The Pen Register and Trap and Trace Statute

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The Pen Register and Trap and Trace Statute governs real-time monitoring of transmission information.

• transmission information includes headers, logs, network routing, and other transmission data
• does not apply to communications content

Note

Pen register devices monitor outgoing transmission data. They record dialing, routing, signaling, or address information.

Trap and trace devices monitor the communications of incoming transmission data. They capture incoming electronic signals that identify the origin of a communication.

Overview

• no one is allowed to use pen register or trap and trace devices to intercept electronic communications transmission dat

Exceptions

• allows law enforcement to install pen register or trap and trace devices if they have a court order to do so

Private Entities

• may use pen register or trap and trace devices:
  • if necessary to operate, maintain, test, or protect its communication services
  • to protect the entity from fraudulent, unlawful, or abusive use of service
  • the user of the electronic communications service consents