A trap and trace device captures incoming phone calls to a particular number, similar to a how a

pen register A pen register, or dialed number recorder (DNR), is an electronic device that records all numbers called from a particular telephone line. The term has come to include any device or program that performs similar functions to an original pen regi ...

captures outgoing phone calls.

Description

Title 18 of the

United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...

defines a trap and trace device as follows: : 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 A trap and trace device shows what numbers had called a specific

telephone A telephone is a telecommunications device that permits two or more users to conduct a conversation when they are too far apart to be easily heard directly. A telephone converts sound, typically and most efficiently the human voice, into e ...

—i.e., all ''incoming'' phone numbers. A pen register rather would show what numbers a phone had called, i.e. all ''outgoing'' phone numbers. The two terms are often used in concert, especially in the context of Internet communications. They are often jointly referred to as "Pen Register or Trap and Trace devices" to reflect the fact that the same program will probably do both functions in the modern era, and the distinction is not that important. The term "pen register" is often used to describe both pen registers and trap and trace devices.

Relevance to USA PATRIOT Act

Uses of trap and trace devices are a

sunset provision In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law ...

of the

USA PATRIOT Act The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appro ...

. Prior to the enactment of the USA PATRIOT Act, the

Foreign Intelligence Surveillance Act The Foreign Intelligence Surveillance Act of 1978 ("FISA" , ) is a United States federal law that establishes procedures for the physical and electronic surveillance and the collection of "foreign intelligence information" between "foreign pow ...

was exempt from laws regarding the acquisition of "dialing, routing, addressing, or signaling information, ... provided, however, that such information shall not include the contents of any communication."18 U.S.C. § 3127
– Definitions for chapter Along with giving the government easier access to communications between the sender and receiver, section 214 of PATRIOT ACT eliminated the prerequisite that the government prove that the suspect is, "an agent of foreign power". The use of trap and trace orders are still prohibited for activities that are protected under the First Amendment.

Notes

References

External links

* http://epic.org/privacy/terrorism/usapatriot/sunset.html * https://web.archive.org/web/20090305022104/http://www.usdoj.gov/criminal/cybercrime/PatriotAct.htm Law enforcement equipment Telephony {{telephony-stub