U.S. Code » Title 50 » Chapter CHAPTER 36— FOREIGN INTELLIGENCE SURVEILLANCE › Subchapter SUBCHAPTER III— PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES

50 U.S.C. § 1841

Definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 50 CasesGoogle Scholar
As used in this subchapter:(1) The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “foreign intelligence information”, “Attorney General”, “United States person”, “United States”, “person”, and “State” shall have the same meanings as in section 1801 of this title.(2) The terms “pen register” and “trap and trace device” have the meanings given such terms in section 3127 of title 18.(3) The term “aggrieved person” means any person—(A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this subchapter; or(B) whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this subchapter to capture incoming electronic or other communications impulses.(4)(A) The term “specific selection term”—(i) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and(ii) is used to limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device.(B) A specific selection term under subparagraph (A) does not include an identifier that does not limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device, such as an identifier that—(i) identifies an electronic communication service provider (as that term is defined in section 1881 of this title) or a provider of remote computing service (as that term is defined in section 2711 of title 18), when not used as part of a specific identifier as described in subparagraph (A), unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the use; or(ii) identifies a broad geographic region, including the United States, a city, a county, a State, a zip code, or an area code, when not used as part of a specific identifier as described in subparagraph (A).(C) For purposes of subparagraph (A), the term “address” means a physical address or electronic address, such as an electronic mail address or temporarily assigned network address (including an Internet protocol address).(D) Nothing in this paragraph shall be construed to preclude the use of multiple terms or identifiers to meet the requirements of subparagraph (A).(Pub. L. 95–511, title IV, § 401, as added Pub. L. 105–272, title VI, § 601(2), Oct. 20, 1998, 112 Stat. 2404; amended Pub. L. 114–23, title II, § 201(b), June 2, 2015, 129 Stat. 277.)Editorial NotesPrior Provisions

A prior section 401 of Pub. L. 95–511 was renumbered section 701 and was set out as a note under section 1801 of this title, prior to repeal by Pub. L. 110–261.

Amendments

2015—Par. (4). Pub. L. 114–23 added par. (4).

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2006–2023 · leading case: Elec. Privacy Info. Ctr. v. Dep't of Just., 296 F. Supp. 3d 109 (D.C. Cir. 2017).
Sort: Relevance Newest Treatment
Elec. Privacy Info. Ctr. v. Dep't of Just., 296 F. Supp. 3d 109 (D.C. Cir. 2017). “In short, EPIC submitted a FOIA request to DOJ on October 3, 2013, seeking certain records that pertain to the United States government's prior surreptitious use of PR/TT devices under the Foreign Intelligence Surveillance Act ("FISA"), 50 U.S.C. §§ 1841 - 46 : 1. All reports…”
Twitter, Inc. v. Merrick Garland, 61 F.4th 686 (9th Cir. 2023). “50 U.S.C. § 1841 (2); see also 18 U.S.C. § 3127 (3)–(4).”
United States v. Weissman, 447 F. Supp. 2d 538 (E.D. Va. 2006). “2405 (1998) (codified as amended at 50 U.S.C. § 1841 et seq.), and to allow the executive branch access to business records for foreign intelligence and international terrorism investigations.”
In re Certified Question of Law, 858 F.3d 591 (FISA Ct. 2016). “Four years later, Congress amended FISA by adding the pen register and trap- and-trace provisions of title IV, 50 U.S.C. § 1841 et seq. The new section 1841 provided that the terms “pen register” and “trap and trace device” were to “have the meanings given such terms in section…”
Use of the EINSTEIN 2.0 Intrusion-Detection Sys. to Protect Unclassified Comput. Networks in the Exec. Branch (OLC 2009). · cites it 2× “See 50 U.S.C. §§ 1841–1846 (2006 & Supp. II 2008).”
Elec. Privacy Info. Ctr. v. Dep't of Just. (D.D.C. 2017). “In short, EPIC submitted a FOIA request to DOJ on October 3, 2013, seeking certain records that pertain to the United States government’s prior surreptitious use of PR/TT devices under the Foreign Intelligence Surveillance Act (“FISA”), 50 U.S.C. §§ 1841–46: 1. All reports made…”
Legal Issues Relating to the Testing, Use, & Deployment of an Intrusion-detection Sys. (EINSTEIN 2.0) to Protect Unclassified Comput. Networks in the Exec. Branch (OLC 2009). “See 50 U.S.C. § 1841 (2). 34 Legal Issues Relating to the Testing, Use, and Deployment of Einstein 2.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.