§ 3127. — Definitions for chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3127]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES
Sec. 3127. Definitions for chapter
As used in this chapter--
(1) the terms ``wire communication'', ``electronic
communication'', ``electronic communication service'', and
``contents'' have the meanings 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 United States court of
appeals having jurisdiction over the offense being investigated;
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 electronic communication is transmitted, provided, however,
that such information shall not include the contents of any
communication, but such term does not include any device or process
used by a provider or customer of a wire or electronic communication
service for billing, or recording as an incident to billing, for
communications 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.
(Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat.
1871, Sec. 3126; renumbered Sec. 3127, Pub. L. 100-690, title VII,
Sec. 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 107-56,
title II, Sec. 216(c)(1)-(4), Oct. 26, 2001, 115 Stat. 290.)
References in Text
The Federal Rules of Criminal Procedure, referred to in par. (5),
are set out in the Appendix to this title.
Amendments
2001--Par. (1). Pub. L. 107-56, Sec. 216(c)(4), struck out ``and''
after `` `electronic communication','' and inserted ``, and `contents'
'' after `` `electronic communication service' ''.
Par. (2)(A). Pub. L. 107-56, Sec. 216(c)(1), added subpar. (A) and
struck out former subpar. (A) which read as follows: ``a district court
of the United States (including a magistrate judge of such a court) or a
United States Court of Appeals; or''.
Par. (3). Pub. L. 107-56, Sec. 216(c)(2), substituted ``dialing,
routing, addressing, or signaling information transmitted by an
instrument or facility from which a wire or electronic communication is
transmitted, provided, however, that such information shall not include
the contents of any communication'' for ``electronic or other impulses
which identify the numbers dialed or otherwise transmitted on the
telephone line to which such device is attached'' and inserted ``or
process'' after ``device'' wherever appearing.
Par. (4). Pub. L. 107-56, Sec. 216(c)(3), inserted ``or process''
after ``means a device'' and substituted ``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;''
for ``of an instrument or device from which a wire or electronic
communication was transmitted;''.
1988--Pub. L. 100-690 renumbered section 3126 of this title as this
section.
Section Referred to in Other Sections
This section is referred to in section 2711 of this title; title 47
section 1002; title 50 section 1841.
