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A Trap and Trace Order records the telephone numbers of telephones that are used to place calls to a particular phone.
They found it in what the document nebulously refers to as a Pen Register/Trap and Trace Order – a reference to devices traditionally used by surveillance officials to record the incoming and outgoing calls made and received by a telephone.
According to the complaint, investigators started tracking the pair's messages and phone calls in early August using a surveillance device known as a pen register and a "trap and trace" order.
Note that Trap and Trace Orders do fall under Title III because the information gathered by a Trap and Trace Order us not collected in the ordinary course of business.
When the police could not locate him, a detective got his cell number from a confidential informant and asked a judge for a "PEN register" or "trap and trace order", a kind of court order which is not a warrant and doesn't face the same legal requirements regarding probable cause.
An internal NSA draft history, first reported by the Guardian, noted that the program paused in March 2004, while the White House quelled the secret rebellion, but resumed in July after then NSA director Michael Hayden sought to reassure Kollar-Kotelly, who "signed the first" so-called Pen Register/Trap and Trace Order on 14 July 2004.
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Title III of the Omnibus Crime Control and Safe Streets Act of 1968 dictates requirements for Trap and Trace Orders.
The applications for what are known as pen register and trap and trace orders do not allow law enforcement to access the contents of conversations.
They were almost equally divided between "pen register" data, which captures outgoing phone numbers, and "trap and trace" orders, which refer to incoming phone numbers, which means one phone could have two separate orders associated with it.
Note that this is more information than is gathered by a Pen Register or Trap and Trace Orders – neither of these intercept content - rather, they simply collect numbers dialed/received.
At work here are so-called 'pen register,' and 'trap and trace' orders, under the legal authority of which metadata can be collected in real-time.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com