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How are pen registers different from trap-and-trace devices?
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USA PATRIOT Act
Pres. George W. Bush signing the USA PATRIOT Act in the East Room of the White House, Washington, D.C., October 26, 2001.
Under the USA PATRIOT Act, pen registers and trap-and-trace devices are both used to monitor electronic communications, but they track different information regarding the flow of data:
- Pen registers record the destination of communications made from a particular telephone or device.
- Trap-and-trace devices record the source of communications made to a particular telephone or device.
Section 216 of the act permitted the use of these tools to monitor electronic communications, including e-mail and Web browsing. Notably, court orders for this type of surveillance do not require a showing of probable cause; instead, the government must only certify that the information sought is likely to be relevant to a criminal investigation.1