§ 3125. — Emergency pen register and trap and trace device installation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3125]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES
Sec. 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 one year;
that requires the installation 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 forty-eight 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
application for the order is denied or when forty-eight 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
enforcement officer of a pen register or trap and trace device pursuant
to subsection (a) without application for the authorizing order within
forty-eight 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
pursuant to this section shall be reasonably compensated for such
reasonable expenses incurred in providing such facilities and
assistance.
(Added Pub. L. 100-690, title VII, Sec. 7092(a)(2), Nov. 18, 1988, 102
Stat. 4410; amended Pub. L. 103-322, title XXXIII, Sec. 330008(3), Sept.
13, 1994, 108 Stat. 2142; Pub. L. 104-294, title VI, Sec. 601(f)(5),
Oct. 11, 1996, 110 Stat. 3499; Pub. L. 107-296, title II, Sec. 225(i),
Nov. 25, 2002, 116 Stat. 2158.)
Prior Provisions
A prior section 3125 was renumbered section 3126 of this title.
Amendments
2002--Subsec. (a)(1)(C), (D). Pub. L. 107-296 added subpars. (C) and
(D).
1996--Subsec. (a). Pub. L. 104-294 struck out closing quotation mark
at end.
1994--Subsec. (a). Pub. L. 103-322, Sec. 330008(3)(A), (B),
substituted ``use;'' for ``use' '' in par. (2) and directed that matter
beginning with ``may have installed'' and ending with ``section 3123 of
this title'' be realigned so that it is flush to the left margin, which
was executed to text containing a period after ``section 3123 of this
title'', to reflect the probable intent of Congress.
Subsec. (d). Pub. L. 103-322, Sec. 330008(3)(C), substituted
``provider of'' for ``provider for''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Section Referred to in Other Sections
This section is referred to in sections 2707, 3124 of this title;
title 47 section 1002.
