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Advanced Criminal Investigations and Intelligence Operations

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  viding 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

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  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 applica-

  tion made under section 3122 (a)(2), the court shall enter an ex parte order authorizing the instal ation 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 cer-

  tified to the court that the information likely to be obtained by such

  instal ation 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 instal-

  lation 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 automatical y to record this information elec-

  tronical y, the record shall be maintained electronical y

  throughout the instal ation 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 (includ-

  ing 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;

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  (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 authoriz-

  ing 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 installa-

  tion and use of a pen register or a trap and trace device for a

  period not to exceed 60 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 60 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 appli-

  cant, not disclose the existence of the pen register or trap and

  trace device or the existence of the investigation to the listed sub-

  scriber, or to any other person, unless or until otherwise ordered

  by the court.

  § 3124. Assistance in Installation and Use of a

  Pen Register or a Trap and Trace Device

  (a) Pen Registers. Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to install and

  use a pen register under this chapter, a provider of wire or elec-

  tronic communication service, landlord, custodian, or other person

  shall furnish such investigative or law enforcement officer forth-

  with all information, facilities, and technical assistance necessary

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  Appendix A: Electronic Surveillance Law

  to accomplish the installation of the pen register unobtrusively and

  with a minimum of interference with the services that the person

  so ordered by the court accords the party with respect to whom the

  installation and use is to take place, if such assistance is directed by

  a court order as provided in section 3123 (b)(2) of this title.

  (b) Trap and Trace Device. Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized

  to receive the results of a trap and trace device under this chapter,

  a provider of a wire or electronic communication service, landlord,

  custodian, or other person shall install such device forthwith on the

  appropriate line or other facility and shall furnish such investiga-

  tive or law enforcement officer all additional information, facilities

  and technical assistance including installation and operation of the

  device unobtrusively and with a minimum of interference with the

  services that the person so ordered by the court accords the party

  with respect to whom the installation and use is to take place, if

  such installation and assistance is directed by a court order as pro-

  vided in section 3123 (b)(2) of this title. Unless otherwise ordered by

  the court, the results of the trap and trace device shall be furnished,

  pursuant to section 3123 (b) or section 3125 of this title, to the offi-

  cer of a law enforcement agency, designated in the court order, at

  reasonable intervals during regular business hours for the duration

  of
the order.

  (c) Compensation. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities

  or technical assistance pursuant to this section shall be reasonably

  compensated for such reasonable expenses incurred in providing

  such facilities and assistance.

  (d) No Cause of Action against a Provider Disclosing Information Under This Chapter. No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers,

  employees, agents, or other specified persons for providing infor-

  mation, facilities, or assistance in accordance with a court order

  under this chapter or request pursuant to section 3125 of this title.

  (e) Defense. A good faith reliance on a court order under this chapter, a request pursuant to section 3125 of this title, a legislative authorization, or a statutory authorization is a complete defense against any

  civil or criminal action brought under this chapter or any other law.

  (f) Communications Assistance Enforcement Orders. Pursuant to section 2522, an order may be issued to enforce the assistance capability

  and capacity requirements under the Communications Assistance

  for Law Enforcement Act.

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  301

  § 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 1 year; that requires the instal-

  lation 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

  48 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 appli-

  cation for the order is denied or when 48 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 enforce-

  ment officer of a pen register or trap and trace device pursuant to

  subsection (a) without application for the authorizing order within

  48 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 pur-

  suant to this section shall be reasonably compensated for such

  reasonable expenses incurred in providing such facilities and

  assistance.

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  § 3126. Reports Concerning Pen Registers

  and Trap and Trace Devices

  The Attorney General shall annually report to Congress on the number

  of pen register orders and orders for trap and trace devices applied for by law enforcement agencies of the Department of Justice, which report shall include information concerning—

  (1) the period of interceptions authorized by the order, and the number

  and duration of any extensions of the order;

  (2) the offense specified in the order or application, or extension of an order;

  (3) the number of investigations involved;

  (4) the number and nature of the facilities affected; and

  (5) the identity, including district, of the applying investigative or law enforcement agency making the application and the person authorizing the order.

  § 3127. Definitions for Chapter

  As used in this chapter—

  (1) the terms “wire communication,” “electronic communication,”

  “electronic communication service,” and “contents” have the mean-

  ings set forth for such terms in section 2510 of this title;

  (2) the term “court of competent jurisdiction” means—

  (A) any district court of the United States (including a magistrate

  judge of such a court) or any U.S. court of appeals that—

  (i) has jurisdiction over the offense being investigated;

  (ii) is in or for a district in which the provider of a wire or

  electronic communication service is located;

  (iii) is in or for a district in which a landlord, custodian, or

  other person subject to subsections (a) or (b) of section

  3124 of this title is located; or

  (iv) is acting on a request for foreign assistance pursuant to

  section 3512 of this title; or

  (B) a court of general criminal jurisdiction of a State authorized

  by the law of that State to enter orders authorizing the use of

  a pen register or a trap and trace device;

  (3) 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 elec-

  tronic communication is transmitted, provided, however, that such

  Appendix A: Electronic Surveillance Law

  303

  information shall not include the contents of any communication,

  but such term does not include any device or process used by a pro-

  vider or customer of a wire or electronic communication service

  for billing, or recording as an incident to billing, for communica-

  tions 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;

  (4) 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;

  (5) the term “attorney for the Government” has the meaning given such

  term for the purposes of the Federal Rules of Criminal Procedure;

  and

  (6) the term “State” means a State, the District of Columbia, Puerto
/>   Rico, and any other possession or territory of the United States.

  Communications Assistance Law Enforcement

  Act of 1994 (47 U.S.C. 1001–1021)

  Communications Assistance for Law Enforcement Act of 1994

  Pub. L. No. 103-414, 108 Stat. 4279

  One Hundred Third Congress

  of the

  United States of America

  at the Second Session

  An Act

  To amend title 18, United States Code, to make clear a telecommunications carrier’s duty to cooperate in the interception of communications for law enforcement purposes, and for other purposes.

  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

  Title I: Interception of Digital and Other Communications

  § 101. Short Title

  This title may be cited as the “Communications Assistance for Law

  Enforcement Act”.

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  § 102. Definitions

  For purposes of this title—

  (1) The terms defined in section 2510 of title 18, United States Code,

  have, respectively, the meanings stated in that section.

  (2) The term “call-identifying information” means dialing or signal-

  ing information that identifies the origin, direction, destination, or

  termination of each communication generated or received by a sub-

  scriber by means of any equipment, facility, or service of a telecom-

  munications carrier.

  (3) The term “Commission” means the Federal Communications

  Commission.

  (4) The term “electronic messaging services” means software-based ser-

  vices that enable the sharing of data, images, sound, writing, or other

  information among computing devices controlled by the senders or

  recipients of the messages.

  (5) The term “government” means the government of the United States

  and any agency or instrumentality thereof, the District of Columbia,

  any commonwealth, territory, or possession of the United States, and

  any State or political subdivision thereof authorized by law to con-

 

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