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requires probable cause), In re Application for Pen Register and
If the constitutionality of the NSA's bulk data seizure programs is to be justified as akin to a pen register under Smith, however, then these programs amount to installing a pen register on every American without any suspicion that a person, whose phone activities are now stored on the NSA's supercomputers, has done anything wrong.
the pen register, the police determined that the defendant had indeed
Maryland (164) held that the installation and use of a pen register did not constitute a "search" within the meaning of the Fourth Amendment, Congress passed Title III of the ECPA, the Pen Register and Trap and Trace Devices Statute, which provided protection from the use of such devices.
Because the government's application also sought permission to conduct pen register, as well as trap and trace, operations, the court held that "[i]n fairness .
43) This exploration, not surprisingly, led the court to conclude that section 23 "clearly applie[d]" to pen register cases.
Like a pen register, a "trap and trace" telephone monitoring device is attached to the telephone line of an individual who is being monitored.
The proposed legislation explicitly states that the legislation does not enlarge or reduce the government's authority to lawfully intercept the content of communications or install or use pen register or trap and trace devices pursuant to court authorization.
cover physical searches, (163) pen register and trap and trace devices,
42) Upon certification by a law enforcement officer that pen register or trap-and-trace information is "relevant" to an ongoing criminal investigation, a magistrate must order a provider to disclose it.
36) Prior to the USA PATRIOT Act, pen register and trap and trace orders required showing that there was relevance to an investigation and that there was reason to believe that the targeted line was being used by an agent of a foreign power or someone in communication with such an agent under certain circumstances.