18 U.S.C. § 3124

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

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(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, request pursuant to section 3125 of this title, or an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.(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, a statutory authorization, or a good faith determination that the conduct complained of was permitted by an order from a foreign government that is subject to executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523, 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, § 301(a), Oct. 21, 1986, 100 Stat. 1870; amended Pub. L. 100–690, title VII, §§ 7040, 7092(b), (d), Nov. 18, 1988, 102 Stat. 4399, 4411; Pub. L. 101–647, title XXXV, § 3575, Nov. 29, 1990, 104 Stat. 4929; Pub. L. 103–414, title II, § 201(b)(2), Oct. 25, 1994, 108 Stat. 4290; Pub. L. 107–56, title II, § 216(c)(5), (6), Oct. 26, 2001, 115 Stat. 290; Pub. L. 115–141, div. V, § 104(3)(B), Mar. 23, 2018, 132 Stat. 1217.)Editorial NotesReferences 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 (§ 1001 et seq.) of chapter 9 of Title 47, Telecommunications. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 47 and Tables.

Amendments

2018—Subsec. (d). Pub. L. 115–141, § 104(3)(B)(i), amended subsec. (d) generally. Prior to amendment, text read as follows: “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.”

Subsec. (e). Pub. L. 115–141, § 104(3)(B)(ii), amended subsec. (e) generally. Prior to amendment, text read as follows: “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.”

2001—Subsec. (b). Pub. L. 107–56, § 216(c)(6), inserted “or other facility” after “the appropriate line”.

Subsec. (d). Pub. L. 107–56, § 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, §§ 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, § 7092(b)(1), inserted “or request pursuant to section 3125 of this title” after “this chapter”.

Subsec. (e). Pub. L. 100–690, § 7092(b)(2), inserted “under this chapter, a request pursuant to section 3125 of this title” after “court order”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title.

Assistance to Law Enforcement Agencies

Pub. L. 107–56, title II, § 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.”

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1995–2025 · leading case: United States v. Lavabit, LLC., 749 F.3d 276 (4th Cir. 2014).

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United States v. Lavabit, LLC., 749 F.3d 276 (4th Cir. 2014). “See 18 U.S.C. §§ 3124 (a), (b). Under the pen-register provision, for instance, Lava-bit must provide: all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the…”

In Re Application for Pen Register & Trap/Trace Device With Cell Site Location Auth., 396 F. Supp. 2d 747 (S.D. Tex. 2005). “” 18 U.S.C. § 3124 (b). The wiretap statute authorizes periodic reports to the court concerning the progress of the surveillance.”

In Re the United States for an Order Authorizing the Use of a Pen Register & a Trap & Trace Device, 396 F. Supp. 2d 294 (E.D.N.Y 2005). “” 18 U.S.C. § 3124 (b). The wiretap statute authorizes periodic reports to the court concerning the progress of the surveillance.”

In Re the United States for an Order Authorizing the Use of a Pen Register & Trap On, 396 F. Supp. 2d 45 (D. Mass. 2005). “It is true that the internet service providers would be protected by the provisions of Title 18 U.S.C. § 3124 (e) which provides that “[a] good faith reliance on a court order under this chapter.”

United States v. Espudo, 954 F. Supp. 2d 1029 (S.D. Cal. 2013). “” 18 U.S.C. § 3124 . The wiretap statute authorizes periodic reports to the court concerning the progress of the surveillance.”

United States v. Nichols, 897 F. Supp. 542 (W.D. Okla. 1995). “§ 924 (c) was committed and that the Defendant committed it and whether the rebuttable presumption under 18 U.S.C. § 3124 (e) may be invoked on that basis in this matter, as the Government argues.”

James Jenkins v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017). · cites it 2× “The order states that, pursuant to Title 18 U.S.C. § 3124 : the Indiana State Police shall be authorized to initiate a signal to determine the location of the subject’s mobile device on the service provider’s network or with such other reference points as may be reasonably…”

United States v. Baker, 349 F. Supp. 3d 1113 (D.N.M. 2018). “The United States argues that a rebuttable presumption of detention arises under 18 U.S.C. § 3124 (e)(3)(E), because Baker is charged with an offense involving a minor victim under 18 U.”

United States v. Richardson (D.D.C. 2025). “See 18 U.S.C. §§ 3124 (g)(3), (4). Richardson is a ! Since the Court holds that the Government has not demonstrated that Richardson is a danger to the community or a flight risk, I do not reach the issue of whether it was erroneous for the magistrate judge to detain Richardson…”

In Re: Under Seal (4th Cir. 2014). “See 18 U.S.C. §§ 3124 (a), (b). Under the pen-register provision, for instance, Lavabit must provide: all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the…”

Selina v. Hopi Tribal Court, 10 Am. Tribal Law 323 (2009). “at 422, quoting Norris at footnote 5 (citing to 18 U.S.C. § 3124 (b) and Am. Rev.Stat. § 13-3961 by way of contrast).”

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