§3125 Emergency pen register and trap and trace device installation

Summary

Allows a specially designated law enforcement officer (chosen by top federal prosecutors or by a state prosecutor under state law) to install and use a pen register or trap-and-trace device without a court order in an emergency. The officer must reasonably believe there is an immediate danger of death or serious injury, organized-crime conspiracies, an immediate national security threat, or an ongoing attack on a protected computer that is a crime punishable by more than one year in prison, and must believe the situation would otherwise qualify for a court order under this law. If there is no court order, the use must stop as soon as the needed information is got, a court denies the order, or 48 hours pass after installation — whichever happens first. If an officer knowingly uses one and does not apply for the court order within 48 hours, that is a violation. Any service provider, landlord, or other person who helps must be paid reasonably for their expenses.