James L. Hodge v. The Mountain States Telephone and Telegraph Company, a Foreign Corporation

HUFSTEDLER, Circuit Judge,

specially concurring:

While I join in the result reached by Judge Renfrew, I cannot concur in his reasoning in concluding that Section 605, 47 U.S.C. § 605 (1976), does not prohibit the use of pen registers and that the Fourth Amendment does not restrict the use of a pen register.

I

The problem presented by this appeal is one of interpretation: Did Congress intend to permit or prohibit pen registers under Section 605? This process of interpretation requires us to explore both legislative history and the judicial reception to pen registers under Section 605. While Judge…