EPSTEIN
page 2 / 9181 . OCR, unverified
devices capture the phone numbers of incoming calls and texts received by a phone. Similar
principles apply to other kinds of wire and electronic communications, including Internet
communications, which most phones today are used to send and receive in addition to phone
communications.
5.
On the Internet, data transferred between devices is not sent as a continuous
stream, but rather the data are split into discrete "packets." Generally, a single communication is
sent as a series of packets. When the packets reach their destination, the receiving device
reassembles them into the complete communication. Each packet has two parts: a "header,"
which contains routing and control information, and a "payload," which generally contains user
data.
6.
In particular, a packet header reflects the following information:
• the source IP address' from which the packet was sent and the destination IP
address to which the packet is directed;
•
the communications port associated with the packet, reflecting the type of
communication involved (e.g., web, email, FTP); and
•
the date/time of the communication.
Every device on the Internet is identified by a unique number called an Internet protocol ("EP")
address. This number is used to route information between devices, for example, between two
computers.
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SONY_GM_00000004
EFTA_00114088
EFTA01262785
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7.
The information sought through the Requested Pen-Trap does not include the
"contents" of communications within the meaning of the Wiretap Statute, as it does not include
"information concerning the substance, purport, or meaning" of any communication. 18 U.S.C.
§ 2510(8). The Government is not requesting, and does not seek to obtain, the contents of any
communications. 2
Certification and Request
8.
I am familiar with the facts of this investigation from my review of relevant
records and my discussions with the case agents involved. Based on those records and
discussions, I hereby certify, pursuant to 18 U.S.C. § 3123(a)(1), that the information likely to be
obtained from the Requested Pen-Trap is relevant to the Investigating Agency's ongoing
criminal investigation of the Target Subjects.
9.
Accordingly, the Government requests that the Court enter an order authorizing
the installation and use of the Requested Pen-Trap to collect the phone numbers and/or IP
addresses and communications ports associated with any phone, text, or data communications to
or from the Target Phone, along with the date, time, and duration (but not the contents) of the
communication, for a period of 60 days.
10.
The Government further requests, pursuant to 18 U.S.C. §§ 3123(6)(2) and
3124(a)-(b), that the Order direct the Provider and any other person or entity providing wire or
electronic communication service in the United States whose assistance may facilitate execution
The Government is also not seeking authorization to obtain post-cut-through dialed digits
(TCTDD"), or digits that are dialed after a telephone call from the Target Phone has been
connected. Pursuant to the attached Order, if possible, the Provider will forward only pre-cut-
through-dialed digits to the Investigating Agency. However, if the Provider's technical
capabilities require it to forward all dialed digits, including PCTDD, to the Investigating Agency,
the Investigating Agency will only decode and forward to the agents assigned to the investigation
the numbers that are dialed before the call is cut through.
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SDNY_GM_00000005
EFTA_00114089
EFTA01262786
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of this Order to furnish, upon service of the Order, any information, facilities, and technical
assistance necessary to install the Requested Pen-Trap unobtrusively and with minimum
disruption of normal service. Any entity providing such assistance shall be reasonably
compensated by the Investigating Agency, pursuant to 18 U.S.C. § 3124(c), for reasonable
expenses incurred in providing facilities and assistance in furtherance of this Order.
11.
The Government further requests that the Order direct that the information
collected through the Requested Pen-Trap be furnished to the Investigating Agency at reasonable
intervals during regular business hours for the duration of the Order.
12.
The Government further requests that the Order direct the Provider to notify the
Investigating Agency of any changes relating to the Target Phone, including changes to
subscriber information, and to provide prior notice to the Investigating Agency before
terminating service to the Target Phone.
13.
The Government further requests, pursuant to 18 U.S.C. § 3123(d), that the
Provider and its agents and employees be directed to refrain from disclosing the Requested Pen-
Trap or the existence of the underlying investigation, except as necessary to effectuate the Order,
unless and until authorized by this Court, and that the Clerk of Court be directed to seal the
Order (and this Application) until further order of this Court, except that copies may be retained