Page:United States Statutes at Large Volume 115 Part 1.djvu/311

 PUBLIC LAW 107-56—OCT. 26, 2001 115 STAT. 289 has certified to the court that the information Ukely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order, upon service of that order, shall apply to any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate the execution of the order. Whenever such an order is served on any person or entity not specifically named in the order, upon request of such person or entity, the attorney for the Government or law enforcement or investigative officer that is serving the order shall provide written or electronic certification that the order applies to the person or entity being served. " (2) STATE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER.— Upon an application made under section 3122(a)(2), the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court, if the court finds that the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. "(3)(A) Where the law enforcement agency implementing an ex parte order under this subsection seeks to do so by installing and using its own pen register or trap and trace device on a packet-switched data network of a provider of electronic communication service to the public, the agency shall ensure that a record will be maintained which will identify— "(i) any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network; "(ii) the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information; "(iii) the configuration of the device at the time of its installation and any subsequent modification thereof; and "(iv) any information which has been collected by the 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. "(B) The record maintained under subparagraph (A) shall be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order (including any extensions thereof).". (2) CONTENTS OF ORDER.—Section 3123(b)(1) of title 18, United States Code, is amended— (A) in subparagraph (A)— (i) by inserting "or other facility" after "telephone line"; and (ii) by inserting before the semicolon at the end "or applied"; and (B) by striking subparagraph (C) and inserting the following:

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