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Topic: Pen register


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In the News (Tue 14 Feb 12)

  
  Pen register Information
A pen register is an electronic device that records all numbers dialed from a particular telephone line.
A pen register is similar to a trap and trace device.
While not completely compatible with the technical definition of a pen register device, this was the interpretation that had been used by almost all courts and law enforcement agencies prior to the change.
www.bookrags.com /wiki/Pen_register   (1011 words)

  
  Pen register - Wikipedia, the free encyclopedia
A pen register is an electronic device that records all numbers dialed from a particular telephone line.
This is the current definition of a Pen Register, as amended by passage of the 2001 USA PATRIOT Act.
A pen register is similar to a trap and trace device.
en.wikipedia.org /wiki/Pen_register   (1040 words)

  
 OSCN Found Document:SMITH v. MARYLAND, 442 U.S. 735 (1979)
The pen register tape (evidencing the fact that a phone call had been made from petitioner's phone to McDonough's phone) and the phone book seized in the search of petitioner's residence were admitted into evidence against him.
Pen registers are regularly employed "to determine whether a home phone is being used to conduct a business, to check for a defective dial, or to check for overbilling." Note, The Legal Constraints upon the Use of the Pen Register as a Law Enforcement Tool, 60 Cornell L. Rev. 1028, 1029 (1975) (footnotes omitted).
A pen register is "usually installed at a central telephone facility [and] records on a paper tape all numbers dialed from [the] line" to which it is attached.
www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=430932   (4638 words)

  
 Amending the Pen Register and Trap and Trace Statute
Pen registers are surveillance devices that capture the phone numbers dialed on outgoing telephone calls; trap and trace devices capture the numbers identifying incoming calls.
Before the geographic reach of pen register and trap and trace orders is expanded, the privacy standards in the current law should be updated: some real substance should be put into the standard for issuing those orders and the scope of information they collect should be carefully limited.
It would amend the definition of pen register devices to include "dialing, routing, addressing, or signalling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted." This completely looses the current sense of the statute, which is limited to information identifying the destination of a communication.
www.cdt.org /security/000404amending.shtml   (2519 words)

  
 Montana SB 8
(1) "Pen register" means a device that records or decodes electronic or other impulses that identify a number dialed or otherwise transmitted on a telephone line to which the pen register is attached.
Subsection (2) may not be construed to permit a law enforcement agent to operate a pen register or trap and trace device without a court order obtained under [section 3].
The use of a pen register or trap and trace device that has the ability to record conversations is prohibited.
data.opi.state.mt.us /bills/billhtml/SB0008.htm   (1026 words)

  
 United States v. New York Telephone Co., 434 U.S. 159 (1977) - U.S. Supreme Court -
Pen registers do not "intercept" because they do not acquire the "contents" of communications, as that term is defined by 18 U.S.C. (8).[Footnote 11] Indeed, a law enforcement official could not even determine from the use of a pen register whether a communication existed.
It is clear that Congress did not view pen registers as posing a threat to privacy of the same dimension as the interception of oral communications and did not intend to impose Title III restrictions upon their use.
I agree that the use of pen registers is not governed by the requirements of Title III and that the District Court had authority to issue the order authorizing installation of the pen register, and so join Parts I, II, and III of the Court's opinion.
www.vlex.us /caselaw/U-S-Supreme-Court/United-States-v-New-York-Telephone-Co-434-U-S-159-1977/2100-19983889,01.html   (9145 words)

  
 Bradley J. Bennett, Smith Meets the Patriot
Pen registers were traditionally mechanical devices installed on telephone networks that monitor telephone numbers dialed by a specific target.
Assuming, however, that Carnivore is a pen register under the statutes, it is arguably not a pen register under the holding of Smith.
Thus, it is imperative on Congress to reign in the scope of pen register interception by enacting narrow definitions of "addressing" and "routing." In the end, however, it may be necessary for the Supreme Court to revisit Smith in the context of an Internet world to determine where exactly those boundaries lie.
www.uiowa.edu /~cyberlaw/cls02/bbennet1.html   (4776 words)

  
 6 Va. J.L. & Tech. 4
Corn-Revere, the federal government, in court papers, asserted that the Pen Register Statutes allow law enforcement access to the “conceptual equivalent of a telephone number” and that, even though e-mail addresses “are commonly referred to by names...
The traditional pen register was, to a large extent, self‑regulating.
Relevant Pen Register or Trap and Trace information may be located in different layers of the protocol depending on the specific service used and the application of the packet...
www.vjolt.net /vol6/issue1/v6i1a04-Taylor.html   (5775 words)

  
 Intellectual Property Professional Information Center: Senate Brings Carnivore Under Pen Register, Trap-and-Trace ...   (Site not responding. Last check: 2007-10-22)
The government's argument is premised on the disputed assumption that Carnivore gathers only packet addressing information--similar to information gathered by pen registers (telephone numbers dialed) and trap-and-trace devices (telephone number from which incoming call originated)--and not the contents of a digital message.
In addition to including digital communications within the federal pen register and trap-and-trace law, the measure would also add terrorism offenses and felony violations of the Computer Fraud and Abuse Act, 18 U.S.C. §1030, to the list of offenses for which electronic surveillance is authorized by law.
Hatch stressed to Congress during floor debate that law enforcement needs the new pen register and trap and trace authority immediately, and that it is something the FBI has been asking his committee for during the past several years.
ipcenter.bna.com /pic2/ip.nsf/id/BNAP-538N7H?OpenDocument&...   (1108 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
This case presents the question whether the installation and use of a pen register 1 constitutes a "search" within the meaning of the Fourth Amendment, 2 made applicable to the States through the Fourteenth Amendment.
Co., 434 U.S. Given a pen register's limited capabilities, therefore, petitioner's argument that its installation and use constituted a "search" necessarily rests upon a claim that he had a "legitimate expectation of privacy" regarding the numbers he dialed on his phone.
Co., 434 U.S. -167, that under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. 2510-2520, pen registers are not considered "interceptions" because "they do not acquire the `contents' of communications," as that term is defined by Congress.
caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=442&invol=735   (4752 words)

  
 RCW 9.73.260: Pen registers, trap and trace devices.
RCW 9.73.260: Pen registers, trap and trace devices.
An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days.
The knowing installation or use by any law enforcement officer of a pen register or trap and trace device pursuant to this subsection without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter and be punishable as a gross misdemeanor.
apps.leg.wa.gov /RCW/default.aspx?cite=9.73.260   (935 words)

  
 [No title]
General prohibition on pen register and trap and trace device use; exception.
Assistance in installation and use of a pen register or a trap and trace device.
To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device.
uscode.house.gov /download/pls/18C206.txt   (1668 words)

  
 Format Document   (Site not responding. Last check: 2007-10-22)
The identity, if known, of the subscriber of the communication service or telephone line to which the pen register or trap and trace device is to be attached or applied.
That, on the request of the applicant, the communication service provider shall furnish information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device and to identify subscribers of any communication facility or telephone number obtained by operation of such device.
C. An order that is issued under this section authorizes the installation and use of a pen register or trap and trace device for a period of not to exceed sixty days.
www.azleg.state.az.us /FormatDocument.asp?inDoc=/ars/13/03017.htm&Title=13&DocType=ARS   (349 words)

  
 Courts rule on tracking suspects by chasing their cell phone signals Daily Record and the Kansas City Daily News-Press ...
The government argues that pen registers, which allow the government to record the outgoing numbers dialed on a phone, and trap and trace devices, which allow incoming calls to be catalogued, should be granted upon certification that the information is relevant to an investigation.
Pen registers originally referred to the technology used to document incoming phone calls, Swire explained.
On old dial phones, the pen register was a mechanical device that would count the clicks when the phone would count backwards after a number was dialed - if it clicked five times, then someone had dialed a five, he described.
www.findarticles.com /p/articles/mi_qn4181/is_20051210/ai_n15920838   (873 words)

  
 New York Court Okays Warrantless Pen Register Surveillance
A "reasonable suspicion" is now sufficient for pen register surveillance to be initiated.
It was the potential for abuse of these "dual-feature" pen registers that prompted the New York court's 1993 decision in People v.
Consequently, the Court refused to suppress pen register evidence against Martello gathered by police from 1990 to 1992.
www.refuseandresist.org /resist_this/071799penregister.html   (295 words)

  
 [No title]
At present, the pen register and trap and trace functions are, while not the most controversial and potentially invasive aspects of Carnivore, at least the most legally contestable of its uses.
Part III elaborates on the statutory and constitutional authority for pen register and trap and trace devices [hereinafter pen registers[18]] in the traditional telephone context, as well as the legal requirements for obtaining a court order to install such a device.
While the FBI views telephone and Internet pen registers as clearly analogous, and subject to the same laws[49], others argue that the FBI lacks legal authority to capture e-mail addressing information in particular, as it is more revealing than the numbers dialed on a telephone.
www.mttlr.org /html/ShortNotes/tonyOrr_art.html   (4932 words)

  
 American Civil Liberties Union : Letter to Rep. Conyers and Hyde on the Electronic Communications Privacy Act
Under current law, a court is empowered to issue a pen register or trap and trace order only within the jurisdiction of the court, and only to obtain numbers dialed.
First, it is not at all clear that the pen register statute, which allows for disclosure to law enforcement based on a showing of less than probable cause, is appropriate for electronic communications such as e-mail addresses.
Currently, law enforcement is entitled to place an "emergency" pen register or trap and trace device in connection with a criminal investigation whenever there is an emergency that involves an immediate danger of serious bodily injury to a person or conspiratorial activities characteristic of organized crime.
www.aclu.org /privacy/internet/14841leg20000918.html   (3889 words)

  
 PEN - Practice-Based Evidence in Nutrition
PEN is a dynamic service designed as a series of knowledge pathways, each focusing on a topic from the diverse practice of dietetics.
PEN users should ensure that they are referring to the most recent version available.
The PEN web site may also contain information which is copyrighted by others; multiple copies of these documents may not be reproduced without the prior written permission of the copyright holder.
www.dieteticsatwork.com /pen   (231 words)

  
 [No title]
pen registers, and trap and trace devices, representing a portion of the maximum capacity that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously by the date that is 4 years after the date of enactment of the CALEA'' (CALEA, section 104(a)(1)(A)).
Maximum Capacity--``notice of the maximum capacity required to accommodate all of the communication interceptions, pen registers, and trap and trace devices that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously after the date that is 4 years after of enactment of the CALEA'' (CALEA, section 104(a)(1)(B)).
Furthermore, all telecommunications carriers shall ensure capabilities exist to expeditiously accommodate any increase in the actual number of pen register, trap and trace, and communication interceptions that authorized agencies may seek to conduct and use, up to the maximum capacity requirement.
www.epic.org /privacy/wiretap/calea/calea_notice_10_95.txt   (1916 words)

  
 Mattox Opinion No. JM-1073   (Site not responding. Last check: 2007-10-22)
We emphasize again, however, that even if a device is a pen register, its use is permissible if the use "is a necessary incident to the rendition of service or to the protection of property of or services provided by the enterprise" and is not used for law enforcement or private investigative purposes.
Regardless of whether a device is a pen register, however, the use of the device to protect state property by recording the origin of incoming communications as well as outgoing numbers called in order to prevent the public from paying for private calls is permissible under article 16.03(d) of the Penal Code.
Regardless of whether a device is a pen register, the use of such a device to protect state property by recording the origin of incoming communications as well as outgoing numbers called in order to prevent the public from paying for private calls is permissible under article 16.03(d) of the Penal Code.
www.oag.state.tx.us /opinions/op47mattox/jm-1073.htm   (375 words)

  
 NSA Telephone Call Database Violates the Law | Democrats.com
What they are doing with their database constitutes, in effect, the most massive use of a pen register ever conceived.
A pen register is a device that logs calls from, and sometimes to, a phone.
While the standard of evidence required for a pen register warrant is less than for a wiretap, the law does impose restrictions on the grant of such orders.
democrats.com /node/8910   (332 words)

  
 mercer.pen > Register
Note: If you're a Registered User and you'd like to upgrade to mercer.pen Member status, log into mercer.pen, and click on Personal Settings in the green horizontal bar across the top of the page.
From there, click on "Change your membership status." Click the checkbox that says "Please upgrade my membership status from Registered User to Member" and enter in the name of your Mercer contact.
Registered Office: 1 Tower Place West, Tower Place, London EC3R 5BU.
www.mercerdotpen.co.uk /register.asp   (450 words)

  
 18 USC S. 3121 Pen Registers
General prohibition on pen register and trap and trace device use; exception (a) In general.
Assistance in installation and use of a pen register or a trap and trace device (a) Pen registers.
Reports concerning pen registers and trap and trace devices The Attorney General shall annually report to Congress on the number of pen register orders and orders for trap and trace devices applied for by law enforcement agencies of the Department of Justice.
www.tscm.com /penreglaw.html   (620 words)

  
 TLJ Daily E-Mail Alert No. 269, September 17, 2001.
SA 1562, approved by the Senate on September 13, expands law enforcement authority with respect to the use of trap and trace devices and pen registers.
The ease of obtaining pen register and trap and trace orders is based on the assumption that only phone numbers, rather than the content of conversations, is being obtained.
It focuses on the wiretap, pen register, and trap and trace provisions of Senate Amendment 1562.
www.techlawjournal.com /alert/2001/09/17.asp   (1227 words)

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