Page:United States Statutes at Large Volume 112 Part 3.djvu/576

 112 STAT. 2406 PUBLIC LAW 105-272—OCT. 20, 1998 "(3) information which demonstrates that there is reason to believe that the telephone line to which the pen tegister or trap and trace device is to be attached, or the communication instrument or device to be covered by the pen register or trap and trace device, has been or is about to be used in communication with— " (A) an individual who is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States; or "(B) a foreign power or agent of a foreign power under circumstances giving reason to believe that the communication concerns or concerned international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal laws of the United States. "(d)(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the installation and use of a pen register or trap and trace device if the judge finds that the application satisfies the requirements of this section. "(2) An order issued under this section— " (A) shall specify— "(i) the identity, if known, of the person who is the subject of the foreign intelligence or international terrorism investigation; "(ii) in the case of an application for the installation and use of a pen register or trap and trace device with respect to a telephone line— "(I) the identity, if known, of the person to whom is leased or in whose name the telephone line is listed; and "(II) the number and, if known, physical location of the telephone line; and "(iii) in the case of an application for the use of a pen register or trap and trace device with respect to a communication instrument or device not covered by clause (ii)- "(I) the identity, if known, of the person who owns or leases the instrument or device or in whose name the instrument or device is listed; and "(II) the number of the instrument or device; and "(B) shall direct that— "(i) upon request of the applicant, the provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish any information, facilities, or technical assistance necessary to accomplish the installation and operation of the pen register or trap and trace device in such a manner as will protect its secrecy and produce a minimum amount of interference with the services that such provider, landlord, custodian, or other person is providing the person concerned; "(ii) such provider, landlord, custodian, or other person— "(I) shall not disclose the existence of the investigation or of the pen register or trap and trace device to any person unless or until ordered by the court; and

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