--- title: "18 U.S.C. 3122 ECPA: Application for an order for a pen register or a trap and trace device" canonical: "https://dposchool.com/ecpa/section/3122" source: "https://uscode.house.gov/us/usc/119-136/t18/s3122/" source_note: "Source: United States Code, title 18, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 18, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 18, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced." text_as_of: "2026-10-22" language: "en" publisher: "DPO School" --- 18 U.S.C. 3122 ECPA · Chapter 206: PEN REGISTERS AND TRAP AND TRACE DEVICES # 18 U.S.C. 3122 ECPA: Application for an order for a pen register or a trap and trace device United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026. ## Official text ### 18 U.S.C. 3122(a) **(a)** Application.⁠—(1) An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction. ### 18 U.S.C. 3122(2) **(2)** Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State. ### 18 U.S.C. 3122(b) **(b)** Contents of Application.⁠—An application under subsection (a) of this section shall include⁠— #### 18 U.S.C. 3122(b)(1) **(1)** the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and #### 18 U.S.C. 3122(b)(2) **(2)** a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency. ## Source Source: United States Code, title 18, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source credit: (Added Pub. L. 99-508, title III, § 301(a) , Oct. 21, 1986 , 100 Stat. 1869 .) [18 U.S.C. 3122 on the Office of the Law Revision Counsel](https://uscode.house.gov/us/usc/119-136/t18/s3122/) United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [ECPA Navigator](https://dposchool.com/ecpa) / 18 U.S.C. 3122 Previous: [18 U.S.C. 3121 ECPA: General prohibition on pen register and trap and trace device use; exception](https://dposchool.com/ecpa/section/3121) Next: [18 U.S.C. 3123 ECPA: Issuance of an order for a pen register or a trap and trace device](https://dposchool.com/ecpa/section/3123) ## For AI agents - Machine-readable index: https://dposchool.com/ecpa/llms.txt - JSON API: https://dposchool.com/ecpa/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents