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6 Va. J. Crim. L. 1 (2018)

handle is hein.journals/virjcr6 and id is 1 raw text is: VIRGINIA JOURNAL OF CRIMINAL LAW VOL. 6 2018 No. 1 THE PEN-TRAP STATUTE AND THE INTERNET Josh A. Goldfoot( ABSTRACT Internet-connected computers might be illegal under the Pen Registers and Trap and Trace Devices chapter of Title 18, which is called the Pen-Trap Statute for short. The Pen-Trap Statute criminally prohibits any person from collecting non-content information from communications. One reading of the Statute suggests that cell phones, Wi-Fi, the Internet, and other modern technologies all fall under the Pen-Trap Statute's broad definitions of pen register or trap and trace device, and, therefore, their use is a federal misdemeanor. Recognizing this problem, courts have struggled to find narrow readings of the Statute that would exclude J.D., University of Virginia, 1999; B.A., Yale University, 1996; Principal Deputy Chief (Acting), Computer Crime & Intellectual Property Section, Criminal Division, U.S. Department of Justice, 2016-present; Deputy Chief for Cyber Policy, National Security Division, 2013-2016; Senior Counsel, Computer Crime and Intellectual Property Section, U.S. Department of Justice, 2005- 2013. All statements of fact, opinion, or analysis expressed are mine and do not necessarily reflect the official positions or views of the Department of Justice or any other U.S. government agency. Nothing in the content of this Article should be construed as asserting or implying U.S. government authentication of information or agency endorsement of the author's views. This material has been reviewed by the Department of Justice to prevent disclosure of classified information. I would like to thank John Lynch, Aditya Bamzai, Jonathan Mayer, Michael Stawasz, and Matthew Berry for comments that helped inform the thoughts presented in this article.

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