§3125 Emergency Pen Register and Trap and Trace Device Installation

Summary

Allows certain law officers, chosen by top Justice Department officials or by a state prosecutor under state law, to install and use a pen register or trap and trace device in an emergency. The officer must reasonably decide that an emergency exists involving immediate danger of death or serious injury, organized-crime conspiracies, an immediate threat to national security, or an ongoing attack on a "protected computer" that is a crime punishable by more than one year in prison. They must also believe a court order could be gotten under this law but not in time. A court order approving the installation must be obtained under section 3123 within 48 hours. If there is no order, use must stop as soon as the needed information is found, the order request is denied, or 48 hours pass, whichever comes first. Knowingly not applying for the order within 48 hours is a violation. People or companies who help must be paid reasonable expenses.