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What legal standard was required for electronic surveillance orders under Section 216?
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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 Section 216 of the USA PATRIOT Act, court orders for the use of trap-and-trace devices and pen registers to monitor electronic communications did not require probable cause.
Instead, the legal standard required was a certification by the government that the information sought was likely to be relevant to a criminal investigation.1