorney for the Government has certified to the
court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal
investigation. The order, upon service of that order, shall apply
to any person or entity providing wire or electronic
communication service in the United States whose assistance may
facilitate the execution of the order. Whenever such an order is
served on any person or entity not specifically named in the
order, upon request of such person or entity, the attorney for
the Government or law enforcement or investigative officer that
is serving the order shall provide written or electronic
certification that the order applies to the person or entity
being served.
(2) State investigative or law enforcement officer. - Upon an
application made under section 3122(a)(2), the court shall enter
an ex parte order authorizing the installation and use of a pen
register or trap and trace device within the jurisdiction of the
court, if the court finds that the State law enforcement or
investigative officer has certified to the court that the
information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.
(3)(A) Where the law enforcement agency implementing an ex
parte order under this subsection seeks to do so by installing
and using its own pen register or trap and trace device on a
packet-switched data network of a provider of electronic
communication service to the public, the agency shall ensure that
a record will be maintained which will identify -
(i) any officer or officers who installed the device and any
officer or officers who accessed the device to obtain
information from the network;
(ii) the date and time the device was installed, the date and
time the device was uninstalled, and the date, time, and
duration of each time the device is accessed to obtain
information;
(iii) the configuration of the device at the time of its
installation and any subsequent modification thereof; and
(iv) any information which has been collected by the device.
To the extent that the pen register or trap and trace device can
be set automatically to record this information electronically,
the record shall be maintained electronically throughout the
installation and use of such device.
(B) The record maintained under subparagraph (A) shall be
provided ex parte and under seal to the court which entered the
ex parte order authorizing the installation and use of the device
within 30 days after termination of the order (including any
extensions thereof).
(b) Contents of Order. - An order issued under this section -
(1) shall specify -
(A) the identity, if known, of the person to whom is leased
or in whose name is listed the telephone line or other facility
to which the pen register or trap and trace device is to be
attached or applied;
(B) the identity, if known, of the person who is the subject
of the criminal investigation;
(C) the attributes of the communications to which the order
applies, including the number or other identifier and, if
known, the location of the telephone line or other facility to
which the pen register or trap and trace device is to be
attached or applied, and, in the case of an order authorizing
installation and use of a trap and trace device under
subsection (a)(2), the geographic limits of the order; and
(D) a statement of the offense to which the information
likely to be obtained by the pen register or trap and trace
device relates; and
(2) shall direct, upon the request of the applicant, the
furnishing of information, facilities, and technical assistance
necessary to accomplish the installation of the pen register or
trap and trace device under section 3124 of this title.
(c) Time Period and Extensions. - (1) An order issued under this
section shall authorize the installation and use of a pen register
or a trap and trace device for a period not to exceed sixty days.
(2) Extensions of such an order may be granted, but only upon an
application for an order under section 3122 of this title and upon
the judicial finding required by subsection (a) of this section.
The period of extension shall be for a period not to exceed sixty
days.
(d) Nondisclosure of Existence of Pen Register or a Trap and
Trace Device. - An order authorizing or approving the installation
and use of a pen register or a trap and trace device shall direct
that -
(1) the order be sealed until otherwise ordered by the court;
and
(2) the person owning or leasing the line or other facility to
which the pen register or a trap and trace device is attached or
applied, or who is obligated by the order to provide assistance
to the applicant, not disclose the existence of the pen register
or trap and trace device or the existence of the investigation to
the listed subscriber, or to any other person, unless or until
otherwise ordered by the court.