18 USC 3123(d)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 18 USC 3123(d) | status: Basic | banner: CUI.
- DoD authority row: 18 USC 3123(d). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 18 USC 3123(d) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 654 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3122
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to devices used to identify incoming and outgoing telephone numbers.
- DoD category scope used with this authority: Related to devices used to identify incoming and outgoing telephone numbers.
- 18 USC 3123(d) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to devices used to identify incoming and outgoing telephone numbers.
- Extracted authority condition: (3)(A) Where the law enforcement agency im- plementing an ex parte order under this sub- section 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 pro- vider of electronic communication service to the public, the agency shall ensure that a record will be maintained which will iden- tify— (i) any officer or officers who installed the device and any officer or officers who ac- cessed the device to obtain information from the network; (ii) the date and time the device was in- stalled, 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 col- lected by the device.
- Extracted authority condition: 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.
- Extracted authority condition: (2) S TATE INVESTIGATIVE OR LAW ENFORCE- MENT 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 de- vice 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 on- going criminal investigation.
- Extracted authority condition: Assistance in installation and use of a pen register or a trap and trace device (a) P ENREGISTERS.—Upon the request of an at- torney 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 fur- nish such investigative or law enforcement offi- cer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtru- sively 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 pro- vided in section 3123(b)(2) of this title.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 18 USC 3123(d) | status: Basic | banner: CUI
- Nara banner markings: CUI
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Assistance in installation and use of a pen register or a trap and trace device (a) P ENREGISTERS.—Upon the request of an at- torney 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 fur- nish such investigative or law enforcement offi- cer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtru- sively 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 pro- vided in section 3123(b)(2) of this title.
- Extracted authority control: (3)(A) Where the law enforcement agency im- plementing an ex parte order under this sub- section 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 pro- vider of electronic communication service to the public, the agency shall ensure that a record will be maintained which will iden- tify— (i) any officer or officers who installed the device and any officer or officers who ac- cessed the device to obtain information from the network; (ii) the date and time the device was in- stalled, 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 col- lected by the device.
- Extracted authority control: (d) N ONDISCLOSURE OFEXISTENCE OFPENREG- ISTER OR ATRAP ANDTRACEDEVICE.—An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that— (1) the order be sealed until otherwise or- dered by the court; and (2) the person owning or leasing the line or other facility to which the pen register or a trap and trace device is attached or applied, or who is obligated by the order to provide assist- ance to the applicant, not disclose the exist- ence of the pen register or trap and trace de- vice or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
- Extracted authority control: (b) T RAP ANDTRACEDEVICE.—Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to re- ceive 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 enforce- ment officer all additional information, facili- ties and technical assistance including installa- tion 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 in- stallation and use is to take place, if such in- stallation and assistance is directed by a court order as provided in section 3123(b)(2) of this title.
- Extracted authority control: Issuance of an order for a pen register or a trap and trace device (a) I NGENERAL.— (1) ATTORNEY FOR THE GOVERNMENT.—Upon an application made under section 3122(a)(1), the court shall enter an ex parte order author- izing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court finds that the at- torney for the Government has certified to the court that the information likely to be ob- tained by such installation and use is relevant to an ongoing criminal investigation.
- Extracted authority control: (2) S TATE INVESTIGATIVE OR LAW ENFORCE- MENT 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 de- vice 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 on- going criminal investigation.
Authority excerpts
Most relevant extracted authority passageAssistance in installation and use of a pen register or a trap and trace device (a) P ENREGISTERS.—Upon the request of an at- torney 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 fur- nish such investigative or law enforcement offi- cer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtru- sively 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 pro- vided in section 3123(b)(2) of this title.
Extracted authority passage 2(3)(A) Where the law enforcement agency im- plementing an ex parte order under this sub- section 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 pro- vider of electronic communication service to the public, the agency shall ensure that a record will be maintained which will iden- tify— (i) any officer or officers who installed the device and any officer or officers who ac- cessed the device to obtain information from the network; (ii) the date and time the device was in- stalled, 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 col- lected by the device.
Extracted authority passage 3(d) N ONDISCLOSURE OFEXISTENCE OFPENREG- ISTER OR ATRAP ANDTRACEDEVICE.—An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that— (1) the order be sealed until otherwise or- dered by the court; and (2) the person owning or leasing the line or other facility to which the pen register or a trap and trace device is attached or applied, or who is obligated by the order to provide assist- ance to the applicant, not disclose the exist- ence of the pen register or trap and trace de- vice or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
Extracted authority passage 4(b) T RAP ANDTRACEDEVICE.—Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to re- ceive 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 enforce- ment officer all additional information, facili- ties and technical assistance including installa- tion 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 in- stallation and use is to take place, if such in- stallation and assistance is directed by a court order as provided in section 3123(b)(2) of this title.
Extracted authority passage 5To 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.
Extracted authority passage 6(2) S TATE INVESTIGATIVE OR LAW ENFORCE- MENT 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 de- vice 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 on- going criminal investigation.