Sec. 216. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES

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## SEC. 216 MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES ###

(a)General Limitations Section 3121(c) of title 18, United States Code, is amended— ####

(1)by inserting “or trap and trace device” after “pen register”; ####

(2)by inserting “, routing, addressing,” after “dialing”; and ####

(3)by striking “call processing” and inserting “the processing and transmitting of wire or electronic communications so as not to include the contents of any wire or electronic communications”. ###

(b)Issuance of Orders ####

(1)In general Section 3123(a) of title 18, United States Code, is amended to read as follows: > > ### “(a) In General > > > #### “(1) Attorney for the government > > Upon an application made under section 3122(a)(1), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order, upon service of that order, shall apply to any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate the execution of the order. Whenever such an order is served on any person or entity not specifically named in the order, upon request of such person or entity, the attorney for the Government or law enforcement or investigative officer that is serving the order shall provide written or electronic certification that the order applies to the person or entity being served. > > > #### “(2) State investigative or law enforcement officer > > Upon an application made under section 3122(a)(2), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court, if the court finds that 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. > > > #### “(3) > > > #####

(A)> > Where the law enforcement agency implementing an ex parte order under this subsection seeks to do so by installing and using its own pen register or trap and trace device on a packet-switched data network of a provider of electronic communication service to the public, the agency shall ensure that a record will be maintained which will identify— > > > ###### “(i) > > any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network; > > > ###### “(ii) > > the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information; > > > ###### “(iii) > > the configuration of the device at the time of its installation and any subsequent modification thereof; and > > > ###### “(iv) > > any information which has been collected by the device. > > To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device. > > > ##### “(B) > > The record maintained under subparagraph

(A)shall be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order (including any extensions thereof).” > . ####

(2)Contents of order Section 3123(b)(1) of title 18, United States Code, is amended— #####

(A)in subparagraph (A)— ######

(i)by inserting “or other facility” after “telephone line”; and ######

(ii)by inserting before the semicolon at the end “or applied”; and #####

(B)by striking subparagraph

(C)and inserting the following: > > ##### “(C) > > the attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device under subsection (a)(2), the geographic limits of the order; and” > . ####

(3)Nondisclosure requirements Section 3123(d)(2) of title 18, United States Code, is amended— #####

(A)by inserting “or other facility” after “the line”; and #####

(B)by striking “, or who has been ordered by the court” and inserting “or applied, or who is obligated by the order”. ###

(c)Definitions ####

(1)Court of competent jurisdiction Section 3127(2) of title 18, United States Code, is amended by striking subparagraph

(A)and inserting the following: > > ##### “(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” > . ####

(2)Pen register Section 3127(3) of title 18, United States Code, is amended— #####

(A)by striking “electronic or other impulses” and all that follows through “is attached” and inserting “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”; and #####

(B)by inserting “or process” after “device” each place it appears. ####

(3)Trap and trace device Section 3127(4) of title 18, United States Code, is amended— #####

(A)by striking “of an instrument” and all that follows through the semicolon and inserting “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;”; and #####

(B)by inserting “or process” after “a device”. ####

(4)Conforming amendment Section 3127(1) of title 18, United States Code, is amended— #####

(A)by striking “and”; and #####

(B)by inserting ``, and `contents''' after ``electronic communication service''. ####

(5)Technical amendment Section 3124(d) of title 18, United States Code, is amended by striking “the terms of”. ####

(6)Conforming amendment Section 3124(b) of title 18, United States Code, is amended by inserting “or other facility” after “the appropriate line”.