SB 331 — Relating to: pen registers and trap and trace devices.

- 2024 LEGISLATURE LRBa0540/1LRB-0092/1 MJW:amnEAW:klm SENATE AMENDMENT 1, TO SENATE BILL 331 OctoberJune 10,14, 2023 - OfferedIntroduced by SenatACQUE.Senators J ACQUE and T OMCZYK , cosponsored by Representatives M URSAU , PENTERMAN and D ONOVAN .

AtReferred theto locationsCommittee indicated,on amendJudiciary theand billPublic asSafety. follows:

1.A N A CT to amend 968.27 (13), 968.27 (15), 968.35 (1), 968.36 (2) (a), 968.36 (2) (c), 968.36 (5) (b) and 968.37 (2);

Pageand 2,to linecreate 18:968.36 (6) of the statutes;

deleterelating theto: material beginning with that line and ending with page 3, line 5.

pen registers and trap and trace devices.

Analysis by the Legislative Reference Bureau This bill expands the definitions of “pen register” and “trap and trace device,” which are two types of wiretapping devices.

Under current law, a “pen register” is defined as a device that records or decodes electronic or other impulses that identify the numbers dialed or transmitted on a telephone line.

A “trap and trace device” is defined under current law as a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

Under the bill, the definition of “pen register” includes a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted on a telephone line or by an instrument or facility from which a wire or electronic communication is transmitted.

The definition of “trap and trace device” includes a device or process that identifies the originating number or other dialing, routing, addressing, and signaling information of an instrument or facility from which a wire or electronic communication was received.

Current law provides that the attorney general or a district attorney may apply for a court order from the circuit court for the county where the device is to be located to install a pen register or a trap and trace device to further a criminal investigation.

This bill allows the attorney general or a district attorney to apply for the court order for a pen register or trap and trace device from the circuit court for any county.

- 2024 Legislature - 2 - LRB-0092/1 EAW:klm SENATE BILL 331 Under the bill, a person is considered to be doing business in this state, for the purpose of a pen register or trap and trace device order, if the person contracts with or engages in a terms of service agreement with any other person for the use of a line, instrument, or facility, and any part of the performance of the contract or provision of service takes place within this state on any occasion.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1.

968.27 (13) of the statutes is amended to read:

968.27 (13) “Pen register" means a device or processthat records or decodes electronic or other impulses that identify the numbers dialed or otherwise dialing, routing, addressing, or signaling information transmitted on the telephone line to which the device is attached or by an instrument or facility from which a wire or electronic communication is transmitted.

“Pen register" does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by the provider or any device or processed by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

SECTION 2.

968.27 (15) of the statutes is amended to read:

968.27(15) “Trap and trace device" means a device or processat captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, and signaling information of an instrument or device reasonably likely to identify the source from which a wire or electronic communication was transmitted received.

SECTION 3.

968.35 (1) of the statutes is amended to read:

LRB-0092/1 - 2024 Legislature - 3 - EAW:klm SECTION 3 SENATE BILL 331 968.35(1) The attorney general or a district attorney may make application for an order or an extension of an order under s.

968.36 authorizing or approving the installation and use of a pen register or a trap and trace device, in writing under oath or equivalent affirmation, to a circuit courany county where the device is to be located.

SECTION 4.

968.36 (2) (a) of the statutes is amended to read:

968.36 (2) (a) Specify the identity, if known, of the person to whom is leased or in whose name is listed the telephone line, instrument, or facility the pen register or trap and trace device is to be attached.

SECTION 5.

968.36 (2) (c) of the statutes is amended to read:

968.36 (2) (c) Specify the number and, if known, the physical location of the telephone line, instrument, or facto which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order.

SECTION 6.

968.36 (5) (b) of the statutes is amended to read:

968.36 (5) (b) The person owning or leasing the line, instrument, or facility to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.

SECTION 7.

968.36 (6) of the statutes is created to read:

968.36 (6) For purposes of this section, a person is considered to be doing business in this state, and is subject to service and execution of process from this state, if the person makes a contract with or engages in a terms of service agreement with any other person for the use of a line, instrument, or facility, whether or not the - 2024 Legislature - 4 - LRB-0092/1 EAW:klm SENATE BILL 331 SECTION 7 other person is a resident of this state, and any part of the performance of the contract or provision of service takes place within this state on any occasion.

SECTION 8.

968.37 (2) of the statutes is amended to read: