§ 3124. — Assistance in installation and use of a pen register or a trap and trace device.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3124]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES
Sec. 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
electronic communication service, landlord, custodian, or other person
shall furnish such investigative or law enforcement officer forthwith
all information, facilities, and technical assistance necessary 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 investigative
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 provided 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 officer 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
information, 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.
(Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat.
1870; amended Pub. L. 100-690, title VII, Secs. 7040, 7092(b), (d), Nov.
18, 1988, 102 Stat. 4399, 4411; Pub. L. 101-647, title XXXV, Sec. 3575,
Nov. 29, 1990, 104 Stat. 4929; Pub. L. 103-414, title II,
Sec. 201(b)(2), Oct. 25, 1994, 108 Stat. 4290; Pub. L. 107-56, title II,
Sec. 216(c)(5), (6), Oct. 26, 2001, 115 Stat. 290.)
References in Text
The Communications Assistance for Law Enforcement Act, referred to
in subsec. (f), is title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat.
4279, which is classified generally to subchapter I (Sec. 1001 et seq.)
of chapter 9 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.
For complete classification of this Act to the Code, see Short Title
note set out under section 1001 of Title 47 and Tables.
Amendments
2001--Subsec. (b). Pub. L. 107-56, Sec. 216(c)(6), inserted ``or
other facility'' after ``the appropriate line''.
Subsec. (d). Pub. L. 107-56, Sec. 216(c)(5), struck out ``the terms
of'' before ``a court order''.
1994--Subsec. (f). Pub. L. 103-414 added subsec. (f).
1990--Subsec. (b). Pub. L. 101-647 substituted ``section 3123(b)''
for ``subsection 3123(b)''.
1988--Subsec. (b). Pub. L. 100-690, Secs. 7040, 7092(d), inserted
``, pursuant to subsection 3123(b) or section 3125 of this title,''
after ``shall be furnished'' and ``order'' after last reference to
``court''.
Subsec. (d). Pub. L. 100-690, Sec. 7092(b)(1), inserted ``or request
pursuant to section 3125 of this title'' after ``this chapter''.
Subsec. (e). Pub. L. 100-690, Sec. 7092(b)(2), inserted ``under this
chapter, a request pursuant to section 3125 of this title'' after
``court order''.
Assistance to Law Enforcement Agencies
Pub. L. 107-56, title II, Sec. 222, Oct. 26, 2001, 115 Stat. 292,
provided that: ``Nothing in this Act [see Short Title of 2001 Amendment
note set out under section 1 of this title] shall impose any additional
technical obligation or requirement on a provider of a wire or
electronic communication service or other person to furnish facilities
or technical assistance. A provider of a wire or electronic
communication service, landlord, custodian, or other person who
furnishes facilities or technical assistance pursuant to section 216
[amending this section and sections 3121, 3123, and 3127 of this title]
shall be reasonably compensated for such reasonable expenditures
incurred in providing such facilities or assistance.''
Section Referred to in Other Sections
This section is referred to in section 3123 of this title.
