18-U.S.C.-3127
§3127 – Definitions For Chapter
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Title 18 > Part II > Chapter 206 > Section 3127
Details
- Reference: Section 3127
- Legend: §3127 – Definitions For Chapter
- USCode Year: 2013
Provision Content
As used in this chapter—
(1) the terms wire communication, electronic communication, electronic communication service, and contents have the meanings set forth for such terms in section 2510 of this title;
(2) the term court of competent jurisdiction means—
(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that—
(i) has jurisdiction over the offense being investigated;
(ii) is in or for a district in which the provider of a wire or electronic communication service is located;
(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located; or
(iv) is acting on a request for foreign assistance pursuant to section 3512 of this title; or
(B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device;
(3) the term pen register means a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, however, that such information shall not include the contents of any communication, but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(4) the term trap and trace device means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided, however, that such information shall not include the contents of any communication;
(5) the term attorney for the Government has the meaning given such term for the purposes of the Federal Rules of Criminal Procedure; and
(6) the term State means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the United States.
(Added Pub. L. 99–508, title III, §301(a), Oct. 21, 1986, 100 Stat. 1871, §3126; renumbered §3127, Pub. L. 100–690, title VII, §7092(a)(1), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 107–56, title II, §216(c)(1)–(4), Oct. 26, 2001, 115 Stat. 290; Pub. L. 111–79, §2(3), Oct. 19, 2009, 123 Stat. 2087.)
References in Text
The Federal Rules of Criminal Procedure, referred to in par. (5), are set out in the Appendix to this title.
Amendments
2009—Par. (2)(A). Pub. L. 111–79 substituted that— and cls. (i) to (iv) for having jurisdiction over the offense being investigated; or.
2001—Par. (1). Pub. L. 107–56, §216(c)(4), struck out and after ’electronic communication’, and inserted , and ‘contents’ after ’electronic communication service’ .
Par. (2)(A). Pub. L. 107–56, §216(c)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: a district court of the United States (including a magistrate judge of such a court) or a United States Court of Appeals; or.
Par. (3). Pub. L. 107–56, §216(c)(2), substituted dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, however, that such information shall not include the contents of any communication for electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached and inserted or process after device wherever appearing.
Par. (4). Pub. L. 107–56, §216(c)(3), inserted or process after means a device and substituted or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided, however, that such information shall not include the contents of any communication; for of an instrument or device from which a wire or electronic communication was transmitted;.
1988—Pub. L. 100–690 renumbered section 3126 of this title as this section.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-3113 in the Legal Encyclopedia: Criminal Procedure
In this entry about 18-U.S.C.-3113, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.
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