50 U.S.C. § 1842 : US Code - Section 1842: Pen registers and trap and trace devices for foreign intelligence and international terrorism investigations

Search 50 U.S.C. § 1842 : US Code - Section 1842: Pen registers and trap and trace devices for foreign intelligence and international terrorism investigations

(a) Application for authorization or approval
(1) Notwithstanding any other provision of law, the Attorney
General or a designated attorney for the Government may make an
application for an order or an extension of an order authorizing or
approving the installation and use of a pen register or trap and
trace device for any investigation to obtain foreign intelligence
information not concerning a United States person or to protect
against international terrorism or clandestine intelligence
activities, provided that such investigation of a United States
person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution which is being
conducted by the Federal Bureau of Investigation under such
guidelines as the Attorney General approves pursuant to Executive
Order No. 12333, or a successor order.
(2) The authority under paragraph (1) is in addition to the
authority under subchapter I of this chapter to conduct the
electronic surveillance referred to in that paragraph.
(b) Form of application; recipient
Each application under this section shall be in writing under
oath or affirmation to -
(1) a judge of the court established by section 1803(a) of this
title; or
(2) a United States Magistrate Judge under chapter 43 of title
28 who is publicly designated by the Chief Justice of the United
States to have the power to hear applications for and grant
orders approving the installation and use of a pen register or
trap and trace device on behalf of a judge of that court.
(c) Executive approval; contents of application
Each application under this section shall require the approval of
the Attorney General, or a designated attorney for the Government,
and shall include -
(1) the identity of the Federal officer seeking to use the pen
register or trap and trace device covered by the application; and
(2) a certification by the applicant that the information
likely to be obtained is foreign intelligence information not
concerning a United States person or is relevant to an ongoing
investigation to protect against international terrorism or
clandestine intelligence activities, provided that such
investigation of a United States person is not conducted solely
upon the basis of activities protected by the first amendment to
the Constitution.
(d) Ex parte judicial order of approval
(1) Upon an application made pursuant to this section, the judge
shall enter an ex parte order as requested, or as modified,
approving the installation and use of a pen register or trap and
trace device if the judge finds that the application satisfies the
requirements of this section.
(2) An order issued under this section -
(A) shall specify -
(i) the identity, if known, of the person who is the subject
of the investigation;
(ii) 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;
(iii) the attributes of the communications to which the order
applies, such as 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 a trap and trace device, the
geographic limits of the trap and trace order.(!1)
(B) shall direct that -
(i) upon request of the applicant, the provider of a wire or
electronic communication service, landlord, custodian, or other
person shall furnish any information, facilities, or technical
assistance necessary to accomplish the installation and
operation of the pen register or trap and trace device in such
a manner as will protect its secrecy and produce a minimum
amount of interference with the services that such provider,
landlord, custodian, or other person is providing the person
concerned;
(ii) such provider, landlord, custodian, or other person -
(I) shall not disclose the existence of the investigation
or of the pen register or trap and trace device to any person
unless or until ordered by the court; and
(II) shall maintain, under security procedures approved by
the Attorney General and the Director of National
Intelligence pursuant to section 1805(b)(2)(C) (!2) of this
title, any records concerning the pen register or trap and
trace device or the aid furnished; and
(iii) the applicant shall compensate such provider, landlord,
custodian, or other person for reasonable expenses incurred by
such provider, landlord, custodian, or other person in
providing such information, facilities, or technical
assistance.
(e) Time limitation
An order issued under this section shall authorize the
installation and use of a pen register or trap and trace device for
a period not to exceed 90 days. Extensions of such an order may be
granted, but only upon an application for an order under this
section and upon the judicial finding required by subsection (d) of
this section. The period of extension shall be for a period not to
exceed 90 days.
(f) Cause of action barred
No cause of action shall lie in any court against any provider of
a wire or electronic communication service, landlord, custodian, or
other person (including any officer, employee, agent, or other
specified person thereof) that furnishes any information,
facilities, or technical assistance under subsection (d) of this
section in accordance with the terms of an order issued under this
section.
(g) Furnishing of results
Unless otherwise ordered by the judge, the results of a pen
register or trap and trace device shall be furnished at reasonable
intervals during regular business hours for the duration of the
order to the authorized Government official or officials.