re clipper will corrupt cops was wh proposal from police point of view in article apr news clarkson edu tuinstra signal ece clarkson edu soe dwight tuinstra writes the clear implication is that there are legal authorizations other than a court order just how leaky are these i don t have the wiretap statute handy but here s what the law says on pen registers this is all from title of the u s code note how vague s a b is i haven t had a chance to check out u s c yet usc s pen registers as of s general prohibition on pen register and trap and trace device use exception a in general except as provided in this section no person may install or use a pen register or a trap and trace device without first obtaining a court order under section of this title or under the foreign intelligence surveillance act of u s c et seq s emergency pen register and trap and trace device installation a notwithstanding any other provision of this chapter any investigative or law enforcement officer specially designated by the attorney general the deputy attorney general the associate attorney general any assistant attorney general any acting assistant attorney general or any deputy assistant attorney general or by the principal prosecuting attorney of any state or subdivision thereof acting pursuant to a statute of that state who reasonably determines that an emergency situation exists that involves a immediate danger of death or serious bodily injury to any person or b conspiratorial activities characteristic of organized crime that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can with due diligence be obtained and there are grounds upon which an order could be entered under this chapter to authorize such installation and use may have installed and use a pen register or trap and trace device if within forty eight hours after the installation has occurred or begins to occur an order approving the installation or use is issued in accordance with section of this title b in the absence of an authorizing order such use shall immediately terminate when the information sought is obtained when the application for the order is denied or when forty eight hours have lapsed since the installation of the pen register or trap and trace device whichever is earlier c the knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection a without application for the authorizing order within forty eight hours of the installation shall constitute a violation of this chapter
