Electronic Communications Privacy Act

Table of contents

 

2510. Definitions

2511. Interception and disclosure of wire, oral, or electronic communications prohibited

2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited

2513. Confiscation of wire, oral, or electronic communication intercepting devices

2514. Repealed. Pub.L. 91-452, Title II, 227(a), Oct. 15, 1970, 84 Stat. 930]

2515. Prohibition of use as evidence of intercepted wire or oral communications

2516. Authorization for interception of wire, oral, or electronic communications

2517. Authorization for disclosure and use of intercepted wire, oral, or electronic communications

2518. Procedure for interception of wire, oral, or electronic communications

2519. Reports concerning intercepted wire, oral, or electronic communications

2520. Recovery of civil damages authorized

2521. Injunction against illegal interception

2701. Unlawful access to stored communications

2702. Disclosure of contents

2703. Requirements for governmental access

2704. Backup preservation

2705. Delayed notice

2706. Cost reimbursement

2707. Civil action

2708. Exclusivity of remedies

2709. Counterintelligence access to telephone toll and transactional records

2710. Wrongful disclosure of video tape rental or sale records

3117. Mobile tracking devices

3121. General prohibition on pen register and trap and trace device use; exception

3122. Application for an order for a pen register or a trap and trace device

3123. Issuance of an order for a pen register or a trap and trace device

3124. Assistance in installation and use of a pen register or a trap and trace device

3125. Emergency pen register and trap and trace device installation

3126. Reports concerning pen registers and trap and trace devices

3127. Definitions for chapter

 

Text of statute

2510. Definitions

As used in this chapter--

(1) "wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications for communications affecting interstate or foreign commerce and such term includes any electronic storage of such communication, but such term does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;

(2) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication;

(3) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States;

(4) "intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device;

(5) "electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than--

(a) any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) being used by a provider of wire or electronic communication service in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties;

(b) a hearing aid or similar device being used to correct subnormal hearing to not better than normal;

(6) "person" means any employee, or agent of the United States or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation;

(7) "Investigative or law enforcement officer" means any officer of the United States or of a State or political subdivision thereof, who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses;

(8) "contents", when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication;

(9) "Judge of competent jurisdiction" means--

(a) a judge of a United States district court or a United States court of appeals; and

(b) a judge of any court of general criminal jurisdiction of a State who is authorized by a statute of that State to enter orders authorizing interceptions of wire, oral, or electronic communications;

(10) "communication common carrier" shall have the same meaning which is given the term "common carrier" by section 153(h) of title 47 of the United States Code;

(11) "aggrieved person" means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed;

(12) "electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but does not include--

(A) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;

(B) any wire or oral communication;

(C) any communication made through a tone-only paging device; or

(D) any communication from a tracking device (as defined in section 3117 of this title);

(13) "user" means any person or entity who--

(A) uses an electronic communication service; and

(B) is duly authorized by the provider of such service to engage in such use;

(14) "electronic communications system" means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;

(15) "electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications;

(16) "readily accessible to the general public" means, with respect to a radio communication, that such communication is not--

(A) scrambled or encrypted:

(B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;

(C) carried on a subcarrier or other signal subsidiary to a radio transmission;

(D) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or

(E) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;

(17) "electronic storage" means--

(A) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and

(B) any storage of such communication by an electronic communication service for purposes of backup protection of such communication; and

(18) "aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 212.)

1993 Supplemental Credit(s)

(As amended Pub.L. 99-508, Title I, 101(a), (c)(1)(A), (4), Oct. 21, 1986, 100 Stat. 1848, 1851.)

HISTORICAL AND STATUTORY NOTES

References in Text

Section 153(h) of title 47 of the United States Code, referred to in par. (10), is 153(h) of Title 47, Telegraphs, Telphones, and Radiotelegraphs.

1986 Amendment

Par. (1). Pub.L, 99-508, 101(a)(1), substituted "any aural transfer made" for "any communication made", "reception (including the use of such connection in a switching station) furnished" for "reception furnished", "engaged in providing" for "engaged as a common carrier in providing", and added "or communications affecting interstate or foreign commerce and such term includes any electronic storage of such communication, but such term does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit" following "foreign communications".

Par. (2). Pub.L. 99-508, 101(a)(2), added ", but such term does not include any electronic communication" following "such expectation".

Par. (4). Pub.L. 99-508, 101(a)(3), substituted "aural or other acquisition" for "aural acquisition" and "wire, electronic, or oral" for "wire or oral".

Par. (5). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (5)(a). Pub.L. 99-508, 101(c)(4), substituted "provider of wire or electronic communication service" for "communications common carrier" in cls. (i) and (ii).

Par. (5)(a)(i). Pub.L. 99-508, 101(a)(4), added "or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business" preceding "; or".

Par. (8). Pub.L. 99-508, 101(a)(5), substituted "concerning the substance" for "concerning the identity of the parties to such communication or the existence, substance".

Par. (8). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (9)(b). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (11). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Pars. (12) to (18). Pub.L. 99-508, 101(a)(6), added pars. (12) to (18).

Effective Date of 1986 Amendment

Section 111 of Pub.L. 99-508 provided that:

"(a) In general.--Except as provided in subsection (b) or (c), this title and the amendments made by this title [enacting sections 2521 and 3117 of this title, amending this section and sections 2232, 2511 to 2513, 2516(1)(a), (1)(c), (1)(g) to (l), (2), (3), and 2517 to 2520 of this title, and enacting provisions set out as notes under this section] shall take effect 90 days after the date of the enactment of this Act [Oct. 21, 1986] and shall, in the case of conduct pursuant to a court order or extension, apply only with respect to court orders or extensions made after this title takes effect.

"(b) Special Rule for State Authorizations of Interceptions.--Any interception pursuant to section 2516(2) of title 18 of the United States Code which would be valid and lawful without regard to the amendments made by this title [enacting sections 2521 and 3117 of this title, amending this section and sections 2232, 2511 to 2513, 2516(1)(a), (1)(c), (1)(g) to (l), (2), (3), and 2517 to 2520 of this title, and enacting provisions set out as notes under this section] shall be valid and lawful notwithstanding such amendments if such interception occurs during the period beginning on the date such amendments take effect and ending on the earlier of--

"(1) the day before the date of the taking effect of State law conforming the applicable State statute with chapter 119 of title 18, United States Code, as so amended; or

"(2) the date two years after the date of the enactment of this Act [Oct. 21, 1986].

"(c) Effective Date for Certain Approvals by Justice Department Officials.-- Section 104 of this Act [amending section 2516(1) of this title] shall take effect on the date of enactment of this Act [Oct. 21, 1986]."

Short Title of 1986 Amendment

Section 1 of Pub.L. 99-508 provided that: "This Act [enacting sections 1367, 2521, 2701 to 2710, 3117, and 3121 to 3126 of this title, amending this section and sections 2232, 2511 to 2513, and 2516 to 2520 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Electronic Communications Privacy Act of 1986'. ".

Repeals

Section 1212 of the Act of Oct. 15, 1970, Pub.L. 91-452, repealed section 804 of the Act of July 19, 1968, Pub.L. 90-351.

However, section 20 of the Act of Jan. 2, 1971, Pub.L. 91-644, repealed Section 1212 of Pub.L. 91-452 and contained certain amendments to section 804 of Pub.L. 90-351, which are set out above.

Intelligence Activities

Section 107 of Pub.L. 99-508 provided that:

"(a) In general.--Nothing in this Act [Pub.L. 99-508, Oct. 21, 1986, 100 Stat. 1858] or the amendments made by this Act [for classification, see Short Title note set out above] constitutes authority for the conduct of any intelligence activity.

"(b) Certain Activities Under Procedures Approved by the Attorney General.-- Nothing in chapter 119 or chapter 121 of title 18, United States Code, shall affect the conduct, by officers or employees of the United States Government in accordance with other applicable Federal law, under procedures approved by the Attorney General of activities intended to--

"(1) intercept encrypted or other official communications of United States executive branch entities or United States Government contractors for communications security purposes;

"(2) intercept radio communications transmitted between or among foreign powers or agents of a foreign power as defined by the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C.A. 1801 et seq.]; or

"(3) access an electronic communication system used exclusively by a foreign power or agent of a foreign power as defined by the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C.A. 1801 et seq.]."

Congressional Findings

Section 801 of Pub.L. 90-351 provided that:

"On the basis of its own investigations and of published studies, the Congress makes the following findings:

"(a) Wire communications are normally conducted through the use of facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications. There has been extensive wiretapping carried on without legal sanctions, and without the consent of any of the parties to the conversation. Electronic, mechanical, and other intercepting devices are being used to overhear oral conversations made in private, without the consent of any of the parties to such communications. The contents of these communications and evidence derived therefrom are being used by public and private parties as evidence in court and administrative proceedings and by persons whose activities affect interstate commerce. The possession, manufacture, distribution, advertising, and use of these devices are facilitated by interstate commerce.

"(b) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings, and to prevent the obstruction of interstate commerce, it is necessary for Congress to define on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized, to prohibit any unauthorized interception of such communications, and the use of the contents thereof in evidence in courts and administrative proceedings.

"(c) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice.

"(d) To safeguard the privacy of innocent persons, the interception of wire or oral communications where none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral communications should further be limited to certain major types of offenses and specific categories of crime with assurances that the interception is justified and that the information obtained thereby will not be misused."

Repeal and Revival

Pub.L. 93-609, 4, Jan. 2, 1975, 88 Stat. 1973, provided that: "For purposes of section 108 of title 1, United States Code, section 20(c) of the Omnibus Crime Control Act of 1970 [repealing section 1212 of Organized Crime Control Act of 1970] shall be deemed to provide expressly for the revival of section 804 of the Omnibus Crime Control and Safe Streets Act of 1968 [set out as a note under this section]."

National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance

Section 804 of Pub.L. 90-351, as amended by Pub.L. 91-644, Title VI, 20, Jan. 2, 1971, 84 Stat. 1892; Pub.L. 93-609, ss 1-3, Jan. 2, 1975, 88 Stat. 1972, 1973; Pub.L. 94-176, Dec. 23, 1975, 89 Stat. 1031, provided that:

"(a) [Establishment] There is hereby established a National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance (hereinafter in this section referred to as the 'Commission').

"(b) [Membership] The Commission shall be composed of fifteen members appointed as follows:

"(A) Four appointed by the President of the Senate from Members of the Senate;

"(B) Four appointed by the Speaker of the House of Representatives from Members of the House of Representatives; and

"(C) Seven appointed by the President of the United States from all segments of life in the United States, including lawyers, teachers, artists, businessmen, newspapermen, jurists, policemen, and community leaders, none of whom shall be officers of the executive branch of the Government.

"(c) [Chairman; vacancies] The President of the United States shall designate a Chairman from among the members of the Commission. Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made.

"(d) [Function] It shall be the duty of the Commission to conduct a comprehensive study and review of the operation of the provisions of this title, in effect on the effective date of this section, to determine the effectiveness of such provisions during the six-year period immediately following the date of their enactment [June 19, 1968].

"(e) [Personnel; appointment; compensation and qualifications] (1) Subject to such rules and regulations as may be adopted by the Commission the Chairman shall have the power to--

"(A) appoint and fix the compensation of an Executive Director, and such additional staff personnel as he deems necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and

"(B) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $100 a day for individuals.

"(2) In making appointments pursuant to paragraph (1) of this subsection, the Chairman shall include among his appointment individuals determined by the Chairman to be competent social scientists, lawyers, and law enforcement officers.

"(f) [Compensation, travel and other expenses] (1) A member of the Commission who is a Member of Congress shall serve without additional compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission.

"(2) A member of the Commission from private life shall receive $100 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties.

"(g) [Hearings; Cooperation of Federal and State Agencies] (1) Notwithstanding section 2515 of title 18, United States Code, the Commission or any duly authorized subcommittee or member thereof may, for the purpose of carrying out the provisions of this title, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpena or otherwise the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers and documents as the Commission or such subcommittee or member may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. Subpenas may be issued under the signature of the Chairman or any duly designated member of the Commission, and may be served by any person designated by the Chairman or such member.

"(2) In the case of contumacy or refusal to obey a subpena issued under subsection (1) by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, the district court, at the request of the Chairman of the Commission, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee or member thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under inquiry. Any failure of any such person to obey any such order of the court may be punished by the court as a contempt thereof.

"(3) The Commission shall be 'an agency of the United States' under subsection (1), section 6001, title 18, United States Code for the purpose of granting immunity to witnesses.

"(4) Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman, on a reimbursable basis or otherwise, such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this title. The Chairman is further authorized to call upon the departments, agencies, and other offices of the several States, to furnish, on a reimbursable basis or otherwise, such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this title.

"(5) Whenever the Commission or any subcommittee determines by majority vote to meet in a closed session, sections 10(a) (1) and (3) and 10(b) of the Federal Advisory Committee Act (86 Stat. 770; 5 U.S.C. Appendix) shall not apply with respect to such meeting, and section 552 of title 5, United States Code, shall not apply to the records, reports, and transcripts of any such meeting.

"(h) [Reports to President and Congress; termination date] The Commission shall make such interim reports as it deems advisable, and it shall make a final report of its findings and recommendations to the President of the United States and to the Congress on or before April 30, 1976. Sixty days after submission of its final report, the Commission shall cease to exist.

"(i) [Conflict of interest; exemption] (1) Except as provided in paragraph (2) of this subsection, any member of the Commission is exempted, with respect to his appointment, from the operation of sections 203, 205, 207, and 209 of title 18, United States Code.

"(2) The exemption granted by paragraph (1) of this subsection shall not extend--

"(A) to the receipt of payment of salary in connection with the appointee's Government service from any source other than the private employer of the appointee at the time of his appointment, or

"(B) during the period of such appointment, to the prosecution, by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment.

"(j) [Appropriations] There is authorized to be appropriated such sum as may be necessary to carry out the provisions of this section.

"(k) [Effective Date] The foregoing provisions of this section shall take effect upon the expiration of the fifth year period immediately following the date of the enactment of this Act [June 19, 1968]."

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2510

18 USCA 2510

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2511. Interception and disclosure of wire, oral, or electronic communications prohibited

(1) Except as otherwise specifically provided in this chapter any person who--

(a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;

(b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when--

(i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or

(ii) such device transmits communications by radio, or interferes with the transmission of such communication; or

(iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or

(iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or

(v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States;

(c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or

(d) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5).

(2) (a) (i) It shall not be unlawful under this chapter for an operator of a switchboard, or on officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

(ii) Notwithstanding any other law, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with--

(A) a court order directing such assistance signed by the authorizing judge, or

(B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required,

setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this chapter, except as may otherwise be required by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any such disclosure, shall render such person liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order or certification under this chapter.

(b) It shall not be unlawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of chapter 5 of title 47 of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained.

(c) It shall not be unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

(e) Notwithstanding any other provision of this title or section 705 or 706 of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act.

(f) Nothing contained in this chapter or chapter 121, or section 705 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire and oral communications may be conducted.

(g) It shall not be unlawful under this chapter or chapter 121 of this title for any person--

(i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;

(ii) to intercept any radio communication which is transmitted--

(I) by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;

(II) by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;

(III) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or

(IV) by any marine or aeronautical communications system;

(iii) to engage in any conduct which--

(I) is prohibited by section 633 of the Communications Act of 1934; or

(II) is excepted from the application of section 705(a) of the Communications Act of 1934 by section 705(b) of that Act;

(iv) to intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or

(v) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.

(h) It shall not be unlawful under this chapter--

(i) to use a pen register or a trap and trace device (as those terms are defined for the purposes of chapter 206 (relating to pen registers and trap and trace devices) of this title); or

(ii) for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful or abusive use of such service.

(3)(a) Except as provided in paragraph (b) of this subsection, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.

(b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication--

(i) as otherwise authorized in section 2511(2)(a) or 2517 of this title;

(ii) with the lawful consent of the originator or any addressee or intended recipient of such communication;

(iii) to a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or

(iv) which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.

(4)(a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both.

(b) If the offense is a first offense under paragraph (a) of this subsection and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense under paragraph (a) is a radio communication that is not scrambled or encrypted, then--

(i) if the communication is not the radio portion of a cellular telephone communication, a public land mobile radio service communication or a paging service communication, and the conduct is not that described in subsection (5), the offender shall be fined under this title or imprisoned not more than one year, or both; and

(ii) if the communication is the radio portion of a cellular telephone communication, a public land mobile radio service communication or a paging service communication, the offender shall be fined not more than $500.

(c) Conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted--

(i) to a broadcasting station for purposes of retransmission to the general public; or

(ii) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls,

is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain.

(5)(a)(i) If the communication is--

(A) a private satellite video communication that is not scrambled or encrypted and the conduct in violation of this chapter is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or

(B) a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct in violation of this chapter is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain,

then the person who engages in such conduct shall be subject to suit by the Federal Government in a court of competent jurisdiction.

(ii) In an action under this subsection--

(A) if the violation of this chapter is a first offense for the person under paragraph (a) of subsection (4) and such person has not been found liable in a civil action under section 2520 of this title, the Federal Government shall be entitled to appropriate injunctive relief; and

(B) if the violation of this chapter is a second or subsequent offense under paragraph (a) of subsection (4) or such person has been found liable in any prior civil action under section 2520, the person shall be subject to a mandatory $500 civil fine.

(b) The court may use any means within its authority to enforce an injunction issued under paragraph (ii)(A), and shall impose a civil fine of not less than $500 for each violation of such an injunction.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 213.)

1993 Supplemental Credit(s)

(As amended Pub.L. 91-358, Title II, 211(a), July 29, 1970, 84 Stat. 654; Pub.L. 95-511, Title II, 201(a)-(c), Oct. 25, 1978, 92 Stat. 1796, 1797; Pub.L. 98-549, 6(b)(2), Oct. 30, 1984, 98 Stat. 2804; Pub.L. 99-508, Title I, ss 101(b), (c)(1), (5), (6), (d), (f), 102, Oct. 21, 1986, 100 Stat. 1849- 1853.)

HISTORICAL AND STATUTORY NOTES

References in Text

Chapter 5 of title 47 of the United States Code, referred to in par. (2)(b), is chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. Such chapter 5, set out as 151 et seq. of Title 47, is the Communications Act of 1934.

Sections 705 and 706 of the Communications Act of 1934, referred to in par. (2)(e), (f), and (g), are classified to sections 605 and 606 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, respectively.

The Foreign Intelligence Surveillance Act of 1978, referred to in pars. (2) (e) and (f), is Pub.L. 95-511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (section 1801 et seq.) of Title 50, War and National Defense. Section 101 of the Foreign Intelligence Surveillance Act of 1978, referred to in pars. (2) (a) (ii), (e), and (f), is classified to section 1801 of Title 50. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.

Section 633 of the Communications Act of 1934, referred to in par. (2)(g), is classified to section 553 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.

1986 Amendment

Catchline. Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (1). Pub.L. 99-508, 101(d)(1), substituted "shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5)" for "shall be fined not more than $10,000 or imprisoned not more than five years, or both".

Par. (1)(a). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (1)(a). Pub.L. 99-508, 101(f)(1), substituted "intentionally" for "willfully".

Par. (1)(b). Pub.L. 99-508, 101(f)(1), substituted "intentionally" for "willfully".

Par. (1)(c). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (1)(c). Pub.L. 99-508, 101(f)(1), substituted "intentionally" for "willfully".

Par. (1)(d). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (1)(d). Pub.L. 99-508, 101(f)(1), substituted "intentionally" for "willfully".

Par. (2)(a)(i). Pub.L. 99-508, 101(c)(5), substituted "agent of a provider of wire or electronic communication service" for "agent of any communication common carrier" and "property of the provider of that service, except that a provider of wire communication service to the public shall" for "property of the carrier of such communication: Provided, that said communication common carriers shall".

Par. (2)(a)(ii). Pub.L. 99-508, 101(b)(1), substituted "Any such disclosure shall" for "Any violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof, shall", "render such person liable" for "render the carrier liable", and "the terms of a court order or certification under this chapter" for "the terms of an order or certification under this subparagraph".

Par. (2)(a)(ii). Pub.L. 99-508, 101(c)(6), substituted "providers of wire or electronic communication service" for "communication common carriers", "provider of wire or electronic communication service" for "communication common carrier" wherever appearing in text, and "if such provider" for "if the common carrier".

Par. (2)(a)(ii). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (2)(b). Pub.L. 99-508, 101(c)(1)(B), substituted "wire or electronic communication" for "wire communication".

Par. (2)(c). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (2)(d). Pub.L. 99-508, 101(b)(2), substituted "of any State." for "of any State or for the purpose of committing any other injurious act.".

Par. (2)(d). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (2)(f). Pub.L. 99-508, 101(b)(3), substituted "contained in this chapter or chapter 121, or section" for "contained in this chapter, or section", "procedures in this chapter or chapter 121 and the" for "procedures in this chapter and the", and "foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means" for "foreign communications by a means".

Par. (2)(f). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (2)(g), (h). Pub.L. 99-508, 101(b)(4), added subpars. (g) and (h).

Par. (3). Pub.L. 99-508, 102, added par. (3).

Pars. (4), (5). Pub.L. 99-508, 101(d)(2), added pars. (4) and (5).

1984 Amendment

Par. (2)(e). Pub.L. 98-549, 6(b)(2)(A), substituted "section 705 or 706" for "section 605 or 606".

Par. (2)(f). Pub.L. 98-549, 6(b)(2)(B), substituted "section 705" for "section 605".

1978 Amendment

Par. (2)(a)(ii). Pub.L. 95-511, 201(a), substituted provisions authorizing communication common carriers etc., to provide information to designated persons, prohibiting disclosure of intercepted information, and rendering violators civilly liable for provision exempting communication common carriers from criminality for giving information to designated officers.

Par. (2) (e). Pub.L. 95-511, 201(b), added par. (2) (e).

Par. (2) (f). Pub.L. 95-511, 201(b), added par. (2) (f).

Par. (3). Pub.L. 95-511, 201(c), struck out par. (3) which provided that nothing in this chapter or section 605 of Title 47 limited the President's constitutional power to gather necessary intelligence to protect the national security and stated the conditions necessary for the reception into evidence and disclosure of communications intercepted by the President.

1970 Amendment

Subsec. (2)(a)(i). Pub.L. 91-358, 211(a)(1), designated existing provisions as subsec. (2)(a)(i).

Subsec. (2) (a) (ii). Pub.L. 91-358, 211(a) (2), added subsec. (2) (a) (ii).

Effective Date of 1986 Amendment

Except as otherwise provided in section 111 of Pub.L. 99-508, amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986, see section 111 of Pub.L. 99-508 set out as a note under section 2510 of this title.

Effective Date of 1984 Amendment

Amendment by Pub.L. 98-549 to take effect 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub.L. 98-549, set out as a note under section 521 of Title 47, Telegraphs, Telephones and Radiotelegraphs.

Effective Date of 1978 Amendment

Amendment by Pub.L. 95-511 effective Oct. 25, 1978, except as specifically provided, see section 301 of Pub.L. 95-511, set out as an Effective Date note under section 1801 of Title 50, War and National Defense.

Effective Date of 1970 Amendment

Section 901(a) of Pub.L. 91-358 provided in part that the amendment of this section by Pub.L. 91-358 shall take effect on the first day of the seventh calendar month which begins after July 29, 1970.

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 95-511, see 1978 U.S. Code Cong. and Adm. News, p. 3904. See, also, Pub.L. 98-549, 1984 U.S. Code Cong. and Adm. News, p. 4655; Pub.L. 99-508, 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2511

18 USCA 2511

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2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited

(1) Except as otherwise specifically provided in this chapter, any person who intentionally--

(a) sends through the mail, or sends or carries in interstate or foreign commerce, any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications;

(b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, and that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or

(c) places in any newspaper, magazine, handbill, or other publication any advertisement of--

(i) any electronic mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; or

(ii) any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire, oral, or electronic communications,

knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce,

shall be fined not more than $10,000 or imprisoned not more than five years, or both.

(2) It shall not be unlawful under this section for--

(a) a provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communications service, or

(b) an officer, agent, or employee of, or a person under contract with, the United States, a State, or a political subdivision thereof, in the normal course of the activities of the United States, a State, or a political subdivision thereof, to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 214.)

1993 Supplemental Credit(s)

(As amended Pub.L. 99-508, Title I, 101(c)(1)(A), (7), (f)(2), Oct. 21, 1986, 100 Stat. 1851, 1853.)

HISTORICAL AND STATUTORY NOTES

1986 Amendment

Catchline Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (1). Pub.L. 99-508, 101(f)(2), substituted "intentionally" for "willfully".

Par. (1)(a). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (1)(b). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (1)(c)(i). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (1)(c)(ii). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (2)(a). Pub.L. 99-508, 101(c)(7), substituted "a provider of wire or electronic communication service or" for "a communications common carrier or", "such a provider, in" for "a communications common carrier, in", and "course of the business of providing that wire or electronic communication service," for "course of the communications common carrier's business".

Par. (2)(b). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Effective Date of 1986 Amendment

Except as otherwise provided in section 111 of Pub.L. 99-508, amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986, see section 111 of Pub.L. 99-508 set out as a note under section 2510 of this title.

Effect of Regulations Prohibiting Cellular Telecommunications Interception on Other Laws

For provision relating to the effect of regulations prohibiting manufacture of scanning receivers capable of receiving cellular telecommunications on other laws, see section 403(c) of Pub.L. 102-556, Oct. 28, 1992, 106 Stat. 4195, set out as a note under section 302a of Title 47, Telegraphs, Telephones, and Radiotelegraphs.

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm. News, p. 3555.

18 U.S.C.A. 2512

18 USCA 2512

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2513. Confiscation of wire, oral, or electronic communication intercepting devices

Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of section 2511 or section 2512 of this chapter may be seized and forfeited to the United States. All provisions of law relating to (1) the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with respect to seizure and forfeiture of electronic, mechanical, or other intercepting devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 215.)

1993 Supplemental Credit(s)

(As amended Pub.L. 99-508, Title I, 101(c)(1)(A), Oct. 21, 1986, 100 Stat. 1851.)

HISTORICAL AND STATUTORY NOTES

References in Text

Title 19 of the United States Code, referred to in text, is Title 19, Customs Duties.

1986 Amendment

Catchline. Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Effective Date of 1986 Amendment

Except as otherwise provided in section 111 of Pub.L. 99-508, amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986, see section 111 of Pub.L. 99-508 set out as a note under section 2510 of this title.

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 99-508, see 1986, U.S. Code Cong. and Adm. News, p. 3555.

18 U.S.C.A. 2513

18 USCA 2513

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[s 2514. Repealed. Pub.L. 91-452, Title II, 227(a), Oct. 15, 1970, 84 Stat. 930]

HISTORICAL AND STATUTORY NOTES

Section, Pub.L. 90-351, Title II, 802, June 19, 1968, 82 Stat. 216, provided for immunity of witnesses giving testimony or producing evidence under compulsion in Federal grand jury or court proceedings. Subject matter is now covered in sections 6002 and 6003 of this title.

Effective Date of Repeal

Sections 227(a), 260 of Pub.L. 91-452 provided for repeal of this section effective four years following sixtieth day after date of enactment of Pub.L. 91-452, which was approved Oct. 15, 1970, such repeal not affecting any immunity to which any individual was entitled under this section by reason of any testimony or other information given before such date. See section 260 of Pub.L. 91-452, set out as a note under section 6001 of this title.

18 U.S.C.A. 2514

18 USCA 2514

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2515. Prohibition of use as evidence of intercepted wire or oral communications

Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 216.)

HISTORICAL AND STATUTORY NOTES

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

18 U.S.C.A. 2515

18 USCA 2515

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2516. Authorization for interception of wire, oral, or electronic communications

(1) The Attorney General, Deputy Attorney General, Associate Attorney General, or any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General in the Criminal Division specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant in conformity with section 2518 of this chapter an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or a Federal agency having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of--

(a) any offense punishable by death or by imprisonment for more than one year under sections 2274 through 2277 of title 42 of the United States Code (relating to the enforcement of the Atomic Energy Act of 1954), section 2284 of title 42 of the United States Code (relating to sabotage of nuclear facilities or fuel), or under the following chapters of this title: chapter 37 (relating to espionage), chapter 105 (relating to sabotage), chapter 115 (relating to treason), chapter 102 (relating to riots) chapter 65 (relating to malicious mischief), chapter 111 (relating to destruction of vessels), or chapter 81 (relating to piracy);

(b) a violation of section 186 or section 501(c) of title 29, United States Code (dealing with restrictions on payments and loans to labor organizations), or any offense which involves murder, kidnapping, robbery, or extortion, and which is punishable under this title;

(c) any offense which is punishable under the following sections of this title: section 201 (bribery of public officials and witnesses), section 215 (relating to bribery of bank officials), section 224 (bribery in sporting contests), subsection (d), (e), (f), (g), (h), or (i) of section 844 (unlawful use of explosives), section 1032 (relating to concealment of assets), section 1084 (transmission of wagering information), section 751 (relating to escape), section 1014 (relating to loans and credit applications generally; renewals and discounts), sections 1503, 1512, and 1513 (influencing or injuring an officer, juror, or witness generally), section 1510 (obstruction of criminal investigations), section 1511 (obstruction of State or local law enforcement), section 1751 (Presidential and Presidential staff assassination, kidnaping, and assault), section 1951 (interference with commerce by threats or violence), section 1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), section 1958 (relating to use of interstate commerce facilities in the commission of murder for hire), section 1959 (relating to violent crimes in aid of racketeering activity), section 1954 (offer, acceptance, or solicitation to influence operations of employee benefit plan), section 1955 (prohibition of business enterprises of gambling), section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 659 (theft from interstate shipment), section 664 (embezzlement from pension and welfare funds), section 1343 (fraud by wire, radio, or television), section 1344 (relating to bank fraud), sections 2251 and 2252 (sexual exploitation of children), sections 2312, 2313, 2314, and 2315 (interstate transportation of stolen property), section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts), section 1203 (relating to hostage taking), section 1029 (relating to fraud and related activity in connection with access devices), section 3146 (relating to penalty for failure to appear), section 3521(b)(3) (relating to witness relocation and assistance), section 32 (relating to destruction of aircraft or aircraft facilities), section 1963 (violations with respect to racketeer influenced and corrupt organizations), section 115 (relating to threatening or retaliating against a Federal official), and section 1341 (relating to mail fraud), section 351 (violations) with respect to congressional, Cabinet, or Supreme Court assassinations, kidnaping, and assault), section 831 (relating to prohibited transactions involving nuclear materials), section 33 (relating to destruction of motor vehicles or motor vehicle facilities), section 175 (relating to biological weapons), or section 1992 (relating to wrecking trains);

(d) any offense involving counterfeiting punishable under section 471, 472, or 473 of this title;

(e) any offense involving fraud connected with a case under title 11 or the manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in narcotic drugs, marihuana, or other dangerous drugs, punishable under any law of the United States;

(f) any offense including extortionate credit transactions under sections 892, 893, or 894 of this title;

(g) a violation of section 5322 of title 31, United States Code (dealing with the reporting of currency transactions);

(h) any felony violation of sections 2511 and 2512 (relating to interception and disclosure of certain communications and to certain intercepting devices) of this title;

(i) any felony violation of chapter 71 (relating to obscenity) of this title;

(j) any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection 902(i) or (n) of the Federal Aviation Act of 1958 (relating to aircraft piracy);

(k) any criminal violation of section 2778 of title 22 (relating to the Arms Export Control Act);

(l) the location of any fugitive from justice from an offense described in this section; or

(m) any felony violation of sections 922 and 924 of title 18, United States Code (relating to firearms);

(n) any violation of section 5861 of the Internal Revenue Code of 1986 (relating to firearms); and

(o) any conspiracy to commit any offense described in any subparagraph of this paragraph.

(2) The principal prosecuting attorney of any State, or the principal prosecuting attorney of any political subdivision thereof, if such attorney is authorized by a statute of that State to make application to a State court judge of competent jurisdiction for an order authorizing or approving the interception of wire, oral, or electronic communications, may apply to such judge for, and such judge may grant in conformity with section 2518 of this chapter and with the applicable State statute an order authorizing, or approving the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one year, designated in any applicable State statute authorizing such interception, or any conspiracy to commit any of the foregoing offenses.

(3) Any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure) may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant, in conformity with section 2518 of this title, or order authorizing or approving the interception of electronic communications by an investigative or law enforcement officer having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of any Federal felony.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 216.)

1993 Supplemental Credit(s)

(As amended Pub.L. 91-452, Title VIII, 810, Title IX, 902(a), Title XI, 1103, Oct. 15, 1970, 84 Stat. 940, 947, 959; Pub.L. 91-644, Title IV, 16, Jan. 2, 1971, 84 Stat. 1891; Pub.L. 95-598, Title III, 314(h), 92 Stat. 2677; Pub.L. 97-285, ss 2(e), 4(e), Oct. 6, 1982, 96 Stat. 1220, 1221; Pub.L. 98-292, 8, May 21, 1984, 98 Stat. 206; Pub.L. 98-473, Title II, 1203(c), Oct. 12, 1984, 98 Stat. 2152; Pub.L. 99- 508, Title I, ss 101(c)(1)(A), 104, 105, Oct. 21, 1986, 100 Stat. 1851, 1855; Pub.L. 99-570, Title I, 1365(c), Oct. 27, 1986, 100 Stat. 3207-35; Pub.L. 100-690, Title VI, 6461, Title VII, ss 7036, 7053(d), 7525, Nov. 18, 1988, 102 Stat. 4374, 4399, 4402, 4502; Pub.L. 101-298, 3(b), May 22, 1990, 104 Stat. 203; Pub.L. 101-647, Title XXV, 2531, Title XXXV, 3568, Nov. 29, 1990, 104 Stat. 4879, 4928.)

HISTORICAL AND STATUTORY NOTES

References in Text

Sections 2274 through 2277 of title 42 of the United States Code, referred to in par. (1)(a), are ss 2274 through 2277 of Title 42, The Public Health and Welfare.

Sections 186 and 501(c) of title 29, United States Code, referred to in par. (1)(b), are ss 186 and 501(c), respectively, of Title 29, Labor.

The Arms Export Control Act, referred to in par. (1)(k), is Pub.L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified generally to chapter 39 (section 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

Codifications

Amendment by section 3(b) of Pub.L. 101-298, which directed insertion of "section 175 (relating to biological weapons)," following "section 33 (relating to destruction of motor vehicle facilities)," was executed to par. (1)(c) of this section as the probable intent of Congress notwithstanding directory language calling for the amendment of section "2516(c) of title 18".

Amendment to par. (1)(c) by section 1365(c) of Pub.L. 99-570 was executed by inserting "section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity)," after "section 1955 (prohibition of business enterprises of gambling)," as the probable intent of Congress.

1990 Amendment

Par. (1)(c). Pub.L. 101-647, 2531(1)(A)-(E), inserted before the provisions as indicated: "section 215 (relating to bribery of bank officials)," before "section 224"; "section 1014 (relating to loans and credit applications generally; renewals and discounts)," before "sections 1503,"; "section 1032 (relating to concealment of assets)," before "section 1084"; "section 1344 (relating to bank fraud)," before "sections 2251 and 2252"; and struck "the section in chapter 65 relating to destruction of an energy facility," preceding "and section 1341 (relating to mail fraud)".

Par. (1)(C). Pub.L. 101-298 inserted "section 175 (relating to biological weapons),".

Par. (1)(j). Pub.L. 101-647, 2531(3), substituted "any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating to aircraft piracy)" for "any violation of section 1679(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code".

Pub.L. 101-647, 3568, substituted "any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or section 902(i) or (n) of the Federal Aviation Act of 1958 (relating to aircraft piracy)" for "any violation of section 1679(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code".

Par. (1)(m), (n). Pub.L. 101-647, 2531(2)(A)-(C), struck subpar. "(m) any conspiracy to commit any of the foregoing offenses."; struck from subpar. (m) relating to firearms) the word "and"; and substituted at the end of subpar. (n) "; and" for the period.

Par. (1)(o). Pub.L. 101-647, 2531(2)(D), added subpar. (o).

1988 Amendment

Pub.L. 100-690, 7036(a)(1), substituted "Associate Attorney General, or any" for "Associate Attorney General, any".

Par. (1)(a). Pub.L. 100-690, 7036(c)(1), substituted "(relating to riots)," for "(relating to riots);".

Par. (1)(c). Pub.L. 100-690, 7036(a)(2), struck out comma following "to mail fraud),", requiring no change in text.

Pub.L. 100-690, 7036(b), substituted "section 2321" for "the second section 2320", and struck out "section 2252 or 2253 (sexual exploitation of children)," following "exploitation of children),".

Pub.L. 100-690, 7053(d), substituted "1958" for "1952A", and "1959" for "1952B".

Par. (1)(i). Pub.L. 100-690, 7525, added subpar. (i). Former subpar. (i) was redesignated (j).

Par. (1)(j). Pub.L. 100-690, 7525, redesignated former subpar. (i) as (j). Former subpar. (j) was redesignated (k).

Pub.L. 100-690, 7036(c)(2), struck out "or;" following "Export Control Act);".

Par. (1)(k). Pub.L. 100-690, 7525, redesignated former subpar. (j) as (k). Former subpar. (k) was redesignated (l ).

Pub.L. 100-690, 7036(c)(3), substituted "section; or" for "section;".

Par. (1)(l ). Pub.L. 100-690, 7525, redesignated former subpar. (k) as (l ). Former subpar. (l ) was redesignated (m).

Par. (1)(m). Pub.L. 100-690, 7525, redesignated former subpar. (l ) as (m).

Par. (1)(m), (n). Pub.L. 100-690, 6461, added subpars. (m) and (n).

1986 Amendments

Par. (1)(c). Pub.L. 99-570, 1356(c), added references to section 1956 (laundering of monetary instruments) and section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity). See Codification note set out under this section.

Catchline Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (1). Pub.L. 99-508, 104, substituted "any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General in the Criminal Division specially designated for "or any Assistant Attorney General specially designated".

Par. (1)(a). Pub.L. 99-508, 105(a)(5), added "section 2284 of title 42 of the United States Code (relating to sabotage of nuclear facilities or fuel)," following "Atomic Energy Act of 1954,", "chapter 65 (relating to malicious mischief), chapter 111 (relating to destruction of vessels), or chapter 81 (relating to piracy)" following "relating to riots)", and struck out "or" following "(relating to treason),".

Par. (1)(c). Pub.L. 99-508, 105(a)(1), added "section 751 (relating to escape)," following "wagering information),", "the second section 2320 (relating to trafficking in certain motor vehicles or motor vehicle parts), section 1203 (relating to hostage taking), section 1029 (relating to fraud and related activity in connection with access devices), section 3146 (relating to penalty for failure to appear), section 3521(b)(3) (relating to witness relocation and assistance), section 32 (relating to destruction of aircraft or aircraft facilities)," following "stolen property),", "section 1952A (relating to use of interstate commerce facilities in the commission of murder for hire), section 1952B (relating to violent crimes in aid of racketeering activity)," following "racketeering enterprises),", ", section 115 (relating to threatening or retaliating against a Federal official), the section in chapter 65 relating to destruction of an energy facility, and section 1341 (relating to mail fraud)," following "corrupt organizations)", ", section 831 (relating to prohibited transactions involving nuclear materials), section 33 (relating to destruction of motor vehicles or motor vehicle facilities), or section 1992 (relating to wrecking trains)" following "Court assassinations, kidnaping, and assault)", and substituted "2312, 2313, 2314," for "2314" and "section 351" for "or section 351".

Par. (2). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications" wherever appearing in text.

Par. (3). Pub.L. 99-508, 105(b), added par. (3).

Par. (h). Pub.L. 99-508, 105(a)(3), added par. (h). Former par. (h) was redesignated (l).

Pars. (i) to (k). Pub.L. 99-508, 105(a)(3), added pars. (i) to (k).

Par. (l). Pub.L. 99-508, 105(a)(4), redesignated former par. (h) as (l).

1984 Amendments

Par. (1). Pub.L. 98-473, 1203(c)(4), added "Deputy Attorney General, Associate Attorney General," after "Attorney General".

Par. (1)(c). Pub.L. 98-473, 1203(c)(1), added "section 1343 (fraud by wire, radio, or television), section 2252 or 2253 (sexual exploitation of children)," after "section 664 (embezzlement from pension and welfare funds),".

Pub.L. 98-292 added "sections 2251 and 2252 (sexual exploitation of children)," after "section 664 (embezzlement from pension and welfare funds),".

Pub.L. 98-473, 1203(c)(2), added references to sections 1512 and 1513 after "1503".

Par. (1)(g). Pub.L. 98-473, 1203(c)(3), added par. (g). Former par. (g) was redesignated par. (h).

Par. (1)(h). Pub.L. 98-473, 1203(c)(3), redesignated par. (g) as par. (h).

1982 Amendment

Par. (1)(c). Pub.L. 97-285, ss 2(e), 4(e), substituted "(Presidential and Presidential staff assassination, kidnaping, and assault)" for "(Presidential assassinations, kidnaping, and assault)" following "section 1751" and substituted "(violations with respect to congressional, Cabinet, or Supreme Court assassinations, kidnaping, and assault)" for "(violations with respect to congressional assassination, kidnaping, and assault)" following "section 351".

1978 Amendment

Par. (1)(e). Pub.L. 95-598 substituted "fraud connected with a case under title 11" for "bankruptcy fraud".

1971 Amendment

Par. (1)(c). Pub.L. 91-644 added provision authorizing interception of communications with respect to section 351 offense (violations with respect to congressional assassination, kidnaping, and assault).

1970 Amendment

Par. (1)(c). Pub.L. 91-452 added provisions authorizing applicability to sections 844(d), (e), (f), (g), (h), or (i), 1511, 1955, and 1963 of this title.

Effective Date of 1986 Amendment

Except as otherwise provided in section 111 of Pub.L. 99-508, amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986, see section 111 of Pub.L. 99-508 set out as a note under section 2510 of this title.

Effective Date of 1978 Amendment

Amendment by Pub.L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub.L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy.

Savings Provisions

Amendment by section 314 of Pub.L. 95-598 not to affect the application of this section to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub.L. 95-598, set out preceding section 101 of Title 11, Bankruptcy.

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 91-452, see 1970 U.S. Code Cong. and Adm. News, p. 4007. See, also, Pub.L. 91-644, 1970 U.S. Code Cong. and Adm. News, p. 5804; Pub.L. 97-285, 1982 U.S. Code Cong. and Adm. News, p. 2428; Pub.L. 98-292, 1984 U.S.Code Cong. and Adm.News, p. 492; Pub.L. 98-473, 1984 U.S.Code Cong. and Adm.News, p. 3182; Pub.L. 99-508, 1986 U.S. Code Cong. and Adm. News, p. 3555; Pub.L. 99-570, 1986 U.S. Code Cong. and Adm. News, p. 5393; Pub.L. 100-690, 1988 U.S.Code Cong. and Adm.News, p. 5937; Pub.L. 101- 298, 1990 U.S.Code Cong. and Adm.News, p. 186.

18 U.S.C.A. 2516

18 USCA 2516

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2517. Authorization for disclosure and use of intercepted wire, oral, or electronic communications

(1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties.

(3) Any person who has received, by any means authorized by this chapter, any information concerning a wire, oral, or electronic communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the United States or of any State or political subdivision thereof.

(4) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.

(5) When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized herein, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 217.)

1993 Supplemental Credit(s)

(As amended Pub.L. 91-452, Title IX, 902(b), Oct. 15, 1970, 84 Stat. 947; Pub.L. 99-508, Title I, 101(c)(1)(A), Oct. 21, 1986, 100 Stat. 1851.)

HISTORICAL AND STATUTORY NOTES

1986 Amendment

Catchline. Pub.L. 99-508, 101(c), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (1). Pub.L. 99-508, 101(c), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (2). Pub.L. 99-508, 101(c), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (3). Pub.L. 99-508, 101(c), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (4). Pub.L. 99-508, 101(c), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (5). Pub.L. 99-508, 101(c), substituted "wire, oral, or electronic communications" for "wire or oral communications".

1970 Amendment

Par. (3). Pub.L. 91-452 substituted "proceeding held under the authority of the United States or of any State or political subdivision thereof" for "criminal proceeding in any court of the United States or of any State or in any Federal or State grand jury proceeding".

Effective Date of 1986 Amendment

Except as otherwise provided in section 111 of Pub.L. 99-508, amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986, see section 111 of Pub.L. 99-508 set out as a note under section 2510 of this title.

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 91-452, see 1970 U.S. Code Cong. and Adm. News, p. 4007. See, also, Pub.L. 99-508, 1986 U.S. Code Cong. and Adm. News, p. 3555.

18 U.S.C.A. 2517

18 USCA 2517

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2518. Procedure for interception of wire, oral, or electronic communications

(1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant's authority to make such application. Each application shall include the following information:

(a) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application;

(b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including (i) details as to the particular offense that has been, is being, or is about to be committed, (ii) except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;

(c) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

(d) a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

(e) a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and

(f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

(2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.

(3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting (and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction), if the judge determines on the basis of the facts submitted by the applicant that--

(a) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter;

(b) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception;

(c) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;

(d) except as provided in subsection (11), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.

(4) Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify--

(a) the identity of the person, if known, whose communications are to be intercepted;

(b) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

(c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

(d) the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and

(e) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

An order authorizing the interception of a wire, oral, or electronic communication under this chapter shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance.

(5) No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by Government personnel, or by an individual operating under a contract with the Government, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.

(6) Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.

(7) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that--

(a) an emergency situation exists that involves--

(i) immediate danger of death or serious physical injury to any person,

(ii) conspiratorial activities threatening the national security interest, or

(iii) conspiratorial activities characteristic of organized crime,

that requires a wire, oral, or electronic communication to be intercepted before an order authorizing such interception can, with due diligence, be obtained, and

(b) there are grounds upon which an order could be entered under this chapter to authorize such interception,

may intercept such wire, oral, or electronic communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred, or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event such application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter, and an inventory shall be served as provided for in subsection (d) of this section on the person named in the application.

(8) (a) The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (1) and (2) of section 2517 of this chapter for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under subsection (3) of section 2517.

(b) Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.

(c) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge.

(d) Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 2518(7)(b) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of--

(1) the fact of the entry of the order or the application;

(2) the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and

(3) the fact that during the period wire, oral, or electronic communications were or were not intercepted.

The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed.

(9) The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.

(10)(a) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the contents of any wire or oral communication intercepted pursuant to this chapter, or evidence derived therefrom, on the grounds that--

(i) the communication was unlawfully intercepted;

(ii) the order of authorization or approval under which it was intercepted is insufficient on its face; or

(iii) the interception was not made in conformity with the order of authorization or approval.

Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.

(b) In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) of this subsection, or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.

(c) The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications.

(11) The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if--

(a) in the case of an application with respect to the interception of an oral communication--

(i) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

(ii) the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and

(iii) the judge finds that such specification is not practical; and

(b) in the case of an application with respect to a wire or electronic communication--

(i) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

(ii) the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing of a purpose, on the part of that person, to thwart interception by changing facilities; and

(iii) the judge finds that such purpose has been adequately shown.

(12) An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11) shall not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (11)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 218.)

1993 Supplemental Credit(s)

(As amended Pub.L. 91-358, Title II, 211(b), July 29, 1970, 84 Stat. 654; Pub.L. 95-511, Title II, 201(d)-(g), Oct. 25, 1978, 92 Stat. 1797, 1798; Pub.L. 98-473, Title II, 1203(a), (b), Oct. 12, 1984, 98 Stat. 2152; Pub.L. 99-508, Title I, ss 101(c)(1)(A), (8), (e), 106(a)-(d)(3), Oct. 21, 1986, 100 Stat. 1851- 1853, 1856, 1857.)

HISTORICAL AND STATUTORY NOTES

1986 Amendment

Catchline. Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (1). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (1)(b)(ii). Pub.L. 99-508, 106(d)(1), added "except as provided in subsection (11)," preceding "a particular description".

Par. (1)(e). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (3). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (3). Pub.L. 99-508, 106(a), added "(and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction)" following "judge is sitting".

Par. (3)(d). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (3)(d). Pub.L. 99-508, 106(d)(2), added "except as provided in subsection (11)," preceding "there is".

Par. (4). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (4). Pub.L. 99-508, 101(c)(8), substituted "provider of wire or electronic communication service" for "communication common carrier" wherever appearing in text, and "such service provider" for "such carrier".

Par. (4). Pub.L. 99-508, 106(b), substituted "by the applicant for reasonable expenses incurred in providing such facilities or assistance" for "by the applicant at the prevailing rates".

Par. (5). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (5). Pub.L. 99-508, 106(c), added provisions which related to beginning of thirty-day period, minimization where intercepted communication is in code or foreign language and expert in that code or foreign language is not immediately available, and conduct of interception by Government personnel or by individual operating under Government contract, acting under supervision of investigative or law enforcement officer authorized to conduct interception.

Par. (7). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (8)(a). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication" wherever appearing in text.

Par. (8)(d)(3). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (9). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communication" for "wire or oral communication".

Par. (10)(c). Pub.L. 99-508, 101(e), added subpar. (c).

Pars. (11), (12). Pub.L. 99-508, 106(d)(3), added pars. (11) and (12).

1984 Amendment

Par. (7). Pub.L. 98-473, 1203(a), added ", the Deputy Attorney General, the Associate Attorney General," after "Attorney General".

Par. (7)(a). Pub.L. 98-473, 1203(b), added cl. (i) and designated the matter following "conspiratorial activities" each time it appears, as cls. (ii) and (iii), respectively.

1978 Amendment

Par. (1). Pub.L. 95-511, 201(d), added "under this chapter" following "communication".

Par. (4). Pub.L. 95-511, 201(e), added "under this chapter" following "wire or oral communication" wherever appearing.

Par. (9). Pub.L. 95-511, 201(e), substituted "any wire or oral communication intercepted pursuant to this chapter" for "any intercepted wire or oral communication".

Par. (10). Pub.L. 95-511, 201(g), substituted "any wire or oral communication intercepted pursuant to this chapter," for "any intercepted wire or oral communication,".

1970 Amendment

Subsec. (4). Pub.L. 91-358 added the provision that, upon the request of the applicant, an order authorizing the interception of a wire or oral communication direct that a communication common carrier, landlord, custodian, or other person furnish the applicant with all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services provided.

Effective Date of 1986 Amendment

Except as otherwise provided in section 111 of Pub.L. 99-508, amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986, see section 111 of Pub.L. 99-508 set out as a note under section 2510 of this title.

Effective Date of 1978 Amendment

Amendment by Pub.L. 95-511 effective Oct. 25, 1978, except as specifically provided, see section 301 of Pub.L. 95-511, set out as an Effective Date note under section 1801 of Title 50, War and National Defense.

Effective Date of 1970 Amendment

Section 901(a) of Pub.L. 91-358 provided in part that the amendment of this section by Pub.L. 91-358 shall take effect on the first day of the seventh calendar month which begins after July 29, 1970.

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 95-511, see 1978 U.S. Code Cong. and Adm. News, p. 3904. See, also, Pub.L. 98-473, 1984 U.S.Code Cong. and Adm.News, p. 3182; Pub.L. 99-508, 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2518

18 USCA 2518

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2519. Reports concerning intercepted wire, oral, or electronic communications

(1) Within thirty days after the expiration of an order (or each extension thereof) entered under section 2518, or the denial of an order approving an interception, the issuing or denying judge shall report to the Administrative Office of the United States Courts--

(a) the fact that an order or extension was applied for;

(b) the kind of order or extension applied for (including whether or not the order was an order with respect to which the requirements of sections 3518(1)(b)(ii) and 2518(3)(d) of this title did not apply by reason of section 2518(11) of this title);

(c) the fact that the order or extension was granted as applied for, was modified, or was denied;

(d) the period of interceptions authorized by the order, and the number and duration of any extensions of the order;

(e) the offense specified in the order or application, or extension of an order;

(f) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and

(g) the nature of the facilities from which or the place where communications were to be intercepted.

(2) In January of each year the Attorney General, an Assistant Attorney General specially designated by the Attorney General, or the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to the Administrative Office of the United States Courts- -

(a) the information required by paragraphs (a) through (g) of subsection (1) of this section with respect to each application for an order or extension made during the preceding calendar year;

(b) a general description of the interceptions made under such order or extension, including (i) the approximate nature and frequency of incriminating communications intercepted, (ii) the approximate nature and frequency of other communications intercepted, (iii) the approximate number of persons whose communications were intercepted, and (iv) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions;

(c) the number of arrests resulting from interceptions made under such order or extension, and the offenses for which arrests were made;

(d) the number of trials resulting from such interceptions;

(e) the number of motions to suppress made with respect to such interceptions, and the number granted or denied;

(f) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and

(g) the information required by paragraphs (b) through (f) of this subsection with respect to orders or extensions obtained in a preceding calendar year.

(3) In April of each year the Director of the Administrative Office of the United States Courts shall transmit to the Congress a full and complete report concerning the number of applications for orders authorizing or approving the interception of wire, oral, or electronic communications pursuant to this chapter and the number of orders and extensions granted or denied pursuant to this chapter during the preceding calendar year. Such report shall include a summary and analysis of the data required to be filed with the Administrative Office by subsections (1) and (2) of this section. The Director of the Administrative Office of the United States Courts is authorized to issue binding regulations dealing with the content and form of the reports required to be filed by subsections (1) and (2) of this section.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 222.)

1993 Supplemental Credit(s)

(As amended Pub.L. 95-511, Title II, 201(h), Oct. 25, 1978, 92 Stat. 1798; Pub.L. 99-508, Title I, ss 101(c)(1)(A), 106(d)(4), Oct. 21, 1986, 100 Stat. 1851, 1857.)

HISTORICAL AND STATUTORY NOTES

1986 Amendment

Catchline. Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for "wire or oral communications".

Par. (1)(b). Pub.L. 99-508, 106(d)(4), added "(including whether or not the order was an order with respect to which the requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title did not apply by reason of section 2518(11) of this title)" following "applied for".

Par. (3). Pub.L. 99-508, 101(c)(1)(A), substituted "wire, oral, or electronic communications" for wire or oral communications".

1978 Amendment

Par. (3). Pub.L. 95-511 added "pursuant to this chapter" following "wire or oral communications" and "pursuant to this chapter" following "granted or denied".

Effective Date of 1986 Amendment

Except as otherwise provided in section 111 of Pub.L. 99-508, amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986, see section 111 of Pub.L. 99-508 set out as a note under section 2510 of this title.

Effective Date of 1978 Amendment

Amendment by Pub.L. 95-511 effective Oct. 25, 1978, except as specifically provided, see section 301 of Pub.L. 95-511, set out as an Effective Date note under section 1801 of Title 50, War and National Defense.

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2519

18 USCA 2519

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2520. Recovery of civil damages authorized

(a) In general.--Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity which engaged in that violation such relief as may be appropriate.

(b) Relief.--In an action under this section, appropriate relief includes--

(1) such preliminary and other equitable or declaratory relief as may be appropriate;

(2) damages under subsection (c) and punitive damages in appropriate cases; and

(3) a reasonable attorney's fee and other litigation costs reasonably incurred.

(c) Computation of damages.--(1) In an action under this section, if the conduct in violation of this chapter is the private viewing of a private satellite video communication that is not scrambled or encrypted or if the communication is a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the court shall assess damages as follows:

(A) If the person who engaged in that conduct has not previously been enjoined under section 2511(5) and has not been found liable in a prior civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $50 and not more than $500.

(B) If, on one prior occasion, the person who engaged in that conduct has been enjoined under section 2511(5) or has been found liable in a civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $100 and not more than $1000.

(2) In any other action under this section, the court may assess as damages whichever is the greater of--

(A) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or

(B) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000.

(d) Defense.--A good faith reliance on--

(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization;

(2) a request of an investigative or law enforcement officer under section 2518(7) of this title; or

(3) a good faith determination that section 2511(3) of this title permitted the conduct complained of;

is a complete defense against any civil or criminal action brought under this chapter or any other law.

(e) Limitation.--A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation.

1970 Main Volume Credit(s)

(Added Pub.L. 90-351, Title III, 802, June 19, 1968, 82 Stat. 223.)

1993 Supplemental Credit(s)

(As amended Pub.L. 91-358, Title II, 211(c), July 29, 1970, 84 Stat. 654; Pub.L. 99-508, Title I, 103, Oct. 21, 1986, 100 Stat. 1853.)

HISTORICAL AND STATUTORY NOTES

1986 Amendment

Pub.L. 99-508, 103, substituted provisions which authorized any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter to recover in civil action such relief as may be appropriate from person or entity which engaged in violation, except as provided in section 2511(2)(a)(ii) of this title, scope of appropriate relief, computation of damages, factors constituting defense, and limitation period, for provisions which authorized any person whose wire or oral communication is intercepted, disclosed, or used in violation of this chapter to bring civil action against any person, or one who procures any person, who engages in such violation, measures of relief, and defense of good faith reliance on court order or legislative authorization.

1970 Amendment

Pub.L. 91-358 substituted provisions that a good faith reliance on a court order or legislative authorization constitute a complete defense to any civil or criminal action brought under this chapter or under any other law, for provisions that a good faith reliance on a court order or on the provisions of section 2518(7) of this chapter constitute a complete defense to any civil or criminal action brought under this chapter.

Effective Date of 1986 Amendment

Except as otherwise provided in section 111 of pub.L. 99-508, amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986, see section 111 of Pub.L. 99-508 set out as a note under section 2510 of this title.

Effective Date of 1970 Amendment

Section 901(a) of Pub.L. 91-358 provided in part that the amendment of this section by Pub.L. 91-358 shall take effect on the first day of the seventh calendar month which begins after July 29, 1970.

Legislative History

For legislative history and purpose of Pub.L. 90-351, see 1968 U.S.Code Cong. and Adm.News, p. 2112.

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2520

18 USCA 2520

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2521. Injunction against illegal interception

Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this chapter, the Attorney General may initiate a civil action in a district court of the United States to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title I, 110(a), Oct. 21, 1986, 100 Stat. 1859.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 111 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 111 of Pub.L. 99-508, set out as a note under section 2510 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2521

18 USCA 2521

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2701. Unlawful access to stored communications

(a) Offense.--Except as provided in subsection (c) of this section whoever--

(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or

(2) intentionally exceeds an authorization to access that facility;

and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section.

(b) Punishment.--The punishment for an offense under subsection (a) of this section is--

(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain--

(A) a fine of not more than $250,000 or imprisonment for not more than one year, or both, in the case of a first offense under this subparagraph; and

(B) a fine under this title or imprisonment for not more than two years, or both, for any subsequent offense under this subparagraph; and

(2) a fine of not more than $5,000 or imprisonment for not more than six months, or both, in any other case.

(c) Exceptions.--Subsection (a) of this section does not apply with respect to conduct authorized--

(1) by the person or entity providing a wire or electronic communications service;

(2) by a user of that service with respect to a communication of or intended for that user; or

(3) in section 2703, 2704 or 2518 of this title.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1860.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Pub.L. 99-508, Title II, 202, Oct. 21, 1986, 100 Stat. 1868, provided that: "This title and the amendments made by this title [enacting this chapter] shall take effect ninety days after the date of the enactment of this Act [Oct. 21, 1986] and shall, in the case of conduct pursuant to a court order or extension, apply only with respect to court orders or extensions made after this title takes effect.".

Short Title of 1988 Amendment

Pub.L. 100-618, 1, Nov. 5, 1988, 102 Stat. 3195, provided that: "This Act [enacting section 2710 of this title and renumbering former section 2710 as 2711 of this title] may be cited as the 'Video Privacy Protection Act of 1988'."

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

LIBRARY REFERENCES

Telecommunications k497.

C.J.S. Telegraphs, Telephones, Radio and Television ss 122, 287, 288.

ANNOTATIONS

NOTES OF DECISIONS

Exceptions 1

1. Exceptions

Electronic Communications Privacy Act, which bars unlawful access to stored communications, did not apply to alleged wrongful access to computer systems leased by agricultural equipment dealers and misappropriation of their property by computer system supplier and/or agricultural equipment supplier, where dealer lessees had consented to computer supplier's access to their systems. American Computer Trust Leasing v. Jack Farrell Implement Co., D.Minn.1991, 763 F.Supp. 1473.

18 U.S.C.A. 2701

18 USCA 2701

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2702. Disclosure of contents

(a) Prohibitions.--Except as provided in subsection (b)--

(1) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and

(2) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service--

(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service; and

(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.

(b) Exceptions.--A person or entity may divulge the contents of a communication--

(1) to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient;

(2) as otherwise authorized in section 2517, 2511(2)(a), or 2703 of this title;

(3) with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of remote computing service;

(4) to a person employed or authorized or whose facilities are used to forward such communication to its destination;

(5) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or

(6) to a law enforcement agency, if such contents--

(A) were inadvertently obtained by the service provider; and

(B) appear to pertain to the commission of a crime.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1860, and amended Pub.L. 100-690, Title VII, 7037, Nov. 18, 1988, 102 Stat. 4399.)

HISTORICAL AND STATUTORY NOTES

1988 Amendment

Subsec. (b)(2). Pub.L. 100-690, 7037, substituted "2517" for "2516".

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 202 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 202 of Pub.L. 99-508, set out as a note under section 2701 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690, 1988 U.S.Code Cong. and Adm.News, p. 5937.

18 U.S.C.A. 2702

18 USCA 2702

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2703. Requirements for governmental access

(a) Contents of electronic communications in electronic storage.--A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of an electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section.

(b) Contents of electronic communications in a remote computing service.--(1) A governmental entity may require a provider of remote computing service to disclose the contents of any electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection--

(A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant; or

(B) with prior notice from the governmental entity to the subscriber or customer if the governmental entity--

(i) uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena; or

(ii) obtains a court order for such disclosure under subsection (d) of this section;

except that delayed notice may be given pursuant to section 2705 of this title.

(2) Paragraph (1) is applicable with respect to any electronic communication that is held or maintained on that service--

(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such remote computing service; and

(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.

(c) Records concerning electronic communication service or remote computing service.--(1) (A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to any person other than a governmental entity.

(B) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to a governmental entity only when the governmental entity--

(i) uses an administrative subpoena authorized by a Federal or State statute, or a Federal or State grand jury or trial subpoena;

(ii) obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant;

(iii) obtains a court order for such disclosure under subsection (d) of this section; or

(iv) has the consent of the subscriber or customer to such disclosure.

(2) A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer.

(d) Requirements for court order.--A court order for disclosure under subsection (b) or (c) of this section may be issued by any court that is a court of competent jurisdiction set forth in section 3126(2)(A) of this title and shall issue only if the governmental entity shows that there is reason to believe the contents of a wire or electronic communication, or the records or other information sought, are relevant to a legitimate law enforcement inquiry. In the case of a State governmental authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the information or records requested are unusually voluminous in nature or compliance with such order otherwise would cause an undue burden on such provider.

(e) No cause of action against a provider disclosing information under this chapter.--No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, subpoena, or certification under this chapter.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1861, and amended Pub.L. 100-690, Title VII, ss 7038, 7039, Nov. 18, 1988, 102 Stat. 4399.)

HISTORICAL AND STATUTORY NOTES

References in Text

Section 3126(2)(A) of this title, referred to in subsec. (d), was renumbered section 3127(2)(A) of this title by Pub.L. 100-690, Title VII, 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.

1988 Amendment

Subsec. (b)(1)(B)(i). Pub.L. 100-690, 7038, added "or trial" following "State grand jury".

Subsec. (c)(1)(B)(i). Pub.L. 100-690, 7038, added "or trial" following "State grand jury".

Subsec. (d). Pub.L. 100-690, 7039, added "may be issued by any court that is a court of competent jurisdiction set forth in section 3126(2)(A) of this title and" following "of this section".

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 202 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 202 of Pub.L. 99-508, set out as a note under section 2701 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690, 1988 U.S.Code Cong. and Adm.News, p. 5937.

LIBRARY REFERENCES

Telecommunications k497.

C.J.S. Telegraphs, Telephones, Radio, and Television ss 122, 287, 288.

ANNOTATIONS

NOTES OF DECISIONS

Damages 2

Good faith 1

1. Good faith

Secret Service agents' seizure, pursuant to search warrant, of computers, disks, and other materials containing electronic communications stored in computer bulletin board respecting operator of bulletin board and other users of bulletin board from operator's premises constituted violation of Stored Wire and Electronic Communications and Transactional Records Access Act, despite government's contention that Secret Service had "good faith" reliance on search warrant. Steve Jackson Games, Inc. v. U.S. Secret Service, W.D.Tex.1993, 816 F.Supp. 432.

2. Damages

District court would assess statutory damages of $1,000 for each plaintiff against government and Secret Service as result of violation of Stored Wire and Electronic Communications and Transactional Records Access Act through Secret Service agents' seizure, pursuant to search warrant, of computers, disks, and other materials containing electronic communications stored in computer bulletin board respecting plaintiffs operator of bulletin board and other users of bulletin board from operator's premises. Steve Jackson Games, Inc. v. U.S. Secret Service, W.D.Tex.1993, 816 F.Supp. 432.

18 U.S.C.A. 2703

18 USCA 2703

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2704. Backup preservation

(a) Backup preservation.--(1) A governmental entity acting under section 2703(b)(2) may include in its subpoena or court order a requirement that the service provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications. Without notifying the subscriber or customer of such subpoena or court order, such service provider shall create such backup copy as soon as practicable consistent with its regular business practices and shall confirm to the governmental entity that such backup copy has been made. Such backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order.

(2) Notice to the subscriber or customer shall be made by the governmental entity within three days after receipt of such confirmation, unless such notice is delayed pursuant to section 2705(a).

(3) The service provider shall not destroy such backup copy until the later of--

(A) the delivery of the information; or

(B) the resolution of any proceedings (including appeals of any proceeding) concerning the government's subpoena or court order.

(4) The service provider shall release such backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity's notice to the subscriber or customer if such service provider--

(A) has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity's request; and

(B) has not initiated proceedings to challenge the request of the governmental entity.

(5) A governmental entity may seek to require the creation of a backup copy under subsection (a)(1) of this section if in its sole discretion such entity determines that there is reason to believe that notification under section 2703 of this title of the existence of the subpoena or court order may result in destruction of or tampering with evidence. This determination is not subject to challenge by the subscriber or customer or service provider.

(b) Customer challenges.--(1) Within fourteen days after notice by the governmental entity to the subscriber or customer under subsection (a)(2) of this section, such subscriber or customer may file a motion to quash such subpoena or vacate such court order, with copies served upon the governmental entity and with written notice of such challenge to the service provider. A motion to vacate a court order shall be filed in the court which issued such order. A motion to quash a subpoena shall be filed in the appropriate United States district court or State court. Such motion or application shall contain an affidavit or sworn statement--

(A) stating that the applicant is a customer or subscriber to the service from which the contents of electronic communications maintained for him have been sought; and

(B) stating the applicant's reasons for believing that the records sought are not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this chapter in some other respect.

(2) Service shall be made under this section upon a governmental entity by delivering or mailing by registered or certified mail a copy of the papers to the person, office, or department specified in the notice which the customer has received pursuant to this chapter. For the purposes of this section, the term "delivery" has the meaning given that term in the Federal Rules of Civil Procedure.

(3) If the court finds that the customer has complied with paragraphs (1) and (2) of this subsection, the court shall order the governmental entity to file a sworn response, which may be filed in camera if the governmental entity includes in its response the reasons which make in camera review appropriate. If the court is unable to determine the motion or application on the basis of the parties' initial allegations and response, the court may conduct such additional proceedings as it deems appropriate. All such proceedings shall be completed and the motion or application decided as soon as practicable after the filing of the governmental entity's response.

(4) If the court finds that the applicant is not the subscriber or customer for whom the communications sought by the governmental entity are maintained, or that there is a reason to believe that the law enforcement inquiry is legitimate and that the communications sought are relevant to that inquiry, it shall deny the motion or application and order such process enforced. If the court finds that the applicant is the subscriber or customer for whom the communications sought by the governmental entity are maintained, and that there is not a reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry, or that there has not been substantial compliance with the provisions of this chapter, it shall order the process quashed.

(5) A court order denying a motion or application under this section shall not be deemed a final order and no interlocutory appeal may be taken therefrom by the customer.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1863.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 202 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 202 of Pub.L. 99-508, set out as a note under section 2701 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2704

18 USCA 2704

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2705. Delayed notice

(a) Delay of notification.--(1) A governmental entity acting under section 2703(b) of this title may--

(A) where a court order is sought, include in the application a request, which the court shall grant, for an order delaying the notification required under section 2703(b) of this title for a period not to exceed ninety days, if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result described in paragraph (2) of this subsection; or

(B) where an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury subpoena is obtained, delay the notification required under section 2703(b) of this title for a period not to exceed ninety days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result described in paragraph (2) of this subsection.

(2) An adverse result for the purposes of paragraph (1) of this subsection is--

(A) endangering the life or physical safety of an individual;

(B) flight from prosecution;

(C) destruction of or tampering with evidence;

(D) intimidation of potential witnesses; or

(E) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

(3) The governmental entity shall maintain a true copy of certification under paragraph (1)(B).

(4) Extensions of the delay of notification provided in section 2703 of up to ninety days each may be granted by the court upon application, or by certification by a governmental entity, but only in accordance with subsection (b) of this section.

(5) Upon expiration of the period of delay of notification under paragraph (1) or (4) of this subsection, the governmental entity shall serve upon, or deliver by registered or first-class mail to, the customer or subscriber a copy of the process or request together with notice that--

(A) states with reasonable specificity the nature of the law enforcement inquiry; and

(B) informs such customer or subscriber--

(i) that information maintained for such customer or subscriber by the service provider named in such process or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place;

(ii) that notification of such customer or subscriber was delayed;

(iii) what governmental entity or court made the certification or determination pursuant to which that delay was made; and

(iv) which provision of this chapter allowed such delay.

(6) As used in this subsection, the term "supervisory official" means the investigative agent in charge or assistant investigative agent in charge or an equivalent of an investigating agency's headquarters or regional office, or the chief prosecuting attorney or the first assistant prosecuting attorney or an equivalent of a prosecuting attorney's headquarters or regional office.

(b) Preclusion of notice to subject of governmental access.--A governmental entity acting under section 2703, when it is not required to notify the subscriber or customer under section 2703(b)(1), or to the extent that it may delay such notice pursuant to subsection (a) of this section, may apply to a court for an order commanding a provider of electronic communications service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena, or court order. The court shall enter such an order if it determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will result in--

(1) endangering the life or physical safety of an individual;

(2) flight from prosecution;

(3) destruction of or tampering with evidence;

(4) intimidation of potential witnesses; or

(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1864.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 202 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 202 of Pub.L. 99-508, set out as a note under section 2701 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2705

18 USCA 2705

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2706. Cost reimbursement

(a) Payment.--Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title shall pay to the person or entity assembling or providing such information a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.

(b) Amount.--The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined by the court which issued the order for production of such information (or the court before which a criminal prosecution relating to such information would be brought, if no court order was issued for production of the information).

(c) Exception.-- The requirement of subsection (a) of this section does not apply with respect to records or other information maintained by a communications common carrier that relate to telephone toll records and telephone listings obtained under section 2703 of this title. The court may, however, order a payment as described in subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1866, and amended Pub.L. 100-690, Title VII, 7061, Nov. 18, 1988, 102 Stat. 4404.)

HISTORICAL AND STATUTORY NOTES

1988 Amendment

Subsec. (c). Pub.L. 100-690, 7061, "Exception.--The requirement" for "The requirement".

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 202 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 202 of Pub.L. 99-508, set out as a note under section 2701 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-659, see 1986 U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690, 1988 U.S.Code Cong. and Adm.News, p. 5937.

ANNOTATIONS

NOTES OF DECISIONS

Purpose 1

Review 2

1. Purpose

Congress did not intend that service providers be compensated by government for costs of compliance with routine requests for toll or subscriber information. Michigan Bell Telephone Co. v. Drug Enforcement Admin., E.D.Mich.1988, 693 F.Supp. 542.

2. Review

Telephone company could not maintain action under the Electronic Communications Privacy Act to determine whether aggregate level of requests for toll and subscribers' account records by the Drug Enforcement Administration had been so burdensome or voluminous that adoption of blanket reimbursement schedule was appropriate; the Act did not provide for judicial review of such magnitude, but rather, limited judicial review to challenges made either before or after compliance with specific information request. Michigan Bell Telephone Co. v. Drug Enforcement Admin., E.D.Mich.1988, 693 F.Supp. 542.

18 U.S.C.A. 2706

18 USCA 2706

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2707. Civil action

(a) Cause of action.--Except as provided in section 2703(e), any provider of electronic communication service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as may be appropriate.

(b) Relief.--In a civil action under this section, appropriate relief includes--

(1) such preliminary and other equitable or declaratory relief as may be appropriate;

(2) damages under subsection (c); and

(3) a reasonable attorney's fee and other litigation costs reasonably incurred.

(c) Damages.--The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000.

(d) Defense.--A good faith reliance on--

(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization;

(2) a request of an investigative or law enforcement officer under section 2518(7) of this title; or

(3) a good faith determination that section 2511(3) of this title permitted the conduct complained of;

is a complete defense to any civil or criminal action brought under this chapter or any other law.

(e) Limitation.--A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1866.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 202 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 202 of Pub.L. 99-508, set out as a note under section 2701 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2707

18 USCA 2707

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2708. Exclusivity of remedies

The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1867.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 202 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 202 of Pub.L. 99-508, set out as a note under section 2701 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2708

18 USCA 2708

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2709. Counterintelligence access to telephone toll and transactional records

(a) Duty to provide.--A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Director of the Federal Bureau of Investigation under subsection (b) of this section.

(b) Required certification.--The Director of the Federal Bureau of Investigation (or an individual within the Federal Bureau of Investigation designated for this purpose by the Director) may request any such information and records if the Director (or the Director's designee) certifies in writing to the wire or electronic communication service provider to which the request is made that--

(1) the information sought is relevant to an authorized foreign counterintelligence investigation; and

(2) there are specific and articulable facts giving reason to believe that the person or entity to whom the information sought pertains is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

(c) Prohibition of certain disclosure.--No wire or electronic communication service provider, or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under this section.

(d) Dissemination by bureau.--The Federal Bureau of Investigation may disseminate information and records obtained under this section only as provided in guidelines approved by the Attorney General for foreign intelligence collection and foreign counterintelligence investigations conducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency.

(e) Requirement that certain congressional bodies be informed.--On a semiannual basis the Director of the Federal Bureau of Investigation shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests made under subsection (b) of this section.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title II, 201, Oct. 21, 1986, 100 Stat. 1867.)

HISTORICAL AND STATUTORY NOTES

References in Text

Section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), referred to in subsec. (b), is classified to section 1801 of Title 50, War and National Defense.

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 202 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 202 of Pub.L. 99-508, set out as a note under section 2701 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

18 U.S.C.A. 2709

18 USCA 2709

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2710. Wrongful disclosure of video tape rental or sale records

(a) Definitions.--For purposes of this section--

(1) the term "consumer" means any renter, purchaser, or subscriber of goods or services from a video tape service provider;

(2) the term "ordinary course of business" means only debt collection activities, order fulfillment, request processing, and the transfer of ownership;

(3) the term "personally identifiable information" includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and

(4) the term "video tape service provider" means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure.

(b) Video tape rental and sale records.--(1) A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d).

(2) A video tape service provider may disclose personally identifiable information concerning any consumer--

(A) to the consumer;

(B) to any person with the informed, written consent of the consumer given at the time the disclosure is sought;

(C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order;

(D) to any person if the disclosure is solely of the names and addresses of consumers and if--

(i) the video tape service provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure; and

(ii) the disclosure does not identify the title, description, or subject matter of any video tapes or other audio visual material; however, the subject matter of such materials may be disclosed if the disclosure is for the exclusive use of marketing goods and services directly to the consumer;

(E) to any person if the disclosure is incident to the ordinary course of business of the video tape service provider; or

(F) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if--

(i) the consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; and

(ii) the consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure.

If an order is granted pursuant to subparagraph (C) or (F), the court shall impose appropriate safeguards against unauthorized disclosure.

(3) Court orders authorizing disclosure under subparagraph (C) shall issue only with prior notice to the consumer and only if the law enforcement agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforcement inquiry. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the video tape service provider, may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on such provider.

(c) Civil action.--(1) Any person aggrieved by any act of a person in violation of this section may bring a civil action in a United States district court.

(2) The court may award--

(A) actual damages but not less than liquidated damages in an amount of $2,500;

(B) punitive damages;

(C) reasonable attorneys' fees and other litigation costs reasonably incurred; and

(D) such other preliminary and equitable relief as the court determines to be appropriate.

(3) No action may be brought under this subsection unless such action is begun within 2 years from the date of the act complained of or the date of discovery.

(4) No liability shall result from lawful disclosure permitted by this section.

(d) Personally identifiable information.--Personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial, hearing, arbitration, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision of a State.

(e) Destruction of old records.--A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (b)(2) or (c)(2) or pursuant to a court order.

(f) Preemption.--The provisions of this section preempt only the provisions of State or local law that require disclosure prohibited by this section.

1993 Supplemental Credit(s)

(Added Pub.L. 100-618, 2(a)(1), (2), Nov. 5, 1988, 102 Stat. 3195.)

ANNOTATIONS

NOTES OF DECISIONS

State regulation or control 1

1. State regulation or control

Federal Videotape Privacy Protection Act did not, on its face, preempt city ordinance regulating physical layout of adult-oriented establishments; ordinance did not require or regulate disclosure of customer viewing records which was subject of federal law. City News and Novelty, Inc. v. City of Waukesha, 1992, 487 N.W.2d 316, 170 Wis.2d 14, review denied 491 N.W.2d 768.

18 U.S.C.A. 2710

18 USCA 2710

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3117. Mobile tracking devices

(a) In general.--If a court is empowered to issue a warrant or other order for the installation of a mobile tracking device, such order may authorize the use of that device within the jurisdiction of the court, and outside that jurisdiction if the device is installed in that jurisdiction.

(b) Definition.--As used in this section, the term "tracking device" means an electronic or mechanical device which permits the tracking of the movement of a person or object.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title I, 108(a), Oct. 21, 1986, 100 Stat. 1858.)

HISTORICAL AND STATUTORY NOTES

Prior Provisions

Another section 3117 of this title, as added Pub.L. 100-690, 6477(b)(1), was renumbered section 3118 of this title.

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 111 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 111 of Pub.L. 99-508, set out as a note under section 2510 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

LIBRARY REFERENCES

Automobiles k144.1(1.10).

Searches and Seizures k21.

WESTLAW Topic No. 48A.

C.J.S. Motor Vehicles 164.1.

C.J.S. Searches and Seizures ss 1 et seq., 18 et seq.

18 U.S.C.A. 3117

18 USCA 3117

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3121. General prohibition on pen register and trap and trace device use; exception

(a) In general.--Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 3123 of this title or under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

(b) Exception.--The prohibition of subsection (a) does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service--

(1) relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or

(2) to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or (3) where the consent of the user of that service has been obtained.

(c) Penalty.--Whoever knowingly violates subsection (a) shall be fined under this title or imprisoned not more than one year, or both.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title III, 301(a), Oct. 21, 1986, 100 Stat. 1868.)

HISTORICAL AND STATUTORY NOTES

References in Text

The Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.), referred to in subsec. (a), is Pub.L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as amended, which is classified generally to chapter 36 (section 1801 et seq.) of Title 50, War and National Defense.

Effective Date

Pub.L. 99-508, Title III, 302, Oct. 21, 1986, 100 Stat. 1872, provided that:

"(a) In general.--Except as provided in subsection (b), this title and the amendments made by this title [enacting this chapter and section 1367 of this title] shall take effect ninety days after the date of the enactment of this Act [Oct. 21, 1986] and shall, in the case of conduct pursuant to a court order or extension, apply only with respect to court orders or extensions made after this title takes effect.

"(b) Special rule for state authorizations of interceptions.--Any pen register or trap and trace device order or installation which would be valid and lawful without regard to the amendments made by this title [enacting this chapter and section 1367 of this title] shall be valid and lawful notwithstanding such amendments if such order or installation occurs during the period beginning on the date such amendments take effect and ending on the earlier of--

"(1) the day before the date of the taking effect of changes in State law required in order to make orders or installations under Federal law as amended by this title; or

"(2) the date two years after the date of the enactment of this Act [Oct. 21, 1986]."

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

LIBRARY REFERENCES

Telecommunications k493.

C.J.S. Telegraphs, Telephones, Radio, and Television ss 122, 287.

18 U.S.C.A. 3121

18 USCA 3121

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3122. Application for an order for a pen register or a trap and trace device

(a) Application.--(1) An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction.

(2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State.

(b) Contents of application.--An application under subsection (a) of this section shall include--

(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and

(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title III, 301(a), Oct. 21, 1986, 100 Stat. 1869.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 302 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 302 of Pub.L. 99-508, set out as a note under section 3121 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

LAW REVIEW COMMENTARIES

Pretrial detention under the Bail Reform Act of 1984: An empirical analysis. Thomas E. Scott, 27 Am.Crim.L.Rev. 1 (1989).

LIBRARY REFERENCES

Telecommunications k493.

C.J.S. Telegraphs, Telephones, Radio, and Television ss 122, 287.

ANNOTATIONS

NOTES OF DECISIONS

Jurisdiction 1

1. Jurisdiction

New York magistrate had jurisdiction to order installation of pen registers on telephones in New Jersey. U.S. v. Rodriguez, S.D.N.Y.1990, 734 F.Supp. 116, affirmed 968 F.2d 130, certiorari denied 113 S.Ct. 139, 140, 121 L.Ed.2d 92, certiorari denied 113 S.Ct. 663, 121 L.Ed.2d 588.

18 U.S.C.A. 3122

18 USCA 3122

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3123. Issuance of an order for a pen register or a trap and trace device

(a) In general.--Upon an application made under section 3122 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.

(b) Contents of order.--An order issued under this section--

(1) shall specify--

(A) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;

(B) the identity, if known, of the person who is the subject of the criminal investigation;

(C) the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and

(D) a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and

(2) shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under section 3124 of this title.

(c) Time period and extensions.--(1) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days.

(2) Extensions of such an order may be granted, but only upon an application for an order under section 3122 of this title and upon the judicial finding required by subsection (a) of this section. The period of extension shall be for a period not to exceed sixty days.

(d) Nondisclosure of existence of pen register or a trap and trace device.--An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that--

(1) the order be sealed until otherwise ordered by the court; and

(2) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title III, 301(a), Oct. 21, 1986, 100 Stat. 1869.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 302 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 302 of Pub.L. 99-508, set out as a note under section 3121 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555.

LIBRARY REFERENCES

Telecommunications k493.

C.J.S. Telegraphs, Telephones, Radio, and Television ss 122, 287.

ANNOTATIONS

NOTES OF DECISIONS

Constitutionality 1

Jurisdiction 2

1. Constitutionality

Statutory requirement of judicial review in connection with pen register and trace requests did not subject courts to discretion of the Executive in violation of constitutional separation of powers provision. U.S. v. Hallmark, C.A.10 (Okl.) 1990, 911 F.2d 399.

2. Jurisdiction

District judge in Southern District of New York had jurisdiction to authorize Government's use of pen registers to monitor telephones in Brooklyn and Maryland where the pen registers in both instances were "installed and used" in New York. U.S. v. Burford, S.D.N.Y.1991, 755 F.Supp. 607.

18 U.S.C.A. 3123

18 USCA 3123

 

3124. Assistance in installation and use of a pen register or a trap and trace device

(a) Pen registers.--Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in section 3123(b)(2) of this title.

(b) Trap and trace device.--Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in section 3123(b)(2) of this title. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished, pursuant to section 3123(b) or section 3125 of this title, to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

(c) Compensation.--A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

(d) No cause of action against a provider disclosing information under this chapter.--No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter or request pursuant to section 3125 of this title.

(e) Defense.--A good faith reliance on a court order under this chapter, a request pursuant to section 3125 of this title, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title III, 301(a), Oct. 21, 1986, 100 Stat. 1870; and amended Pub.L. 100-690, Title VII, ss 7040, 7092(b), (d), Nov. 18, 1988, 102 Stat. 4399, 4411; Pub.L. 101-647, Title XXXV, 3575, Nov. 29, 1990, 104 Stat. 4929.)

HISTORICAL AND STATUTORY NOTES

1990 Amendment

Subsec. (b). Pub.L. 101-647 substituted "section 3123(b)" for "subsection 3123(b)".

1988 Amendment

Subsec. (b). Pub.L. 100-690, 7092(d), added ", pursuant to subsection 3123(b) or section 3125 of this title," following "shall be furnished".

Pub.L. 100-690, 7040, substituted "designated in the court order," for "designated in the court,".

Subsec. (d). Pub.L. 100-690, 7092(b)(1), added "or request pursuant to section 3125 of this title" following "under this chapter".

Subsec. (e). Pub.L. 100-690, 7092(b)(2), added "under this chapter, a request pursuant to section 3125 of this title" following "a court order".

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 302 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 302 of Pub.L. 99-508, set out as a note under section 3121 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690, 1988 U.S.Code Cong. and Adm.News, p. 5937; Pub.L. 101-647, 1990 U.S.Code Cong. and Adm.News, p. 6472.

LIBRARY REFERENCES

Telecommunications k493.

C.J.S. Telegraphs, Telephones, Radio, and Television ss 122, 287.

18 U.S.C.A. 3124

18 USCA 3124

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3125. Emergency pen register and trap and trace device installation

(a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that--

(1) an emergency situation exists that involves--

(A) immediate danger of death or serious bodily injury to any person; or

(B) conspiratorial activities characteristic of organized crime,

that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and

(2) there are grounds upon which an order could be entered under this chapter to authorize such installation and use "may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with section 3123 of this title." [FN1PP]

(b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier.

(c) The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the authorizing order within forty- eight hours of the installation shall constitute a violation of this chapter.

(d) A provider for a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

1993 Supplemental Credit(s)

(Added Pub.L. 100-690, Title VII, 7092(a)(2), Nov. 18, 1988, 102 Stat. 4410.)

[FN1PP] So in original. Quoted material probably should not appear.

HISTORICAL AND STATUTORY NOTES

Prior Provisions

A prior section 3125 was renumbered section 3126 by Pub.L. 100-690, Title VII, 7029(a)(1), Nov. 18, 1988, 102 Stat. 4410.

Legislative History

For legislative history and purpose of Pub.L. 100-690, see 1988 U.S.Code Cong. and Adm. News, p. 5937.

LIBRARY REFERENCES

Telecommunications k493.

WESTLAW Topic No. 372.

C.J.S. Telegraphs, Telephones, Radio, and Television ss 122, 287.

18 U.S.C.A. 3125

18 USCA 3125

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3126. Reports concerning pen registers and trap and trace devices

The Attorney General shall annually report to Congress on the number of pen register orders and orders for trap and trace devices applied for by law enforcement agencies of the Department of Justice.

1993 Supplemental Credit(s)

(Added Pub.L. 99-508, Title III, 301(a), Oct. 21, 1986, 100 Stat. 1871, 3125, and renumbered 3126, Pub.L. 100-690, Title VII, 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 302 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 302 of Pub.L. 99-508 set out as a note under section 3121 of this title.

Prior Provisions

A prior section 3126 was renumbered section 3127 by Pub.L. 100-690, Title VII, 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690, 1988 U.S.Code Cong. and Adm.News, p. 5937.

LIBRARY REFERENCES

Telecommunications k493.

C.J.S. Telegraphs, Telephones, Radio, and Television ss 122, 287.

18 U.S.C.A. 3126

18 USCA 3126

 

3127. Definitions for chapter

As used in this chapter--

(1) the terms "wire communication", "electronic communication", and "electronic communication service" have the meanings set forth for such terms in section 2510 of this title;

(2) the term "court of competent jurisdiction" means--

(A) a district court of the United States (including a magistrate of such a court) or a United States Court of Appeals; or

(B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device;

(3) the term "pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;

(4) the term "trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted;

(5) the term "attornefor the Government" has the meaning given such term for the purposes of the Federal Rules of Criminal Procedure; and

(6) the term "State" means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the United States.

1994 Pocket Part Credit(s)

(Added Pub.L. 99-508, Title III, 301(a), Oct. 21, 1986, 100 Stat. 1871, 3126, and renumbered 3127, Pub.L. 100-690, Title VII, 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.)

HISTORICAL AND STATUTORY NOTES

Effective Date

Section effective 90 days after Oct. 21, 1986 except as otherwise provided in section 302 of Pub.L. 99- 508 with respect to conduct pursuant to court order or extension, see section 302 of Pub.L. 99-508, set out as a note under section 3121 of this title.

Legislative History

For legislative history and purpose of Pub.L. 99-508, see 1986 U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690, 1988 U.S.Code Cong. and Adm.News, p. 5937.

18 U.S.C.A. 3127

18 USCA 3127