18 U.S.C. § 3127

Definitions for chapter

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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 that—(i) has jurisdiction over the offense being investigated;(ii) is in or for a district in which the provider of a wire or electronic communication service is located;(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located; or(iv) is acting on a request for foreign assistance pursuant to section 3512 of this title; 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, § 301(a), Oct. 21, 1986, 100 Stat. 1871, § 3126; renumbered § 3127, Pub. L. 100–690, title VII, § 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 107–56, title II, § 216(c)(1)–(4), Oct. 26, 2001, 115 Stat. 290; Pub. L. 111–79, § 2(3), Oct. 19, 2009, 123 Stat. 2087.)Editorial NotesReferences in Text

The Federal Rules of Criminal Procedure, referred to in par. (5), are set out in the Appendix to this title.

Amendments

2009—Par. (2)(A). Pub. L. 111–79 substituted “that—” and cls. (i) to (iv) for “having jurisdiction over the offense being investigated; or”.

2001—Par. (1). Pub. L. 107–56, § 216(c)(4), struck out “and” after “ ‘electronic communication’,” and inserted “, and ‘contents’ ” after “ ‘electronic communication service’ ”.

Par. (2)(A). Pub. L. 107–56, § 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, § 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, § 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.

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.

Notes of Decisions

Cited in 89 cases (7 in the last 5 years), 1990–2026 · leading case: United States v. Eric Powell, 847 F.3d 760 (6th Cir. 2017).

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United States v. Eric Powell, 847 F.3d 760 (6th Cir. 2017). · cites it 2× “” 18 U.S.C. § 3127 (3); see also § 3127(1) (incorporating definitions from 18 U.”

In Re Application for Pen Register & Trap/Trace Device With Cell Site Location Auth., 396 F. Supp. 2d 747 (S.D. Tex. 2005). · cites it 3× “See 18 U.S.C. § 3127 . Among the most commonly used law enforcement techniques, 2 a pen/trap order authorizes real-time electronic monitoring of a telephone user’s calls (excluding content) for a limited duration, typically 60 days.”

United States v. Lavabit, LLC., 749 F.3d 276 (4th Cir. 2014). · cites it 2× “See 18 U.S.C. § 3127 (3), (4) (forbidding pen registers and trap/trace devices from collecting “the contents of any communication”).”

In Re Applic. of US for an Order for Disclosure, 405 F. Supp. 2d 435 (S.D.N.Y. 2005). · cites it 6× “These devices are more fully defined in 18 U.S.C. § 3127 (3), (4). [1] A "pen register" is defined as a device that provides not merely the telephone number of a telephone call dialed from the subject telephone the most common use of the term "pen register" but also…”

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). · cites it 3× “It is thus possible to infer that Paragraph 11(a) — by citing the SCA, asking for permission to use a pen register (which is not a matter covered by the SCA), and explicitly referring to “routing, addressing, or signaling information” (which is redundant, given the definition of…”

In Re the United States for an Order for Prospective Cell Site Location Info. on a Certain Cellular Tel., 460 F. Supp. 2d 448 (S.D.N.Y. 2006). · cites it 3× “As noted above, the government here seeks information identifying the antenna tower receiving transmissions from the subject telephone at the beginning and end of particular telephone calls. The Court need not determine whether the term "signaling information” includes also…”

In re Jason Leopold to Unseal Certain Elec. Surveillance Applications, 300 F. Supp. 3d 61 (D.C. Cir. 2018). · cites it 2× “) (citing definitions in 18 U.S.C. § 3127 (3), (4), and concluding that the PRA "authorize[s] the Government to use pen registers and trap and trace devices on e-mail accounts during the course of criminal investigations"); see also Labow v.”

In the Matter of the Application of Jason Leopold to Unseal Certain Elec. Surveillance Applications & Orders, 964 F.3d 1121 (D.C. Cir. 2020). “See 18 U.S.C. § 3127 (3), (4). Collectively, they tell the government such things as what number a person dialed, what address a person was emailed from, and when someone sent a text.”

State v. Payne & Bond, 104 A.3d 142 (Md. 2014). · cites it 2× “” See 18 U.S.C. §3127 (3), (4) (2012); 18 U.S.C.”

United States v. Forrester, 512 F.3d 500 (9th Cir. 2008). “” 18 U.S.C. § 3127 (3). Notwithstanding the government’s invocation of this provision and application for and receipt of a court order, Alba maintains that the computer surveillance at issue here did not come within the statutory definition of a “pen register.”

In Re US for an Order Aut. Dis. of Prosp. Cell, 412 F. Supp. 2d 947 (E.D. Wis. 2006). · cites it 2× “Title 18 U.S.C. § 3127 (3) defines the term “pen register” as any 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,…”

United States v. Ellis, 270 F. Supp. 3d 1134 (N.D. Cal. 2017). · cites it 2× “B (FBI Electronic Surveillance Manual at 41), The excerpt of a manual cited by Ellis further, instructed that cell site simulators were covered by the definition of a pen register in 18 U.S.C. § 3127 (3) as amended by the USA Patriot Act of 2001, Pub.”

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— 18 U.S.C. § 3127(3) — 1 case

Klayman v. Obama, 957 F. Supp. 2d 1 (D.D.C. 2013).

— 18 U.S.C. § 3127(4) — 1 case

United States v. Aisenberg, 247 F. Supp. 2d 1272 (M.D. Fla. 2003).

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