Issues Raised by the Application of the Pen Register Statutes to Authorize Government Collection of Information on Packet-Switched Networks
6 VA. J. L. & TECH. 4 (2001)
In the 1990’s, the federal government exercised its authority under the Pen Register Statutes to obtain e-mail addresses, and perhaps other Internet-based information, using a disclosed program code-named “Carnivore.” Given the unique nature of the Internet as a “packet-switched” network -- combining both call routing information and content in the same information “packets” that are disassembled at one end of a communications chain and reassembled at the other -- many issues have arisen regarding whether or not the Pen Register Statutes, if applied to the Internet, would authorize government access to the content of communications under relatively low legal standards when a warrant based on probable cause would otherwise be required. This article explores these issues.
