Sec 101 of the Anti-Terrorist Act bill allows a U.S. Government attorney to get an ex parte order from the court to use a tracing device in any jurisdiction of the United States, not just the jurisdiction of the court of law. Language in U.S. code would change ----------------------------------- from: --------------------------------- TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART II--CRIMINAL PROCEDURE CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES Sec. 3123. Issuance of an order for a pen register or a trap and trace device (a) In General.--Upon an application made under section 3122 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. ----------------------------------- to: ----------------------------------- TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART II--CRIMINAL PROCEDURE CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES Sec. 3123. Issuance of an order for a pen register or a trap and trace device (a) IN GENERAL- | (1) Upon an application made under section 3122(a)(1), | the court shall enter an ex-parte order authorizing the installation | and use of a pen register or trap and trace device **anywhere within | the United States**, if the court finds that the attorney for the | Government has certified to the court that the information likely | to be obtained by such installation and use is relevant to an ongoing | criminal investigation. The order shall, upon service thereof, apply | to any person or entity providing wire or electronic communication | service in the United States whose assistance may facilitate the | execution of the order. | | (2) Upon an application made under section 3122(a)(2), the | court shall enter an ex-parte order authorizing the installation and | use of a pen register or trap and trace device within the jurisdiction | of the court, if the court finds that the State law-enforcement or | investigative officer has certified to the court that the information | likely to be obtained by such installation and use is relevant to | an ongoing criminal investigation. --------------------------------------------------------------------------- (Note that 3122(a)(1) indicates the applicant to be "an attorney for the Government; 3122(a)(2) indicates the applicant is "a State investigative or law enforcement officer".) =========================================================================== Sec 101 of ATA also changes definition of "court of competent jurisdiction": (Title 18, Part II, Chapter 206, Sec. 3127): ----------------------------------- from: --------------------------------- (2) the term ``court of competent jurisdiction'' means-- (A) a district court of the United States (including a magistrate of such a court) or a United States Court of Appeals; or (B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device; ----------------------------------- to: ----------------------------------- (2) the term ``court of competent jurisdiction'' means-- | (A) any district court of the United States (including a | magistrate judge of such a court) or any United States Court | of Appeals having jurisdiction over the offense being | investigated; or (B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device; ---------------------------------------------------------------------------