EFTA01262798.pdf

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN THE MATTER OF AN APPLICATION OF
THE UNITED STATES OF AMERICA FOR
AN ORDER AUTHORIZING THE USE OF A SEALED APPLICATION
PEN REGISTER AND TRAP-AND-TRACE
DEVICE ON A CERTAIN TELEPHONE
Alex Rossmiller hereby affirms, under penalty of perjury, as follows:
I am an Assistant United States Attorney in the office of Geoffrey S. Berman, United
States Attorney for the Southern District of New York, and I am familiar with this matter.
1. The Government is seeking an order pursuant to 18 U.S.C. § 3123 authorizing the
installation and use of a pen register and trap-and-trace device (the "Requested Pen-Trap") for a
period of sixty (60) days following the date of this order, on the following phone line (the
"Target Phone") maintained by T-Mobile (the "Provider").
Phone number:
Subscriber Name: TERRAMAR PROJECT
2. The Government is seeking the Requested Pen-Trap in connection with a criminal
investigation conducted by the Federal Bureau of Investigation (the "Investigating Agency") of
FNU LNU and others known and unknown (the "Target Subjects"), in connection with possible
violations of 21 U.S.C. § 1591.
Legal Authority
3. A "pen register" is "a device or process which records or decodes dialing, routing,
addressing, or signaling information transmitted by an instrument or facility from which a wire
or electronic communication is transmitted." 18 U.S.C. § 3127(3). A "trap and trace device" is
defined as "a device or process which captures the incoming electronic or other impulses which
identify the originating number or other dialing, routing, addressing, and signaling information
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reasonably likely to identify the source of a wire or electronic communication." 18 U.S.C.
§ 3127(4).
4. In the context of traditional phone communications, pen registers capture the
destination phone numbers of outgoing calls and texts sent from a phone, while trap and trace
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 ("IP")
address. This number is used to route information between devices, for example, between two
computers.
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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(bX2) 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
2 The Government is also not seeking authorization to obtain post-cut-through dialed digits
("PCTDD"), 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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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 Other 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
tenninating 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
by the United States Attorney's Office and the Investigating Agency.
The foregoing is affirmed under the penalties of perjury, pursuant to 28 U.S.C. § 1746.
Dated: New York, New York
January 7, 2020
Alex Rdssmiller
Assistant United States Attorney
Southern District of New York
Telephone: 212-637-2415
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN THE MATTER OF AN APPLICATION OF
THE UNITED STATES OF AMERICA FOR
AN ORDER AUTHORIZING THE USE OF A SEALED ORDER
PEN REGISTER AND TRAP-AND-TRACE
DEVICE ON A CERTAIN TELEPHONE
WHEREAS an application has been made by Alex Rossmiller, an Assistant U.S.
Attorney in the Southern District of New York, pursuant to 18 U.S.C. §§ 3121-26, for an order
authorizing the installation and use of a pen register and trap-and-trace device (the "Requested
Pen-Trap") on the following phone line (the "Target Phone") maintained by T-Mobile (the
"Provider"):
Phone number:
Subscriber Name: TERRAMAR PROJECT
WHEREAS the applicant has certified that the information likely to be obtained from the
Requested Pen-Trap is relevant to an ongoing criminal investigation conducted by the Federal
Bureau of Investigation (the "Investigating Agency") of FNU LNU and others known and
unknown in connection with possible violations of 21 U.S.C. § 1591.
IT IS HEREBY ORDERED, pursuant to 18 U.S.C. §§ 3121-26, that the Investigating
Agency may direct the Provider to install the Requested Pen-Trap to identify 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 such communications; I
I The Provider is not required to provide post-cut-through dialed digits ("PCTDD"), or digits that
are dialed after a telephone call from the Target Phone has been connected. 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
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IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123(c)(1), that the use of the
Requested Pen-Trap is authorized for 60 days from the date of this Order;
IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123(6)(2), that the Provider
furnish any information, facilities, and technical assistance necessary to accomplish the
installation and operation of the Requested Pen-Trap unobtrusively and with a minimum of
disruption of normal service;
IT IS FURTHER ORDERED that the results of the Requested Pen-Trap shall be
furnished to the Investigating Agency at reasonable intervals during regular business hours for
the duration of this Order;
IT IS FURTHER ORDERED that the Provider be compensated by the Investigating
Agency for reasonable expenses incurred in executing this Order;
IT IS FURTHER ORDERED that the Provider notify the Investigating Agency of any
changes relating to the Target Phone, including changes to subscriber information, and provide
prior notice to the Investigating Agency before terminating service to the Target Phone; and
IT IS FURTHER ORDERED, pursuant to 18 U.S.C. § 3123(6), that the Provider not
disclose the Requested Pen-Trap or the existence of the underlying investigation to any person,
except as necessary to effectuate this Order, unless or until otherwise ordered by the Court, and
that this Order be sealed until otherwise ordered by this Court, except that copies may be
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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retained by the United States Attorney's Office for the Southern District of New York and the
Investigating Agency.
Dated: New York, New York S/Debra Fre,ernat,
January 2020
THE HONORABLE DEBRA FREEMAN
JAN 0 8 2020 UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW. YORK
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