§ 3121. — General prohibition on pen register and trap and trace device use; exception.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3121]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES
Sec. 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.
(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].''
