CHAPTER 400 -- INVESTIGATIONS

**(400)-170** **[Intercept of Communications]{.underline}**

170.1 [Overview.]{.underline}

This section includes the following information related to the
interception of communications:

-   [Definitions](#Definitions)

-   [Authority](#Authority)

-   [Authorized Users](#AuthorizedUsers)

-   [Evidence](#Evidence)

-   [Consensual Telephone Monitoring](#ConsensualTelMonitoring)

-   [Record of Monitoring](#RecordofMonitoring)

-   [Consensual Non-Telephone Monitoring](#ConsensualNonTelMonitoring)

-   [Title III Intercepts](#Title1Intercepts)

-   [Dialed Number Recorders](#DialedNumRecorders)

-   [Trap and Trace](#TrapAndTrace)

-   [Pager Intercepts](#PagerIntercepts)

-   [Facsimile/Computer Internet Intercepts](#FaxComputerIntercepts)

-   [Cellular Telephone
    Interrogation/Tracking](#CellTelephoneInterrogation)

Due to the sensitive nature and costs associated with the use of
advanced technical investigative techniques, several of the techniques
listed above require appropriate legal approvals and administrative
authorizations. When a case requires the use of such techniques, Special
Agents (SA) must proceed as follows:

-   **Administrative Approval:** SAs will discuss the technique with the
    Special Agent--in-Charge (SAC) or Assistant Special Agent-in-Charge
    (ASAC) and obtain appropriate approvals prior to addressing legal
    issues.

-   **Legal Authority:** SAs must consult with the local Assistant U.S.
    Attorney (AUSA) and obtain a court order, if required. SAs will
    consult with TIGTA Counsel, through the Operations Division, as
    appropriate.

-   **Technical Feasibility:** SAs will contact the Divisional Technical
    Agent (DTA) for technical advice and will coordinate with the DTA
    for assistance in employing the technique once administrative and
    legal issues are resolved.

**Note:** Failure to obtain appropriate legal advice and authority can
result in disciplinary action and/or criminal and/or civil liability.

170.1.1 [Acronyms
Table.](../../acronyms-table/acronyms-table.doc#AcronymsTable)

170.2 []{#Definitions .anchor}[Definitions.]{.underline}

Several terms used in this section have specific meanings. Their
definitions are as follows:

-   "**Agency**" means all of the Executive Branch departments and
    agencies, and specifically includes U.S. Attorney's Offices (USAO)
    which utilize their own investigators, and the Offices of the
    Inspectors General (OIG).

-   The terms "**interception**" and "**monitoring**" mean the aural
    acquisition of oral communications by use of an electronic,
    mechanical, or other device.

-   "**Public official**" means an official of any public entity of
    government, including special districts, as well as all federal,
    state, county, and municipal governmental units.

170.3 []{#Authority .anchor}[Authority.]{.underline}

The Fourth Amendment to the United States Constitution, Title III of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended (18
U.S.C. § 2510, et.seq.), and the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. § 1801, et seq.), permit government agents, acting
with the consent of a party to a communication, to engage in warrantless
monitoring of wire communications and oral, non-wire communications. The
Constitution and federal statutes permit federal agents to engage in
warrantless monitoring of oral, non-wire communications when the
communicating parties have no justifiable expectation of privacy.

[The United States Attorney General's Memorandum, dated May 30,
2002](http://www.usdoj.gov/olp/lawful.pdf), "Procedures for Lawful,
Warrantless Monitoring of Verbal Communications," to the Heads and
Inspectors General of Executive Departments and Agencies, establishes
the procedures for intercepting, overhearing, transmitting, and/or
recording of oral, non-wire communications, with the consent of at least
one of the parties (consensual monitoring).

Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended (18 U.S.C. § 2510, et.seq.), the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. § 1801, et seq.), and [Title 18,
Part I, Chapter
119](http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_119.html),
Wire and Electronic Communications Interception and Interception of Oral
Communications, contain the authority and procedures for nonconsensual
interceptions of wire, oral or electronic communications for aw
enforcement purposes.

170.4 []{#AuthorizedUsers .anchor}[Authorized Users.]{.underline} Only
technically qualified SAs designated as DTAs, Technical Services
Officers (TSO), and Headquarters technical staff are authorized to use,
or direct the use of, sensitive investigative technical equipment.

DTAs and TSOs, where absolutely necessary, may direct other SAs to
install and operate sensitive investigative equipment, such as
electronic surveillance devices, dialed number recorders (DNR), or other
covert investigative aids.

In emergency situations, TIGTA managers may authorize other SAs to
perform this function on a limited basis.

All SAs may install and use induction coils, in-line adapters, or
similar devices to monitor consensual telephone calls.

170.4.1 [Prohibited Uses.]{.underline} Do not use, or allow the use of,
technical investigative equipment without approval as described in this
section.

Monitoring or recording telephone calls with mechanical, electronic or
other devices is prohibited in matters other than criminal
investigations.

TIGTA OI personnel, or persons acting under their direction, may not
permanently install concealed microphones, recording equipment, covert
video cameras, voice transmitters or similar types of equipment inside
or outside any Internal Revenue Service (IRS) office. This prohibition
does not extend to physical security or alarm devices used to protect
IRS property or personnel from harm.

Without the prior consent of at least one of the parties to the
communication (consensual monitoring), the following interceptions are
not permitted:

-   Telephone, including cellular and cordless conversations or other
    electronic signaling or data information which accompany telephone
    service;

-   Individual and group non-telephone conversations;

-   Paging device communications; or

-   Facsimile information.

Non-consensual monitoring of wire communications is prohibited without a
court order, even if SAs do not intend to use the information in any way
or divulge the information outside TIGTA.

SAs must obtain prior approval from a TIGTA OI management official
and/or the DOJ to use mechanical, electronic, or other devices to
overhear, transmit, or record any wire or non-wire communication. TIGTA
OI management officials can only grant permission to SAs to intercept,
record, and transmit wire and non-wire communications. Once
authorization is received, SAs may allow persons working under their
direction to assist.

TIGTA employees who knowingly sanction violations of monitoring
procedures are subject to disciplinary action, including removal from
TIGTA, and criminal or civil prosecution or both. Additionally, SAs may
not be protected from state sanctions, normally afforded to Federal
officials acting within the scope of their employment, if they violate
the interception of communications procedures. The prohibitions and
limitations in using electronic equipment apply equally to IRS personnel
and/or non-employees who are acting at the direction of SAs. SAs may not
use personally owned induction coils, in-line adapters, recorders or
other devices during their investigative activities.

170.4.2 [Use on Commercial Aircraft.]{.underline} Do not operate
technical investigative equipment on commercial aircraft. The operation
of any two-way or broadcast band radio equipment on commercial aircraft
is prohibited to avoid interference with the aircraft\'s navigational
equipment. This prohibition includes cellular telephones, low power
surveillance transmitters, receivers and recorders. DTAs and TSOs must
ensure that TIGTA personnel and cooperating persons do not carry
transmitting equipment that is operating, aboard aircraft during
authorized consensual monitoring.

If technical investigative equipment must be used on an aircraft during
flight, the DTA must contact the airline corporate security office for
initial approval. Through coordination with the DTA, the SAC must submit
a memorandum requesting an exemption to the airline carrier to the
attention of the Corporate Security Office.

Forward a copy of the signed memorandum to the Federal Aviation
Administration (FAA) and the appropriate Assistant Inspector General for
Investigations (AIGI). Emergency requests for an exemption may be made
by telephone or facsimile to the airline carrier and FAA. The SAC must
submit a memorandum, as described above, as soon as possible, but no
later than 5 work days after the emergency request.

170.4.3 [Uses Not Requiring Approval.]{.underline} SAs may use
electronic or mechanical devices to overhear, transmit, or record
non-wire conversations with the advance consent of **[all]{.underline}**
parties to the conversation.

The use of standard two-way law enforcement portable and mobile radio
equipment to facilitate communications between SAs and their offices is
permitted.

Special tone-only emergency tracking systems and alarm signaling devices
not capable of passing any verbal communication can be used.

170.4.4 [Preventing Non-Consensual Monitoring.]{.underline} When
recording or intercept devices are concealed, SAs must take precautions
to ensure that non-consensual monitoring does not occur by doing the
following:

-   Removing/disconnecting monitoring devices after each authorized
    recording;

-   Installing devices in secure areas, limiting access to those
    individuals involved in the monitoring; and

-   Ensuring that the consenting party is always present when monitoring
    any subject's or third party's conversation.

170.5 []{#Evidence .anchor}[Evidence.]{.underline}

The DTA, TSO or equipment operator should immediately safeguard the
recording from erasure or compromise, and mark the original recording
for later identification. Working copies of the original recording
should be made so the original can be entered into evidence. The DTA
and/or TSO must always consider the chain of custody whenever handling
evidentiary recordings. If immediate duplication is not possible, place
the original recording in an evidence container and give it to the
evidence custodian for processing and storage as evidence.

SAs should make transcripts of audio recordings as soon as possible,
based on consultation with their ASAC.

**Note:** Pursuant to [Title 18 U.S.C. § 2518
(8)(a),](http://www4.law.cornell.edu/uscode/18/2518.html) any wire, oral
or electronic communication intercepted by means of a court order must
be kept for at least ten years.

See [Section
190.3.1.2](http://web.tigta.treas.gov/IMDS/chapter400-inv/400-190/chapter400-190.doc#AudioVideoTapes)
of this chapter for evidence procedures regarding audio and video
recordings.

170.5.1 [Audio/Video Recording Enhancements.]{.underline} The Technical
and Firearms Support Division (TFSD) has the equipment and expertise to
enhance audio and video recordings. In the event that a SA requires
enhancement of such recordings, the TSO will initiate a Request for
Audio/Video Enhancement (Form OI 7535AV) to the ASAC TFSD (Technical
Operations) through the respective DTA . This request may be made by
e-mail.

Following standard evidentiary procedures, the [original]{.underline}
recording should be packaged and submitted as follows:

-   Properly marked;

-   Record tabs punched in, if applicable;

-   Secured in evidence container;

-   Properly packaged in a lead-lined mailer (DTAs maintain a supply);

-   Shipped by overnight courier, next day air; and

-   Include return shipping instructions.

**Note:** Ensure the proper chain of custody when sending an original
recording to TFSD for enhancement.

170.5.2 [Recording Information in PARIS.]{.underline} To properly
document the use of this investigative technique in the Performance and
Results Information System (PARIS), in the Investigations screen,
Interview and Investigative Techniques Section, Specialized Techniques/
Equipment menu, select code 11 -- Tech Support -- Audio/Video
Enhancements.

170.6 []{#ConsensualTelMonitoring .anchor}[Consensual Telephone
Monitoring.]{.underline}

Consensual telephone monitoring is the intercepting and recording of
telephone conversations when one or more of the parties to the
conversation consents to the lawful, warrantless interception and
recording of the communication.

Obtain approval from the SAC prior to monitoring any telephone calls.
The approval may be made by telephone.

170.6.1 [Consensual Telephone Monitoring Log.]{.underline} The SAC must
maintain a Consensual Telephone Monitoring Log of all approvals. The log
is a bound ledger with each fiscal year identified. Years may be
designated by an index tab or some other means.

Each page of the log must have the following column headings (from left
to right):

-   Case title and case number;

-   Case SA, name of SA requesting permission, and the division making
    the request, if the request is from another division;

-   Date when 60 day monitoring begins; and

-   Initials and date of the approving SAC. Enter the last name of the
    SAC, if the request is from another division.

170.6.2 [Extensions.]{.underline} Extensions for consensual telephone
monitoring are requested in the same manner as initial requests. SACs
must document the extension in the Consensual Telephone Monitoring Log.

170.7 []{#RecordofMonitoring .anchor}[Record of Monitoring.]{.underline}
Use a Record of Monitoring (Form OI 6171) to document consensual
telephone and non-telephone monitoring approvals and each monitoring
conducted.

Complete a Form OI 6171 if consensual monitoring is completed for
another division. After monitoring, forward the original Form OI 6171 to
the requesting SA with the original recordings of the monitored
conversations.

**Note:** The collateral division should keep copies of recordings to
protect against accidental loss/destruction of evidence while in
transit.

Additionally, complete a Memorandum of Interview or Activity (Form OI
2028-M) documenting each consensual telephone or non-telephone
monitoring.

Use continuation Forms OI 6171, as needed, numbering pages
consecutively.

170.7.1 [Distribution of Approved Form OI 6171.]{.underline} The
original Form OI 6171 is maintained in the original case file.

170.7.2 [Recording Information in PARIS.]{.underline} To properly
document the use of this technique in PARIS, in the Investigations
screen, Interview and Investigative Techniques Section, Specialized
Techniques/ Equipment menu, select code 2 -- Monitoring -- Consensual
Electronic.

170.8 []{#ConsensualNonTelMonitoring .anchor}[Consensual Non-Telephone
Monitoring.]{.underline}

Consensual non-telephone monitoring is the intercepting, transmitting,
and recording of oral, non-wire communications, when one or more of the
parties to the conversation consents to the lawful, warrantless
interception and recording of the communication.

170.8.1 [Written Approval.]{.underline} The monitoring of non-telephone
conversations with the consent of one party requires the advance
authorization of either the Attorney General or his/her designee or a
designated TIGTA management official.

The Inspector General (IG) has designated the Deputy Inspector General
for Investigations (DIGI), AIGIs, and the Deputy AIGI (DAIGI) as TIGTA
management officials who may authorize consensual non-telephone
monitoring. This authority cannot be re-delegated. See [TIGTA Delegation
Order No.
22](../../../../../../../../I:/tigta-delegation-orders/igdo22rev1.doc).

When Attorney General approval is required, the DIGI approves the
request and forwards it to the DOJ.

See 170.8.2 of this section for request procedures and circumstances
requiring Attorney General approval.

# In all consensual non-telephone monitoring situations, SAs must obtain advice from a DOJ trial attorney that the monitoring is legal and appropriate. SAs may obtain advice orally. DOJ trial attorneys include the following:

-   United States Attorney (USA);

-   AUSA; or

-   Designated DOJ Attorney for a particular investigation, including
    Public Integrity Section attorneys.

170.8.2 [Submission of Form OI 5177.]{.underline} SAs must submit a
Request for Authorization to Use Electronic Equipment and Consensual
Monitoring (Form OI 5177) to the SAC for approval. The SAC will forward
the approved Form OI 5177 to the **\*TIGTA Inv Operations** inbox as
soon as the need for monitoring is known.

If consensual non-telephone monitoring is to occur within two days or
less of submitting the monitoring authorization request, the SAC shall
immediately notify the **\*TIGTA Inv Operations** inbox to ensure that
TIGTA Counsel and a TIGTA approving official are available to review and
approve the request.

For sensitive circumstances that require Attorney General approval, the
Form OI 5177 must be approved by the DIGI by forwarding the completed
form to the **\*TIGTA Inv Operations** inbox not less than 72 hours
prior to the day the monitoring is scheduled to begin. Operations
Division personnel will coordinate with DOJ to obtain approval.

SAs must also follow the same procedures when requesting extensions.

If the consensual non-telephone monitoring request is approved, a copy
of the approved Form OI 5177 is forwarded to the SAC to be placed in the
original case file.

170.8.2.1 [Investigations Requiring Written DOJ Approval (Sensitive
Circumstances).]{.underline} A request for authorization to monitor an
oral, non-wire communication without the consent of all parties to the
communication must be approved in writing by the Director or Associate
Director of the DOJ Criminal Division, Office of Enforcement Operations
(OEO) when it is known that:

-   The monitoring relates to an investigation of a member of Congress,
    a Federal judge, a member of the Executive Branch at Executive Level
    IV or above, or a person who has served in such capacity within the
    previous two years;

-   The monitoring relates to an investigation of the governor,
    lieutenant governor, or attorney general of any state or territory,
    or a judge or justice of the highest court of any state or
    territory, and the offense investigated is one involving bribery,
    conflict of interest, or extortion relating to the performance of
    his or her official duties;

-   Any party to the communication is a member of the diplomatic corps
    of a foreign country;

-   Any party to the communication is or has been a member of the
    Witness Security Program and that fact is known to the agency
    involved or its officers;

-   The consenting or non-consenting person is in the custody of the
    Bureau of Prisons (BOP) or the U.S. Marshals Service (USMS); or

-   The Attorney General, Deputy Attorney General, Associate Attorney
    General, any Assistant Attorney General, or the USA in the district
    where an investigation is being conducted has requested the
    investigating agency to obtain prior written consent before
    conducting consensual monitoring in a specific investigation.

170.8.3 [Monitoring Not Within the Scope of the Attorney General's
Memorandum.]{.underline} Even if the interception falls within one of
the sensitive circumstances listed above, the Attorney General's
Memorandum does not apply to the following:

-   Extraterritorial interceptions;

-   Foreign intelligence interceptions, including interceptions pursuant
    to the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. §
    1801, et
    seq.](http://www.law.cornell.edu/uscode/search/display.html?terms=1801&url=/uscode/html/uscode50/usc_sec_50_00001801----000-.html));

-   Interceptions pursuant to the court-authorization procedures of
    Title III of the Omnibus Crime Control and Safe Streets Act of 1968,
    as amended ([18 U.S.C. § 2510,
    et.seq.](http://www.law.cornell.edu/uscode/search/display.html?terms=2510&url=/uscode/html/uscode18/usc_sec_18_00002510----000-.html));

-   Routine BOP monitoring of oral communications that are not attended
    by a justifiable expectation of privacy;

-   Interceptions of radio communications; and

-   Interceptions of telephone communications.

170.8.4 [Verbal Requests/Approval.]{.underline} SAs should always
attempt to obtain advance written authorization prior to monitoring
consensual non-telephone conversations. In exigent circumstances, the
SAC can call an AIGI or the DAIGI and request verbal approval. If one of
these management officials is not available, the SAC must request
approval from the DIGI.

Verbal requests must include all of the information required for written
requests.

Form OI 5177 must be submitted to the **\*TIGTA Inv Operations** inbox
for review and approval by a TIGTA management official as described in
170.8.1 of this section, within 24 hours after verbal approval has been
granted.

170.8.5 [Emergency Monitoring Approval.]{.underline} Emergency requests
requiring written DOJ approval may be made by telephone to the Director
or an Associate Director of the DOJ Criminal Division, OEO or to the
Assistant Attorney General, or a Deputy Assistant Attorney General of
the Criminal Division, if the appropriate TIGTA official approves the
monitoring. See 170.8.2.1 of this section for monitoring requiring
written DOJ approval.

In situations requiring written DOJ approval and one of the individuals
identified in 170.8.6 of this section cannot be reached, the IG or
his/her designee may authorize emergency consensual non-telephone
monitoring. TIGTA must then notify the DOJ Criminal Division, OEO as
soon as practicable, but not later than three working days after the
emergency monitoring authorization. The notification must be in a
memorandum. The memorandum must explain the emergency and contain a
completed Form OI 5177. Forward the memorandum to the **\*TIGTA Inv
Operations** inbox for the DIGI's approval and referral to the DOJ
Criminal Division, OEO.

In situations not requiring written DOJ approval, SACs may authorize
temporary emergency consensual non-telephone monitoring. They may do so
only after they unsuccessfully attempt to obtain advance verbal approval
from the DAIGI, an AIGI or the DIGI. The authority to grant emergency
approval cannot be re-delegated.

See [TIGTA Delegation Order No.
22](../../../../../../../../I:/tigta-delegation-orders/igdo22rev1.doc).

When SACs grant emergency approval, they must call an AIGI on the next
business day. They must also submit a memorandum and a completed Form OI
5177 to an AIGI or DAIGI by forwarding the memorandum to the **\*TIGTA
Inv Operations** inbox, within 48 hours to serve as the record of
emergency authorization.

The memorandum shall provide an explanation of the emergency
circumstances that precluded obtaining advance verbal or written
authorization. The memorandum may also include the following other
information, as applicable:

-   AUSA's position on the authorization. If an AUSA was not contacted
    prior to the emergency authorization, the case SA must contact an
    AUSA, and obtain the AUSA's position on the authorization;

-   If no monitoring took place after emergency authorization; and

-   If additional monitoring is required beyond the emergency
    authorization, attach a completed Form OI 5177 requesting an
    extension.

170.8.6 [Authorization.]{.underline} The following DOJ officials have
authority to grant approval to engage in consensual non-telephone
monitoring in the sensitive circumstances listed in 170.8.2.1 of this
section:

-   Attorney General;

-   Deputy Attorney General;

-   Associate Attorney General;

-   Assistant Attorney General or Acting Assistant Attorney General,
    Criminal Division;

-   Deputy Assistant Attorney General, Criminal Division; and

-   Director or an Associate Director, Criminal Division, OEO.

170.8.7 [Special Limitations.]{.underline} When a party to a
conversation consents to the monitoring of his/her oral communication
(consenting party), the monitoring device may be concealed on his/her
person, in personal effects, or in a fixed location.

TIGTA must ensure that the consenting party will be present at all times
when the device is operating. TIGTA must also ensure the following:

-   No agent or person cooperating with TIGTA trespasses while
    installing a device in a fixed location, unless that agent or person
    is acting pursuant to a court order that authorizes the entry and/or
    trespass; and

-   As long as the device is installed in the fixed location, the
    premises remain under the control of the government or of the
    consenting party. If the consenting party leaves the area where the
    audio/video device is installed, recording should be stopped until
    the consenting party returns.

**Note**: Non-consensual interceptions may take place only pursuant to a
Title III court order. TIGTA must ensure that no communication of any
party who has a justifiable expectation of privacy is intercepted unless
proper authorization has been obtained. See 170.9 of this section for
information on Title III intercepts.

170.8.8 [Procedures for Consensual Non-Telephone Monitoring When Written
DOJ Approval is not Required.]{.underline} SAs must contact the USA, an
AUSA, or the DOJ attorney responsible for a particular investigation
prior to receiving approval for consensual non-telephone monitoring from
a TIGTA management official. The USA, AUSA, or DOJ attorney responsible
for a particular investigation must advise as to both the legality and
appropriateness of the consensual non-telephone monitoring.

170.8.9 [Form OI 5177.]{.underline} SAs must use Form OI 5177 to request
approval for each investigation. The SAC must send a completed Form OI
5177 to the **\*TIGTA Inv Operations** inbox for approval.

170.8.10 [Submission of New Form OI 5177.]{.underline} SAs must submit a
new Form OI 5177 when any of the following circumstances exists:

-   There is a new consenting party or additional consenting party;

-   SAs will monitor conversations of a new subject and TIGTA has
    initiated an investigation on the subject; or

-   Monitoring under the original authorization implicates a third party
    in possible criminal activities and there is no substantiated
    connection between the third party\'s activities and the subject of
    the investigation.

SAs do not need new approval for minor adjustments or additions to
equipment described in Block 9 of Form OI 5177.

SAs are also not required to submit a new Form OI 5177 to monitor
previously unnamed third parties who appear during meetings with the
subject.

170.8.11 [Distribution of Form OI 5177.]{.underline} The approved Form
OI 5177 is forwarded to the SAC and placed in the original case file.

170.8.12 [Recording Information in PARIS.]{.underline} To properly
document the use of this technique in PARIS, in the Investigations
screen, Interview and Investigative Techniques Section, Specialized
Techniques/ Equipment menu, select code 2 -- Monitoring -- Consensual
Electronic.

170.9 []{#Title1Intercepts .anchor}[Title III Intercepts.]{.underline}

Title III non-consensual monitoring includes the intercepting,
transmitting, and/or recording of wire, oral, and electronic
communications when [none]{.underline} of the parties to the
communication gives consent or is aware of such interception,
transmission, or recording.

See Title III of the Omnibus Crime Control and Safe Streets Act of 1968,
as amended, ([18 U.S.C. § 2510, et.
seq.](http://www.law.cornell.edu/uscode/search/display.html?terms=2510&url=/uscode/html/uscode18/usc_sec_18_00002510----000-.html)).

170.9.1 [Title III Policy.]{.underline} The request for a Title III
court order requires that SAs show the following:

-   The crime is of a nature for which the use of a Title III court
    order is warranted;

-   All other investigative steps have been exhausted without success;
    and

-   Further investigative activities would potentially cause either harm
    to agents of the government and/or cooperating individuals or would
    reasonably alert the target(s) of the investigation(s).

170.9.2 []{#Title1Authorization .anchor}[Title III
Authorization.]{.underline} Non-consensual monitoring requires a Title
III court order authorizing installation and use. Pursuant to [18 U.S.C.
§
2518](http://www.law.cornell.edu/uscode/search/display.html?terms=2518&url=/uscode/html/uscode18/usc_sec_18_00002518----000-.html),
a U.S. District Court may issue an order authorizing the use of
non-consensual intercepts. The Title III court order is valid for up to
30 days. Application for a Title III court order must be authorized by
one of the DOJ officials set forth at [18 U.S.C. §
2516](http://www.law.cornell.edu/uscode/search/display.html?terms=2516&url=/uscode/html/uscode18/usc_sec_18_00002516----000-.html)
and must contain the following information:

-   Identity of the investigative or law enforcement officer making the
    application, and the DOJ official authorizing the application;

-   Statement of the facts and circumstances to justify the applicant's
    belief that an order should be issued, including:

-   Details that one of the offenses set forth at [18 U.S.C. §
    2516](http://www.law.cornell.edu/uscode/search/display.html?terms=2516&url=/uscode/html/uscode18/usc_sec_18_00002516----000-.html)
    is being committed, has been committed or is about to be committed;

-   Description of the nature and location of the facilities from which
    or the place where the communication is to be intercepted;

-   Description of the type of communications that will be intercepted;
    and

-   Identity of the persons, if known, committing the offense and whose
    communications are to be intercepted. The Supreme Court requires
    that the application contain the names of all individuals who the
    Government has probable cause to believe are engaged in the criminal
    activity under investigation.

-   Statement as to whether or not investigative procedures have been
    tried and failed or why they reasonably appear to be unlikely to
    succeed if tried or would be too dangerous;

-   Statement of the period of time for which the interception is to be
    maintained. If an extension of an order, a statement of the results
    of the interception thus far, or a reasonable explanation of the
    failure to obtain such results;

-   Statement of the facts concerning all previous applications known to
    the individual authorizing and making the application, made to any
    judge, involving any of the same persons, facilities or places
    specified in the application, and the action taken by the judge on
    each of the previous applications;

-   Statement that the intercept will be conducted in such a way to
    minimize interception of communications not specified in the
    application; and

-   Request for permission to surreptitiously enter to install,
    maintain, and remove electronic surveillance devices.

See [18 U.S.C. §
2518](http://www.law.cornell.edu/uscode/search/display.html?terms=2518&url=/uscode/html/uscode18/usc_sec_18_00002518----000-.html)
for additional information on applying for a Title III court order.

**Note:** Generally, a court-ordered Dialed Number Recorder (DNR), also
known as a "pen register", should be used prior to requesting Title III
authorization for non-consensual interception of telephone
conversations. The DNR shows that a particular telephone is being used
in the commission of a crime and serves as the basis for the Title III
request. See 170.10 of this section for DNR use.

The IG has the authority to approve TIGTA requests to a court for
authorization to use the Title III intercept technique, and the costs
associated with such use. The SA must prepare a memorandum to the IG
requesting to use the technique. The memorandum must contain the
following information:

-   Case name and case number;

-   Telephone number to be monitored, if application is for telephone
    intercept;

-   Name and address of subscriber;

-   Reasons for the proposed use of the intercept;

-   Proposed period of use;

-   Locations of the receiving intercept device; and

-   Name of the AUSA. SAs must obtain concurrence from a local DOJ
    Attorney prior to requesting to use the Title III intercept
    technique.

The SAC must forward the memorandum to the **\*TIGTA Inv Operations**
inbox for review and approval by the DAIGI and/or appropriate AIGI, the
DIGI, and the IG.

170.9.3 [Title III Intercept Procedures.]{.underline} SAs considering
use of the Title III intercept technique should contact the DTA as soon
as possible to discuss the technical feasibility of using this
equipment. If it is determined that the technique is feasible, complete
the following:

-   Contact the local USAO to determine if sufficient information exists
    to obtain a court order for a Title III intercept;

-   Prepare a detailed affidavit that contains the information
    identified in [170.9.2](#Title1Authorization) of this section; and

-   Coordinate DOJ reporting requirements and procedures with the local
    AUSA.

170.9.4 [Recording Information in PARIS.]{.underline} To properly
document the use of this technique in PARIS, in the Investigations
screen, Interview and Investigative Techniques Section, Specialized
Techniques/ Equipment menu, select code 3 -- Monitoring -- Title III.

170.10 []{#DialedNumRecorders .anchor}[Dialed Number Recorder (Pen
Register).]{.underline}

DNRs capture electronic impulses generated by a telephone line and can
also be used to capture the e-mail addresses sent by a subscriber of an
electronic communication service. Telephone data includes call
information such as, the telephone numbers dialed, date and time of the
activity, and other special services subscribed to by the customer of a
wire communication service (e.g., caller-ID, call forwarding, conference
calls, call waiting, etc.).

Use of DNRs to gather evidence in criminal cases requires SAs to obtain
the following:

-   Legal approval by a local AUSA for a **court order,** issued
    pursuant to

> [18 U.S.C. §
> 3123](http://www.law.cornell.edu/uscode/search/display.html?terms=3123&url=/uscode/html/uscode18/usc_sec_18_00003123----000-.html);

-   Administrative approval from the SAC to employ and fund the
    investigative technique; and

-   Assistance of the DTA to plan, coordinate and install appropriate
    devices.

**Note:** A DNR court order is authorization to intercept electronic
impulses only. A DNR court order **does not** authorize the monitoring
of oral communications or the interception of contents of e-mail.

170.10.1 [Dialed Number Recorder Authorizations.]{.underline} A court
order authorizing installation and use of a DNR is required. Discuss the
specific legal requirements of the proposed installation with a local
AUSA prior to utilizing this technique. U.S. District Courts authorize
the installation of DNRs pursuant to an order issued under [18 U.S.C. §
3123](http://www.law.cornell.edu/uscode/search/display.html?terms=3123&url=/uscode/html/uscode18/usc_sec_18_00003123----000-.html).
The court directs telephone companies to provide information,
facilities, and the technical assistance necessary to implement the
order. The court order is customarily sealed to protect the
confidentiality of the investigation.

Contact a local AUSA for advice and assistance concerning the level of
information required to obtain a court order. Consult with the
Operations Division, who will consult with TIGTA Counsel, as
appropriate.

The SAC is the approving official for making application to a court for
authorization to use the DNR technique and committing the resources
necessary to accomplish the gathering of evidence. The SA will prepare a
memorandum to the SAC outlining the proposed use of a DNR, the costs
associated with installation and operation of technical equipment, and
other resources required. The memorandum must include the following
information:

-   Case name and case number;

-   Telephone number to be monitored;

-   Name and address of the telephone subscriber;

-   Reasons for the proposed use of the DNR;

-   Names of SAs who will operate or have access to the DNR;

-   Name, title and telephone number of the telephone company security
    officer or contact;

-   Approximate time it will take the telephone company to provide
    assistance;

-   Proposed period of use;

-   Location of the DNR or remote computer interface device receiving
    the information during operation;

-   Name of the AUSA ;

-   Any other pertinent technical information regarding the
    subscriber\'s telephone service (e.g., speed dialing, call
    forwarding, caller ID, etc.); and

-   Projected cost for installation and maintenance of telephone
    circuits. Consult with the DTA to obtain projected cost and other
    specific information required. TFSD is responsible for cost
    associated with the installation and maintenance of a DNR.

Retain the original request in the case file and forward copies to the
ASAC TFSD (Technical Operations) and the assisting DTA.

In urgent cases, approval to use the DNR technique may be made by
telephone. As soon as possible after verbal approval is obtained, submit
a memorandum with the information described above, to the SAC.

170.10.2 [Dialed Number Recorder Procedures.]{.underline} SAs should
begin the process of requesting use of a DNR by consulting with the DTA
assigned to their division. The DTA will assist the SA in gathering
technical information, planning the installation of equipment, and
making the appropriate contacts with the telephone company.

The DTA will work with telephone company security officials to:

-   Coordinate appropriate delivery of the court order;

-   Determine exact target telephone numbers, subscriber information,
    location, and special features activated for each telephone line
    (e.g., call forwarding, speed dialing, caller ID, etc.);

-   Locate the best appearance points for intercept connections (e.g.,
    junction boxes, telephone poles, Internet IP address (if related to
    an intercept of digital communication under the Communications
    Assistance for Law Enforcement Act (CALEA)), etc.);

-   Coordinate activation of leased lines or CALEA intercept location;

-   Obtain cost and billing information for procurement of leased lines;

-   Arrange for remote listening post, if required; and

-   Determine data transfer protocols (e.g., Penlink, subscriber
    information, etc.).

Use a TIGTA owned DNR, or others similarly modified, to prevent the
interception of telephone conversations.

170.10.3 [Dialed Number Recorder Installation and
Operation.]{.underline} The DTA provides the following assistance:

-   Determines the final site selection and time of installation;

-   Directs activities and services provided by the telephone company;

-   Obtains technical support by local agencies;

-   Provides technical advice to the case SA, management, and the AUSA;
    and

-   Makes arrangements to reimburse the telephone company.

The SA operating a DNR is responsible for the following:

-   Preserving as evidence all computer disks and printouts produced by
    the DNR; and

```{=html}
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```
-   Compiling a log of times, dates and persons who had access to the
    equipment; and

-   Preserving the DNR log as evidence.

170.10.4 [Dialed Number Recorder with Subscriber
Permission.]{.underline} A court order is generally not required when
the subscriber has given permission for the installation of a DNR on
his/her telephone. Complete all the requirements for requesting
approval, with the exception of obtaining a court order. Document the
subscriber\'s consent in writing and ensure that the consenting party is
lawfully authorized to give consent.

170.10.5 [Recording Information in PARIS.]{.underline} To properly
document the use of this technique in PARIS, in the Investigations
screen, Interview and Investigative Techniques Section, Specialized
Techniques/ Equipment menu, select code 4 -- Monitoring -- Dialed Number
Recorder.

170.11 []{#TrapAndTrace .anchor}[Trap and Trace.]{.underline}

Most telephone companies have the capability to \"trap and trace\" a
subscriber\'s telephone. \"Trap and trace\" is a procedure used by a
telephone company to discover the originating numbers of incoming calls
and can also capture the e-mail addresses of individuals who send
e-mails to a subscriber. This information frequently supplements data
gathered by a DNR. In some instances, a \"trap and trace\" may eliminate
the need for a DNR.

170.11.1 [Trap and Trace Authorizations.]{.underline} In most instances,
the use of the \"trap and trace\" procedure requires a court order
authorizing its installation and use. Discuss the specific legal
requirements of the proposed installation with a local AUSA prior to
utilizing this technique. The local AUSA may add language in the court
order for a DNR which specifically directs the telephone company to
provide "trap and trace" assistance in addition to other services
related to the DNR operation. In situations where only "in-coming" local
area calls are of investigative interest, the local AUSA may prepare a
court order similar to that required for a DNR, strictly for "trap and
trace" information from the telephone company's records of "in-coming
call" information for the subscriber's telephone line. SAs should
consult with a local AUSA regarding practices in their judicial
districts. Consult with the Operations Division, who will consult with
TIGTA Counsel, as appropriate.

See [18 U.S.C. §§ 3121 --
3123](http://www.law.cornell.edu/uscode/search/display.html?terms=3121&url=/uscode/html/uscode18/usc_sec_18_00003121----000-.html)
for detailed information regarding trap and trace court orders.

The SAC is the approving official for making application to a court for
authorization to use the "trap and trace" technique and committing the
resources necessary to accomplish the gathering of evidence. The SA will
prepare a memorandum to the SAC outlining the proposed use of the "trap
and trace" technique, the costs associated with such operation, and
other resources required. The memorandum must include the following
information:

-   Case name and case number;

-   Telephone number to be monitored;

-   Name and address of the telephone subscriber;

-   Reasons for the proposed use of the "trap and trace";

-   Name, title, and telephone number of the telephone company security
    officer or contact;

-   Approximate time it will take the telephone company to provide
    assistance;

-   Proposed period of use;

-   Name of the AUSA;

-   Any other pertinent technical information regarding the
    subscriber\'s telephone service (e.g., speed dialing, call
    forwarding, and caller ID, etc.) and

-   Projected costs to be billed by the telephone company.

When considering the use of the \"trap and trace\" technique, the DTA
should contact the local telephone security office for technical
assistance and instructions.

Generally, the telephone company, once in receipt of the court order,
will make arrangements to provide detailed call reports to the SA on a
regular schedule. These reports should be handled as evidence and
maintained per the instructions in Section
[190.3](../../../../../../../../imds-temp/chapter400-inv/400-190/chapter400-190.doc#IdentificationCollectionEvidence)
of this chapter.

SAs considering the use of the "trap and trace" technique should consult
with the local DTA to consider other options (e.g., DNR, etc.).

170.11.2 [Trap and Trace with Subscriber Permission.]{.underline} A
court order is generally not required when the subscriber has given
permission to place a "trap and trace" on his/her telephone. Complete
all the requirements for requesting approval, with the exception of
obtaining a court order. Document the subscriber\'s consent in writing
and ensure that the consenting party is authorized to give consent.

170.11.3 [Recording Information in PARIS.]{.underline} To properly
document the use of this technique in PARIS, in the Investigations
screen, Interview and Investigative Techniques Section, Specialized
Techniques/ Equipment menu, select code 22 -- Tech Support -- TSO/DTA
Assistance.

[]{#PagerIntercepts .anchor}

170.12 [Pager Intercepts.]{.underline}

The pager intercept system allows the capture of data transmitted to
radio paging devices. The data, numeric and alpha information is
captured directly from the radio transmission sent by the paging company
to the intended subscriber and stored in a database file for future
analysis. The digital pager intercept system consists of a laptop
computer, custom radio receivers, and a compact printer.

Use of pager intercepts to gather evidence in criminal cases requires
the SA to obtain the following:

-   Legal approval through a local AUSA for a court order;

-   Administrative approval from the SAC to employ the investigative
    technique; and

-   Assistance of the DTA to plan, coordinate and install appropriate
    pager intercept system.

170.12.1 [Pager Intercept Authorization.]{.underline} Digital pager
intercepts require a court order authorizing installation and use of
this device. Discuss the specific legal requirements of the proposed
installation with a local AUSA prior to utilizing this technique. U.S.
District Courts authorize the use of digital pager intercepts pursuant
to [18 U.S.C. §
3123.](http://www.law.cornell.edu/uscode/search/display.html?terms=3123&url=/uscode/html/uscode18/usc_sec_18_00003123----000-.html)
Submit applications for use of a digital pager intercept device through
the local USAO. Pager intercept court orders should be sealed by the
court to protect the confidentiality of the investigation. Contact an
AUSA for advice and assistance concerning the level of information
required to obtain a court order. Consult with the Operations Division,
who will consult with TIGTA Counsel, as appropriate.

The SAC is the approving official for making application to a court to
use the pager intercept technique and committing the resources necessary
to accomplish the gathering of evidence. The SA will prepare a
memorandum to the SAC outlining the proposed use of a pager intercept,
the costs associated with installation and operation of technical
equipment, and other resources required. The memorandum must include the
following information:

-   Case name and case number;

-   Telephone number of pager to be monitored;

-   Name and address of subscriber leasing pager;

-   Reasons for the proposed use of the intercept;

-   Names of SAs operating or with access to the pager intercept device;

-   The approximate time required to obtain and install the intercept
    equipment;

-   Proposed period of use;

-   Location of the receiving digital pager intercept device;

-   Name of AUSA; and

-   Any other pertinent information regarding the subscriber or the
    subscriber\'s pager.

If emergency approval is needed, the SAC can telephonically approve a
request for a court order to use the pager intercept technique. Within
five days of obtaining emergency approval, submit a memorandum to the
SAC as described above.

170.12.2 [Pager Intercept Procedures.]{.underline} SAs should begin the
process of requesting use of pager intercepts by consulting with the
DTA. The DTA will assist the SA in gathering certain technical
information, planning the installation of equipment and making the
appropriate contacts with the pager company. When it is determined that
the procedure is feasible, conduct the following:

-   Contact the local USAO to determine if sufficient information exists
    to obtain a court order for a pager intercept;

-   Obtain the telephone number of the target pager receiver, beeper,
    and the name and address of the paging company;

-   Determine the type of target pager being used (e.g., numeric or
    alphanumeric); and

-   Obtain the frequency that the pager company operates in your area. A
    directory of paging companies and their assigned frequencies are
    available through your DTA.

170.12.3 [Pager Intercept Installation and Operation.]{.underline}
Contact the DTA to make arrangements to obtain the pager intercept
equipment and the technical assistance for installation of the device.
The DTA has overall technical control of the pager intercept device,
installation and operation. In TIGTA Headquarters, the ASAC TFSD
(Technical Operations) provides the assistance.

The DTA is responsible for the following:

-   Determining the site where the pager intercept device will be
    located and secured; and

-   Providing technical advice to the case SA, management and the AUSA.

The SA is responsible for the following:

-   Preserving as evidence all computer disks and printouts produced by
    the pager intercept; and

-   Maintaining a log of times, dates and persons who had access to the
    intercept equipment.

170.12.4 [Pager Intercept with Subscriber Permission.]{.underline} A
court order is generally not required when the subscriber has given
permission for the capture of his/her pager information. Complete all
the requirements for requesting approval, with the exception of
obtaining a court order. Document the subscriber\'s consent in writing
and ensure that the consenting party is authorized to give consent.

170.12.5 [Recording Information in PARIS.]{.underline} To properly
document the use of this technique in PARIS, in the Investigations
screen, Interview and Investigative Techniques Section, Specialized
Techniques/ Equipment menu, select code 22 -- Tech Support -- TSO/DTA
Assistance.

170.13 []{#FaxComputerIntercepts .anchor}[Facsimile/Computer
Intercepts.]{.underline}

Non-consensual facsimile and/or computer intercepts are considered
electronic communication intercepts and require a Title III court order
authorizing installation and use. Electronic communications are divided
into the following categories:

-   Communications during the transmission stage as discussed below; and

-   Communications in "storage" incident to transmission, which require
    special handling and coordination with a CIS agent. See [Section
    370.10](../../../../../../../../F:/chapter400-inv/400-370/chapter400-370.doc#RequestingCISProgramSupport)
    of this chapter for CIS Program support.

[Title 18 U.S.C. §
2703](http://www.law.cornell.edu/uscode/search/display.html?terms=2703&url=/uscode/html/uscode18/usc_sec_18_00002703----000-.html)
contains requirements for government access to contents of or records
concerning electronic communications in storage by an electronic
communication service or remote computing service, such as an Internet
Service Provider. Like requests for court orders involving other Title
III intercepts, DOJ must review and approve applications prior to the
court authorizing the Title III court order. Unlike requests for court
orders involving other Title III intercepts, which must show allegations
are within the offenses contained in 18 U.S.C. § 2516, facsimile and
computer intercepts can be used for any Federal felony. See
[170.9.2](#Title1Authorization) of this section for Title III
authorization.

The Electronic Communications Privacy Act of 1986 establishes procedures
for the interception of electronic communication transmissions.
Generally, electronic communications are those which do not contain the
human voice at any point during the transmission. An electronic
communication includes systems such as facsimile transmissions,
computer-to-computer transmissions, electronic mail, and bulletin
boards.

See Title [18 U.S.C. §
2510(12)](http://www.law.cornell.edu/uscode/search/display.html?terms=2510&url=/uscode/html/uscode18/usc_sec_18_00002510----000-.html)
for the definition of an electronic communication.

170.13.1 [Facsimile/Computer Intercept Authorization.]{.underline}
Non-consensual facsimile or computer intercepts require a court order
authorizing installation and use. Discuss the specific legal
requirements of the proposed installation with a local AUSA prior to
utilizing this technique. U.S. District Courts authorize the use of
facsimile or computer intercepts pursuant to [18 U.S.C. §§ 2510 -
2521](http://www.law.cornell.edu/uscode/search/display.html?terms=2510&url=/uscode/html/uscode18/usc_sec_18_00002510----000-.html).
These types of intercepts are considered non-voice Title III court
orders, but still require DOJ review and approval. Generally, a
court-ordered DNR should be used prior to requesting Title III
authorization. The DNR shows that a particular telephone line is being
used in the commission of a crime and serves as a basis for the Title
III court order.

The IG must approve an application to a court for authorization to use
the facsimile or computer intercept technique. The SA must prepare a
memorandum containing the following information:

-   Case name and case number;

-   Telephone number used for facsimile or modem;

-   Name and address of subscriber;

-   Reasons for the proposed use of the intercept;

-   Names of SAs operating or with access to the facsimile and/or
    computer intercept device;

-   Proposed period of use;

-   Locations of the receiving intercept device;

-   Name of the AUSA; and

-   Any other pertinent information regarding the subscriber or the
    subscriber's equipment.

The SAC must forward the memorandum to the **\*TIGTA Inv Operations**
inbox for review and approval by the DAIGI and/or appropriate AIGI, the
DIGI, and the IG.

170.13.2 [Facsimile/Computer Intercept Procedures.]{.underline} SAs
considering use of the facsimile or computer intercept technique should
contact the DTA as soon as possible to discuss the technical feasibility
of using facsimile or computer intercept devices. When it is determined
that the procedure is feasible, complete the following:

-   Contact the local USAO to determine if sufficient information exists
    to obtain a court order for a facsimile or computer intercept; and

-   Obtain the telephone number, make and model of the target facsimile
    machine or computer modem. In computer intercept requests, the SA
    should attempt to identify the target's internet service provider
    and other related information.

170.13.3 [Facsimile/Computer Installation and Operation.]{.underline}
Contact the DTA to make arrangements to obtain the facsimile/computer
intercept equipment and the technical assistance for installation of the
device. The DTA has overall technical control of the intercept device,
installation and operation. In TIGTA Headquarters, the ASAC TFSD
(Technical Operations) provides the assistance.

The DTA is responsible for the following:

-   Determines the site where the intercept device will be located and
    secured; and

-   Provides technical advice to the case SA, management and the AUSA.

**Note:** If a computer intercept will be used, the DTA will coordinate
with the CIS Group, Strategic Enforcement Division (SED) for guidance.

The SA operating the intercept device is responsible for the following:

-   Preserving as evidence all computer disks and printouts produced by
    the facsimile or computer intercept; and

-   Maintaining a log of times, dates and persons who had access to the
    intercept equipment.

170.13.4 [Facsimile/Computer Intercept with Subscriber
Permission.]{.underline} A court order is generally not required when
the subscriber has given permission to capture his/her facsimile or
computer information. Complete all the requirements for requesting
approval, with the exception of obtaining a court order. Document the
subscriber\'s consent in writing and ensure that the consenting party is
lawfully authorized to give consent.

If the computer intercept meets the requirements of the computer
trespass exemption in [18 U.S.C.
2511(2)(i)](http://www.law.cornell.edu/uscode/search/display.html?terms=2511&url=/uscode/html/uscode18/usc_sec_18_00002511----000-.html)
and subscriber permission is obtained as stated above, the procedures in
170.13.4.1 below must be followed.

1.  [Computer Intercept Using Trespass Exemption.]{.underline} When the
    computer

intercept meets the requirements in 18 U.S.C. § 2511(2)(i),
authorization to use the technique and the costs associated with such
use, are approved by the SAC with the concurrence of the SAC SED.

The requesting SA is not required to obtain concurrence from a DOJ
attorney when the computer trespass exemption applies; however, the
computer intercept must meet all of the requirements in 18 U.S.C. §
2511(2)(i) as follows:

> It shall not be unlawful under this chapter for a person acting under
> color of law to intercept the wire or electronic communications of a
> computer trespasser transmitted to, through, or from the protected
> computer, if:

1.  The owner or operator of the protected computer authorizes the
    interception of the computer trespasser's communications on the
    protected computer;

2.  The person acting under color of law is lawfully engaged in an
    investigation;

3.  The person acting under color of law has reasonable grounds to
    believe that the contents of the computer trespasser's
    communications will be relevant to the investigation; and

4.  Such interception does not acquire communications other than those
    transmitted to or from the computer trespasser.

    If the computer intercept meets all of the requirements as stated
    above, the requesting SA must prepare a memorandum to the SAC that
    contains the following information:

-   Case name and number;

-   Name and address of the owner or operator of the protected computer;

-   Reasons for the proposed use of the intercept;

-   Names of SAs operating or with access to the computer intercept
    device;

-   Proposed period of use;

-   Location of the receiving intercept device;

-   A statement that the four requirements in 18 U.S.C. § 2511(2)(i)
    have been met; and

-   Any other pertinent information regarding the owner or operator and
    his/her equipment.

    The SAC must forward the memorandum to the SAC SED for concurrence.
    If approved, the SAC must forward a copy of the signed memorandum to
    the DAIGI and the appropriate AIGI.

170.13.5 [Recording Information in PARIS.]{.underline} To properly
document the use of this technique in PARIS, in the Investigations
screen, Interview and Investigative Techniques Section, Specialized
Techniques/ Equipment menu, select code 22 -- Tech Support -- TSO/DTA
Assistance.

170.14 []{#CellTelephoneInterrogation .anchor}[Cellular Telephone
Interrogation/Tracking.]{.underline}

Cellular Telephone Interrogation, Tracking and Signal Information System
is equipment that allows the user to do the following:

-   Identify the Mobile Identification Number (MIN) and Electronic
    Serial Number (ESN) of a suspect's cellular telephone;

-   Collect dialing, routing, addressing and signaling information on a
    target cell phone;

-   Deny service to a target cell phone; and

-   Provide real-time direction find (DF) tracking of a target cell
    phone.

Electronic communications are divided into the following categories:

-   Communications during the transmission stage; and

-   Communications in "storage" incident to transmission (historical
    data).

The Electronic Communications Privacy Act of 1986 establishes procedures
for the collection of electronic communication transmissions. Generally,
electronic communications are those which do not contain the human voice
at any point during the transmission. See [Title 18 U.S.C. §
2510(12)](http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002510----000-.html)
for the definition of an electronic communication. The amendments to
[Title 18 U.S.C §
3127](http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00003127----000-.html)
enacted in the USA Patriot Act of 2001 broadened the scope of "pen
register" and "trap and trace device" to include cellular non-content
electronic transmissions of dialing, routing, addressing and signaling
information as transmissions governed by these statutes.

170.14.1 [Cellular Telephone Interrogation/Tracking
Authorization.]{.underline} SAs must be familiar with the legal and
administrative considerations related to the use of cellular telephone
interrogation/tracking.

Non-consensual cellular telephone interrogation/tracking intercept
requires a court order authorizing installation and use. Discuss the
specific legal requirements of the proposed installation with a local
AUSA prior to utilizing this technique. A court order pursuant to [Title
18 U.S.C. §
2703(d)](http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002703----000-.html)
is required for the use of cellular interrogation/tracking intercepts
pursuant to obtaining cell site information from the provider. A pen
register or trap and trace order under [Title 18 U.S.C. §
3123](http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00003123----000-.html)
may be used where cell site information is not required. Generally, a
combined § 2703(d)-pen register and/or trap and trace court order
requesting cell-site location information should be used.

Title 18 U.S.C. § 2703(d) contains requirements for government access to
contents of or records concerning electronic communications in storage
by cellular providers. A subpoena may be used to obtain electronic
communications information in storage; however, a court order under §
2703(d) or search warrant is required to obtain cell phone location
information.

The SAC is the approving official for making application to a court for
authorization to use the cellular telephone interrogation/tracking
technique and committing the resources necessary to accomplish the
gathering of evidence. The SA will prepare a memorandum to the SAC
outlining the proposed use of this technique, the costs associated with
installation and operation of technical equipment, and other resources
required. The SA must prepare a memorandum containing the following
information:

-   Case name and case number;

-   Individual's telephone number (if known);

-   Name and address of subscriber;

-   Reasons for the proposed use of the intercept;

-   Names of SAs operating or with access to the pen/trap and the
    cellular telephone interrogation/tracking devices;

-   Proposed period of use;

-   Locations of the receiving intercept device;

-   Name of the AUSA; and

-   Any other pertinent information regarding the subscriber or the
    subscriber's equipment.

170.14.2 [Cellular Telephone Interrogation/Tracking
Procedures.]{.underline} SAs considering use of the cellular telephone
interrogation/tracking intercept technique should contact the DTA as
soon as possible to discuss the technical feasibility of using the
equipment. SAs should begin the process of requesting use of a DNR by
consulting with the DTA assigned to their division. The DTA will assist
the SA in gathering certain technical information, planning the
installation of equipment and making the appropriate contacts with the
telephone company.

The DTA will work with telephone company security officials as follows:

-   To coordinate delivery of court orders;

-   To determine exact target telephone numbers, subscriber information,
    location, and special features activated for each line of interest
    (e.g., call forwarding, speed dialing, caller ID);

-   To locate best appearance points for intercept connections (e.g.,
    junction boxes, telephone poles, Internet IP address (if a CALEA
    intercept));

-   To coordinate activation of leased lines or CALEA intercept
    connection;

-   To obtain cost and billing information for procurement of leased
    lines;

-   To arrange for remote listening post, if required; and

-   To determine data transfer protocols (e.g., Penlink, subscriber
    information).

SAs will only use TIGTA-owned cellular telephone interrogation/tracking
devices or others similarly modified to prevent the interception of
telephone conversations.

170.14.3 [Cellular Interrogation/Tracking Installation and
Operation.]{.underline} Contact the DTA to make arrangements to obtain
the cellular telephone interrogation/tracking intercept equipment and
the technical assistance for installation of the device. The DTA has
overall technical control of the intercept device, installation and
operation. In TIGTA Headquarters, the ASACTFSD (Technical Operations),
provides the assistance.

The DTA is responsible for the following:

-   Determines the site where the cellular intercept device will be
    located and secured; and

-   Provides technical advice to the case SA, field office management
    and the AUSA.

The SA, assisted by the operating DTA, is responsible for the following:

-   Preserving as evidence all computer disks and printouts produced by
    the cellular telephone interrogation/tracking device; and

-   Maintaining a log of times, dates and persons who had access to the
    cellular telephone interrogation/tracking device.

170.14.4 [Cellular Interrogation/Tracking Intercept with Subscriber
Permission.]{.underline} A court order is generally not required when
the subscriber has given permission for the capture of his/her cell
phone information as long as the owner maintains control of their phone.
Complete all the requirements for requesting approval, with the
exception of obtaining a court order. Document the subscriber\'s consent
in writing and ensure that the consenting party is authorized to give
consent.

If the owner is no longer in control of their cellular telephone (e.g.,
the cellular telephone was stolen), a court order is often required. The
SA should contact the local AUSA for their opinion on court order
requirements in the judicial district.

170.14.5 [Recording Information in PARIS.]{.underline} To properly
document the use of this technique in PARIS, in the Investigations
screen, Interview and Investigative Techniques Section, Specialized
Techniques/ Equipment menu, select code 22 -- Tech Support -- TSO/DTA
Assistance.