 
                       PART II--CRIMINAL PROCEDURE
 
          CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES
 
Sec. 3121. General prohibition on pen register and trap and 
        trace device use; exception
        
    (a) In General.--Except as provided in this section, no person may 
install or use a pen register or a trap and trace device without first 
obtaining a court order under section 3123 of this title or under the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
    (b) Exception.--The prohibition of subsection (a) does not apply 
with respect to the use of a pen register or a trap and trace device by 
a provider of electronic or wire communication service--
        (1) relating to the operation, maintenance, and testing of a 
    wire or electronic communication service or to the protection of the 
    rights or property of such provider, or to the protection of users 
    of that service from abuse of service or unlawful use of service; or
        (2) to record the fact that a wire or electronic communication 
    was initiated or completed in order to protect such provider, 
    another provider furnishing service toward the completion of the 
    wire communication, or a user of that service, from fraudulent, 
    unlawful or abusive use of service; or (3) where the consent of the 
    user of that service has been obtained.

    (c) Limitation.--A government agency authorized to install and use a 
pen register under this chapter or under State law shall use technology 
reasonably available to it that restricts the recording or decoding of 
electronic or other impulses to the dialing and signaling information 
utilized in call processing.
    (d) Penalty.--Whoever knowingly violates subsection (a) shall be 
fined under this title or imprisoned not more than one year, or both.

(Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat. 
1868; amended Pub. L. 103-414, title II, Sec. 207(b), Oct. 25, 1994, 108 
Stat. 4292.)

                       References in Text

    The Foreign Intelligence Surveillance Act of 1978, referred to in 
subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as 
amended, which is classified principally to chapter 36 (Sec. 1801 et 
seq.) of Title 50, War and National Defense. For complete classification 
of this Act to the Code, see Short Title note set out under section 1801 
of Title 50 and Tables.


                               Amendments

    1994--Subsecs. (c), (d). Pub. L. 103-414 added subsec. (c) and 
redesignated former subsec. (c) as (d).


                             Effective Date

    Section 302 of title III of Pub. L. 99-508 provided that:
    ``(a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title [enacting this chapter and section 
1367 of this title] shall take effect ninety days after the date of the 
enactment of this Act [Oct. 21, 1986] and shall, in the case of conduct 
pursuant to a court order or extension, apply only with respect to court 
orders or extensions made after this title takes effect.
    ``(b) Special Rule for State Authorizations of Interceptions.--Any 
pen register or trap and trace device order or installation which would 
be valid and lawful without regard to the amendments made by this title 
shall be valid and lawful notwithstanding such amendments if such order 
or installation occurs during the period beginning on the date such 
amendments take effect and ending on the earlier of--
        ``(1) the day before the date of the taking effect of changes in 
    State law required in order to make orders or installations under 
    Federal law as amended by this title; or
        ``(2) the date two years after the date of the enactment of this 
    Act [Oct. 21, 1986].''
