Visit our newest sister site!
Hundreds of free aircraft flight manuals
Civilian • Historical • Military • Declassified • FREE!


TUCoPS :: Cyber Law :: ecpa3.txt

Electronic Communications Privacy Act Part 3





(3) with the lawful consent of the originator or an addressee or 
intended recipient of such communication, or the subscriber in 
the case of remote computing service;

(4) to a person employed or authorized or whose facilities are 
used to forward such communication to its destination;

(5) as may be necessarily incident to the rendition of the 
service or to the protection of the rights or property of the 
provider of that service; or

(6) to a law enforcement agency, if such contents--

(A) were inadvertently obtained by the service provider; and
(B) appear to pertain to the commission of a crime.


2703. Requirements for governmental access

(a) CONTENTS OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC 
STORAGE.-- A governmental entity may require the disclosure by a 
provider of electronic communication service of the contents of 
an electronic communication, that is in electronic storage in an 
electronic communications system for one hundred and eighty days 
or less, only pursuant to a warrant issued under the Federal 
Rules of Criminal Procedure or equivalent State warrant.  A 
governmental entity may require the disclosure by a provider of 
electronic communications services of the contents of an 
electronic communication that has been in electronic storage in 
an electronic communications system for more than one hundred and 
eighty days by the means available under subsection (b) of this 
section.

/* The following sections directly relate to BBS systems. */

(b) CONTENTS OF ELECTRONIC COMMUNICATIONS IN A REMOTE COMPUTING 
SERVICE.--

(1 A governmental entity may require a provider of remote 
computing service to disclose the contents of any electronic 
communication to which this paragraph is made applicable by 
paragraph (2) of this subsection--

(A) without required notice to the subscriber or customer, if the 
governmental entity obtains a warrant issued under the Federal 
Rules of Criminal Procedure or equivalent State warrant; or

(B) with prior notice from the governmental entity to the 
subscriber or customer if the governmental entity--

(i) uses an administrative subpoena authorized by a Federal or 
State statute or a Federal or State grand jury subpoena; or

(ii) obtains a court order for such disclosure under subsection 
(d) of this section;

except that delayed notice may be given pursuant to section 2705 
of this title.

(2) Paragraph (1) is applicable with respect to any electronic 
communication that is held or maintained on that service--

(A) on behalf of, and received by means of electronic 
transmission from (or created by means of computer processing of 
communications received by means of electronic transmission 
from), a subscriber or customer of such remote computing service; 
and

(B) solely for the purpose of providing storage or computer 
processing services to such subscriber or customer, if the 
provider is not authorized to access the contents of any such 
communications for purposes of providing any services other than 
storage or computer processing.

(c) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR REMOTE 
COMPUTING SERVICE.--

(1) (A) Except as provided in subparagraph (B), a provider of 
electronic communication service or remote computing service may 
disclose a record or other information pertaining to a subscriber 
to or customer of such service (not including the contents of 
communications covered by subsection (a) or (b) of this section) 
to any person other than a governmental entity.

(B) A provider of electronic communication service or remote 
computing service shall disclose a record or other information 
pertaining to a subscriber to or customer of such service (not 
including the contents of communications covered by subsection 
(a) or (b) of this section) to a governmental entity only when 
the governmental entity--

(i) uses an administrative subpoena authorized by a Federal or 
State statute, or a Federal or State grand jury subpoena;

(ii) obtains a warrant issued under the Federal Rules of Criminal 
Procedure or equivalent State warrant;

(iii) obtains a court order for such disclosure under subsection 
(d) of this section; or

(iv) has the consent of the subscriber or customer to such 
disclosure.

(2) A governmental entity receiving records or information under 
this subsection is not required to provide notice to a subscriber 
or customer.

(d) REQUIREMENTS FOR COURT ORDER.-- A court order for disclosure 
under subsection (b) or (c) of this section shall issue only if 
the governmental entity shows that there is reason to believe the 
contents of a wire or electronic communication, or the records or 
other information sought, are relevant to a legitimate law 
enforcement inquiry.  In the case of a State governmental 
authority, such a court order shall not issue if prohibited by 
the law of such State.  A court issuing an order pursuant to this 
section, on a motion made promptly by the service provider, may 
quash or modify such order, if the information or records 
requested are unusually voluminous in nature or compliance with 
such order otherwise would cause an undue burden on such 
provider.

(e) 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 wire or electronic communication service, 
its officers, employees, agents, or other specified persons for 
providing information, facilities, or assistance in accordance 
with the terms of a court order, warrant, subpoena, or 
certification under this chapter.


2704. Backup preservation

(a) BACKUP PRESERVATION.--

(1) A governmental entity acting under section 2703(b)(2) may 
include in its subpoena or court order a requirement that the 
service provider to whom the request is directed create a backup 
copy of the contents of the electronic communications sought in 
order to preserve those communications.  Without notifying the 
subscriber or customer of such subpoena or court order, such 
service provider shall create such backup copy as soon as 
practicable consistent with its regular business practices and 
shall confirm to the governmental entity that such backup copy 
has been made.  Such backup copy shall be created within two 
business days after receipt by the service provider of the 
subpoena or court order.

(2) Notice to the subscriber or customer shall be made by the 
governmental entity within three days after receipt of such 
confirmation, unless such notice is delayed pursuant to section 
2705(a).

(3) The service provider shall not destroy such backup copy until 
the later of--

(A) the delivery of the information; or

(B) the resolution of any proceedings (including appeals of any 
proceeding) concerning the government's subpoena or court order.

(4) The service provider shall release such backup copy to the 
requesting governmental entity no sooner than fourteen days after 
the governmental entity's notice to the subscriber or customer if 
such service provider--

(A) has not received notice from the subscriber or customer that 
the subscriber or customer has challenged the governmental 
entity's request; and

(B) has not initiated proceedings to challenge the request of the 
governmental entity.

(5) A governmental entity may seek to require the creation of a 
backup copy under subsection (a)(1) of this section if in its 
sole discretion such entity determines that there is reason to 
believe that notification under section 2703 of this title of the 
existence of the subpoena or court order may result in 
destruction of or tampering with evidence.  This determination is 
not subject to challenge by the subscriber or customer or service 
provider.

(b) CUSTOMER CHALLENGES.--

(1) Within fourteen days after notice by the governmental entity 
to the subscriber or customer under subsection (a)(2) of this 
section, such subscriber or customer may file a motion to quash 
such subpoena or vacate such court order, with copies served upon 
the governmental entity and with written notice of such challenge 
to the service provider.  A motion to vacate a court order shall 
be filed in the court which issued such order.  A motion to quash 
a subpoena shall be filed in the appropriate Unites States 
district court or State court.  Such motion or application shall 
contain an affidavit or sworn statement--

(A) stating that the applicant is a customer or subscriber to the 
service from which the contents of electronic communications 
maintained for him have been sought; and

(B) stating the applicant's reasons for believing that the 
records sought are not relevant to a legitimate law enforcement 
inquiry or that there has not been substantial compliance with 
the provisions of this chapter in some other respect.

(2) Service shall be made under this section upon a governmental 
entity by delivering or mailing by registered or certified mail a 
copy of the papers to the person, office, or department specified 
in the notice which the customer has received pursuant to this 
chapter.  For the purposes of this section, the term "delivery" 
has the meaning given that term in the Federal Rules of Civil 
Procedure.

(3) If the court finds that the customer has complied with 
paragraphs (1) an (2) of this subsection, the court shall order 
the governmental entity to file a sworn response, which may be 
filed in camera if the governmental entity includes in its 
response the reasons which make in camera review appropriate.  If 
the court is unable to determine the motion or application on the 
basis of the parties' initial allegations and response, the court 
may conduct such additional proceedings as it deems appropriate.  
All such proceedings shall be completed and the motion or 
application decided as soon as practicable after the filing of 
the governmental entity's response.

(4) If the court finds that the applicant is not the subscriber 
or customer for whom the communications sought by the 
governmental entity are maintained, or that there is a reason to 
believe that the law enforcement inquiry is legitimate and that 
the communications sought are relevant to that inquiry, it shall 
deny the motion or application and order such process enforced.  
If the court finds that the applicant is the subscriber or 
customer for whom the communications sought by the governmental 
entity are maintained, and that there is not a reason to believe 
that the communications sought are relevant to a legitimate law 
enforcement inquiry, or that there has not been substantial 
compliance with the provisions of this chapter, it shall order 
the process quashed.

(5) A court order denying a motion or application under this 
section shall not be deemed a final order and no interlocutory 
appeal may be taken therefrom by the customer.


2705.  Delayed notice

(a) DELAY OF NOTIFICATION.--

(1) A governmental entity acting under section 2703(b) of this 
title may--

(A) where a court order is sought, include in the application a 
request, which the court shall grant, for an order delaying the 
notification required under section 2703(b) of this title for a 
period not to exceed ninety days, if the court determines that 
there is reason to believe that notification of the existence of 
the court order may have an adverse result described in paragraph 
(2) of this subsection; or

(B) where an administrative subpoena authorized by a Federal or 
State statute or a Federal or State grand jury subpoena is 
obtained, delay the notification required under section 2703(b) 
of this title for a period not to exceed ninety days upon the 
execution of a written certification of a supervisory official 
that there is reason to believe that notification of the 
existence of the subpoena may have an adverse result described in 
paragraph (2) of this subsection.

(2) An adverse result for the purposes of paragraph (1) of this 
subsection is--

(A) endangering the life or physical safety of an individual;

(B) flight from prosecution;

(C) destruction of or tampering with evidence;

(D) intimidation of potential witnesses; or

(E) otherwise seriously jeopardizing an investigation or unduly 
delaying a trial.

(3) The governmental entity shall maintain a true copy of 
certification under paragraph (1)(B).

(4) Extensions of the delay of notification provided in section 
2703 of up to ninety days each may be granted by the court upon 
application, or by certification by a governmental entity, but 
only in accordance with subsection (b) of this section.

(5) Upon expiration of the period of delay of notification under 
paragraph (1) or (4) of this subsection, the governmental entity 
shall serve upon, or deliver by registered or first- class mail 
to, the customer or subscriber a copy of the process or request 
together with notice that--

(A) states with reasonable specificity the nature of the law 
enforcement inquiry; and

(B) informs such customer or subscriber--

(i) that information maintained for such customer or subscriber 
by the service provider named in such process or request was 
supplied to or requested by that governmental authority and the 
date on which the supplying or request took place;

(ii) that notification of such customer or subscriber was delayed;

(iii) what governmental entity or court made the certification or 
determination pursuant to which that delay was made; and

(iv) which provision of this chapter allowed such delay.

(6) As used in this subsection, the term "supervisory official" 
means the investigative agent in charge or assistant 
investigative agent in charge or an equivalent of an 
investigating agency's headquarters or regional office, or the 
chief prosecuting attorney or the first assistant prosecuting 
attorney or an equivalent of a prosecuting attorney's 
headquarters or regional office.

(b) PRECLUSION OF NOTICE TO SUBJECT OF GOVERNMENTAL ACCESS.-- A 
governmental entity acting under section 2703, when it is not 
required to notify the subscriber or customer under section 
2703(b)(1), or to the extent that it may delay such notice 
pursuant to subsection (a) of this section, may apply to a court 
for an order commanding a provider of electronic communications 
service or remote computing service to whom a warrant, subpoena, 
or court order is directed, for such period as the court deems 
appropriate, not to notify any other person of the existence of 
the warrant, subpoena, or court order.  The court shall enter 
such an order if it determines that there is reason to believe 
that notification of the existence of the warrant, subpoena, or 
court order will results in--

(1) endangering the life or physical safety of an individual;

(2) flight from prosecution;

(3) destruction of or tampering with evidence;

(4) intimidation of potential witnesses; or

(5) otherwise seriously jeopardizing an investigation or unduly 
delaying a trial.


2706.  Cost reimbursement

(a) PAYMENT.-- Except as otherwise provided in subsection (c), a 
governmental entity obtaining the contents of communications, 
records, or other information under section 2702, 2703, or 2704 
of this title shall pay to the person or entity assembling or 
providing such information a fee for reimbursement for such costs 
as are reasonably necessary and which have been directly incurred 
in searching for, assembling, reproducing, or otherwise providing 
such information.  Such reimbursable costs shall include any 
costs due to necessary disruption of normal operations of any 
electronic communication service or remote computing service in 
which such information may be stored.

(b) AMOUNT.-- The amount of the fee provided by subsection (a) 
shall be as mutually agreed by the governmental entity and the 
person or entity providing the information, or, in the absence of 
agreement, shall be as determined by the court which issued the 
order for production of such information (or the court before 
which a criminal prosecution relating to such information would 
be brought, if no court order was issued for production of the 
information).

(c) The requirement of subsection (a) of this section does not 
apply with respect to records or other information maintained by 
a communications common carrier that relate to telephone toll 
records and telephone listings obtained under section 2703 of 
this title.  The court may, however, order a payment as described 
in subsection (a) if the court determines the information 
required is unusually voluminous in nature or otherwise caused an 
undue burden on the provider.


2707.  Civil action

(a) CAUSE OF ACTION.-- Except as provided in section 2703(e), any 
provider of electronic communication service, subscriber, or 
customer aggrieved by any violation of this chapter in which the 
conduct constituting the violation is engaged in with a knowing 
or intentional state of mind may, in a civil action, recover from 
the person or entity which engaged in that violation such relief 
as may be appropriate.

(b) RELIEF.-- In a civil action under this section, appropriate 
relief includes--

(1) such preliminary and other equitable or declaratory relief as 
may be appropriate;

(2) damages under subsection (c); and

(3) a reasonable attorney's fee and other litigation costs 
reasonably incurred.

(c) DAMAGES.-- The court may assess as damages in a civil action 
under this section the sum of the actual damages suffered by the 
plaintiff and any profits made by the violator as a result of the 
violation, but in no case shall a person entitled to recover 
receive less than the sum of $1,000.

(d) DEFENSE.-- A good faith reliance on--

(1) a court warrant or order, a grand jury subpoena, a 
legislative authorization, or a statutory authorization;

(2) a request of an investigative or law enforcement officer 
under section 2518(7) of this title; or

(3) a good faith determination that section 2511(3) of this title 
permitted the conduct complained of;

is a complete defense to any civil or criminal action brought 
under this chapter or any other law.

(e) LIMITATION -- A civil action under this section may not be 
commenced later than two years after the date upon which the 
claimant first discovered or had a reasonable opportunity to 
discover the violation.


2708.  Exclusivity of remedies

The remedies and sanctions described in this chapter are the only 
judicial remedies and sanctions for nonconstitutional violations 
of this chapter.


2709.  Counterintelligence access to telephone toll and 
transactional records

(a) DUTY TO PROVIDE.-- A wire or electronic communication service 
provider shall comply with a request for subscriber information 
and toll billing records information, or electronic communication 
transactional records in its custody or possession made by the 
Director of the Federal Bureau of Investigation under subsection
(b) of this section.

(b) REQUIRED CERTIFICATION.-- The Director of the Federal Bureau 
of Investigation (or an individual within the Federal Bureau of 
Investigation designated for this purpose by the Director) may 
request any such information and records if the Director (or the 
Director's designee) certifies in writing to the wire or 
electronic communication service provider to which the request is 
made that--

(1) the information sought is relevant to an authorized foreign 
counterintelligence investigation; and

(2) there are specific and articulable facts giving reason to 
believe that the person or entity to whom the information sought 
pertains is a foreign power or an agent of a foreign power as 
defined in section 101 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801).

(c) PROHIBITION OF CERTAIN DISCLOSURE.-- No wire or electronic 
communication service provider, or officer, employee, or agent 
thereof, shall disclose to any person that the Federal Bureau of 
Investigation has sought or obtained access to information or 
records under this section.

(d) DISSEMINATION BY BUREAU.-- The Federal Bureau of 
Investigation may disseminate information and records obtained 
under this section only as provided in guidelines approved by the 
Attorney General for foreign intelligence collection and foreign 
counterintelligence investigations conducted by the Federal 
Bureau of Investigation, and, with respect to dissemination to an 
agency of the United States, only if such information is clearly 
relevant to the authorized responsibilities of such agency.

(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE INFORMED.-- 
On a semiannual basis the Director of the Federal Bureau of 
Investigation shall fully inform the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate concerning all requests 
made under subsection (b) of this section.


2710.  Definitions for chapter

As used in this chapter -

(1) the terms defined in section 2510 of this title have, 
respectively, the definitions given such terms in that section; 
and

(2) the term "remote computing service" means the provision to 
the public of computer storage or processing services by means of 
an electronic communications system.


CHAPTER 205-SEARCHES AND SEIZURES

Sec. 3101.  Effect of rules of court--Rules

3117.  Mobile tracking devices.


3117.  Mobile tracking devices

(a). IN GENERAL.--If a court is empowered to issue a warrant or 
other order for the installation of a mobile tracking device, 
such order may authorize the use of that device within the 
jurisdiction of the court, and outside that jurisdiction if the 
device is installed in that jurisdiction.

(b). DEFINITION.--As used in this section, the term "tracking 
device" means an electronic or mechanical device which permits 
the tracking of the movement of a person or object.


CHAPTER 206-PEN REGISTERS AND TRAP TRACE DEVICES

Sec.

3121. General prohibition on pen register on trap and trace 
device use; exception.

3122. Application for an order for a pen register or a trap and 
trace device.

3123. Issuance of an order for a pen register or a trap or trace 
device.

3124. Assistance in installation and use of a pen register or a 
trap and trace device.

3125.  Reports concerning pen registers and trap and trace 
devices.

3126.  Definitions for chapter.


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 with the consent of the 
user of that service.

(c) Penalty.-Whoever knowingly violates subsection (a) shall be 
fined under this title or imprisoned not more than one year, or 
both.


3122.  Application for an order for a pen register or a trap and 
trace device

(a) Application.-

(1) An attorney for the Government may make application for an 
order or an extension of an order under section 3123 of this 
title authorizing or approving the installation and use of a pen 
register or a trap and trace device under this chapter, in 
writing under oath or equivalent affirmation, to a court of 
competent jurisdiction.

(2) Unless prohibited by State law, a State investigative law 
enforcement officer may make application for an order or an 
extension of an order under section 3123 of this title 
authorizing or approving the installation and use of a pen 
register or a trap and trace device under this chapter, in 
writing under oath or equivalent affirmation, to a court of 
competent jurisdiction of such State.

(b) Contents Of Application. - An application under subsection 
(a) of this section shall include-

(1) the identity of the attorney for the Government or the State 
law enforcement or investigative officer making the application 
and the identity of the law enforcement agency conducting the 
investigation; and

(2) a certification by the applicant that the information likely 
to be obtained is relevant to an ongoing criminal investigation 
being conducted by that agency.


3123.  Issuance of an order for a pen register or a trap and 
trace device

(a) In General.-Upon an application made under section 3122 of 
this title, the court shall enter an ex parte order authorizing 
the installation and use of a pen register or a trap and trace 
device within the jurisdiction of the court if the court finds 
that the attorney for the Government or the State law enforcement 
or investigative officer has certified to the court that the 
information likely to be obtained by such installation and use is 
relevant to an ongoing criminal investigation.

(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 to which the pen register 
or trap and trace device is to be attached;

(B) the identity, if known, of the person who is the subject of 
the criminal investigation;

(C) the number and, if known, physical location of the telephone 
line to which the pen register or trap and trace device is to be 
attached and, in the case of a trap and trace device, the 
geographic limits of the trap and trace 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 
installation and use of a pen register or a trap and trace device 
for a period not to exceed sixty 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 sixty 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 to which the pen 
register or a trap and trace device is attached, or who has been 
ordered by the court to provide assistance to the applicant, not 
disclose the existence of the pen register or trap and trace 
device or the existence of the investigation to the listed 
subscriber, 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 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 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 to the officer of a law enforcement agency, 
designated in the court, 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 the terms of a court order under this chapter.

(e) Defense.-A good faith reliance on a court order, 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.


3125.  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.


3126.  Definitions for chapter

As used in this chapter-

(1) the terms "wire communication", "electronic communication", 
and "electronic communication service" have the meanings set 
forth for such terms in section 2510 of this title;

(2) the term "court of competent jurisdiction" means-

(A) a district court of the United States (including a magistrate 
of such a court) or a United States Court of Appeals; 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 which records or 
decodes electronic or other impulses which identify the numbers 
dialed or otherwise transmitted on the telephone line to which 
such device is attached, but such term does not include any 
device 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 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 which 
captures the incoming electronic or other impulses which identify 
the originating number of an instrument or device from which a 
wire or electronic communication was transmitted;

(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.

Downloaded From P-80 International Information Systems 304-744-2253



TUCoPS is optimized to look best in Firefox® on a widescreen monitor (1440x900 or better).
Site design & layout copyright © 1986-2014 AOH