S.D.Fla.: Pen register requests that includes subscriber changes overbroad

The pen register request under § 3124(b) is overbroad for the service provider to tell the government about changes in the account. In re Application of the United States, 2018 U.S. Dist. LEXIS 209036 (S.D. Fla. Nov. 29, 2018):

Even though Section 3124(b) is broader than Section 3124(a), Paragraph 12 of the Application is overbroad and therefore incompatible with the plain text of Section 3124(b). Section 3124(b) requires the cellular telephone company to provide information, facilities, and technical assistance relating to the “installation and operation of the device.” (emphasis added). Paragraph 12 seeks to compel disclosure of “any changes relating to the cell phone number, including changes to subscriber information.” (emphasis added). Changes to the phone number and the subscriber information could include information such as identifying information about a new subscriber, billing information, identities of authorized users on this phone, and other phones that are linked to the same account. This information has nothing to do with the operation of the device.