U.S. v. N.Y. Telephone

Citation: U.S. v. New York Telephone Co., 434 U.S. 159 (1977)(full-text).

Factual Background
The U.S. District Court had authorized the FBI to install and use a pen register surveillance device on two telephones used by the suspects of a government investigation. The court also directed the telephone company to furnish the FBI "all information, facilities and technical assistance" necessary to install and use the device. The telephone company refused to lease the FBI the phone lines needed for unobtrusive installation of the pen register, and asked the court to vacate that portion of the order directing it to furnish facilities and technical assistance to the FBI on the ground that such a directive could be issued only in connection with a Title III wiretap order.

The Court of Appeals held that the District Court had abused its discretion in ordering the telephone company to assist in installing and operating the pen registers, and expressed concern that such a requirement could establish an undesirable precedent for the authority of the federal courts to impress unwilling aid on private third parties.

U.S. Supreme Court Proceedings
The U.S. Supreme Court looked at the All Writs Act, which states:

"The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."

The Court noted that "[t]he assistance of the Company was required . . . to implement a pen register order which . . . the District Court was empowered to issue."