18 U.S.C. § 3124 — Assistance in installation and use of a pen register or a trap and trace device

submitted 40 years ago by Pub. L. 99-508 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 564 words · no verdicts yet

in plain englishAI-generated · not legal advice

Phone and internet providers must help law enforcement install pen registers and trap-and-trace devices under court order. Providers get paid and are protected from lawsuits for complying in good faith. Orders may also enforce federal wiretap-assistance requirements.

This section requires phone and internet providers to help law enforcement install surveillance tools, in exchange for legal protection. (a) Pen Registers. If a court orders it under section 3123(b)(2), a provider, landlord, custodian, or other person must help install a pen register. They must give law enforcement all needed information, facilities, and technical help. The installation must happen quietly, with as little disruption as possible to normal service. (b) Trap and Trace Device. Under a similar court order, a provider must install a trap and trace device and give the same kind of help. Results generally go to the officer named in the order, at reasonable intervals during business hours, for as long as the order lasts. (c) Compensation. A provider that furnishes facilities or assistance under this section must be reasonably paid for its reasonable expenses. (d) No Cause of Action. No one can sue a provider, or its officers, employees, or agents, for giving assistance under this chapter. This protects assistance given under a valid court order, a section 3125 request, or a certified foreign-government order under section 2523. (e) Defense. Good-faith reliance on a court order, a section 3125 request, or a legislative or statutory authorization is a complete defense. The same protection applies to a good-faith, certified foreign-government order, in any civil or criminal case. (f) Communications Assistance Enforcement Orders. Under section 2522, a court may issue an order enforcing the technical assistance requirements of the Communications Assistance for Law Enforcement Act.

facts

- Codified at 18 U.S.C. § 3124, titled "Assistance in installation and use of a pen register or a trap and trace device," containing six subsections (a)–(f). - Originally enacted by Pub. L. 99–508, title III, § 301(a), on October 21, 1986 (100 Stat. 1870). - The statute has been amended six times, most recently by Pub. L. 115–141, div. V, § 104(3)(B), on March 23, 2018. - The provision comprises 564 words and includes six distinct source-credit references spanning from 1986 to 2018. - Earlier amendments were made by Pub. L. 100–690 (1988), Pub. L. 101–647 (1990), Pub. L. 103–414 (1994), and Pub. L. 107–56 (2001).

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (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.)

history & why it existsrecord from the source credit

1986Enacted · Pub. L. 99-508 · 100 Stat. 1870
1988Amended · Pub. L. 100-690 · 102 Stat. 4399, 4411
1990Amended · Pub. L. 101-647 · 104 Stat. 4929
1994Amended · Pub. L. 103-414 · 108 Stat. 4290
2001Amended · Pub. L. 107-56 · 115 Stat. 290
2018Amended · Pub. L. 115-141 · 132 Stat. 1217

The record shows that this section was added by Public Law 99–508, title III, § 301(a), enacted October 21, 1986, and codified at 100 Stat. 1870. The source credit indicates that the provision has since been amended six times: by Public Law 100–690 in 1988, Public Law 101–647 in 1990, Public Law 103–414 in 1994, Public Law 107–56 in 2001, and Public Law 115–141 in 2018. These successive amendments reflect ongoing legislative attention to the section over more than three decades. Public Law 99–508 is commonly known as the Electronic Communications Privacy Act of 1986. This act is generally understood to have updated federal wiretap and surveillance law to account for new forms of electronic communication, including pen registers and trap and trace devices, which had not been squarely addressed by earlier statutes. The broader purpose commonly attributed to the 1986 Act was to balance law enforcement's investigative needs with privacy protections as communications technology evolved. The record does not establish the specific legislative intent behind this particular section's compensation, immunity, and assistance provisions, nor does it document the precise reasoning behind each subsequent amendment, including the 2001 changes enacted shortly after Public Law 107–56 (commonly known as the USA PATRIOT Act) or the 2018 amendment. Readers seeking that level of detail should consult the underlying legislative history directly, as this note does not speculate beyond what the source credit and general historical understanding support.

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