Privacy Law Library

Electronic Communications Privacy Act, Title III (Pen Register and Trap and Trace Devices)

Pen Register Act

Communications

The Pen Register Act bars installing or using devices that capture non-content routing and addressing information (such as numbers dialed or email headers) without a court order, subject to provider exceptions. It is primarily a limit on government surveillance but also reaches private parties.

Where
Federal
Citation
18 U.S.C. 3121-3127
Status
In force
In force since
1987-01-19
Last amended
2018-03-23
Enforced by
U.S. Department of Justice
People can sue
No
Penalties
Knowing violation is a misdemeanor punishable by fine and up to one year in prison.
Applies to
  • Any person installing or using a pen register or trap and trace device (dialing, routing, addressing, and signaling information)
  • Providers of wire or electronic communication services

Practices it requires

  • Do not install or use a pen register or trap and trace device without a court order, except for listed provider purposes or with user consent.18 U.S.C. 3121(a)-(b)
  • Providers assisting under an order must not disclose the existence of the device or investigation unless the court orders otherwise.18 U.S.C. 3123(d)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.