-CITE-

18 USC CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS

INTERCEPTION AND INTERCEPTION OF ORAL

COMMUNICATIONS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

.

-HEAD-

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-MISC1-

Sec.

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 Repealed.)

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.

2522. Enforcement of the Communications Assistance for Law

Enforcement Act.

AMENDMENTS

1994 - Pub. L. 103-414, title II, Sec. 201(b)(3), Oct. 25, 1994,

108 Stat. 4290, added item 2522.

1988 - Pub. L. 100-690, title VII, Sec. 7035, Nov. 18, 1988, 102

Stat. 4398, substituted ''wire, oral, or electronic'' for ''wire or

oral'' in items 2511, 2512, 2513, 2516, 2517, 2518, and 2519.

1986 - Pub. L. 99-508, title I, Sec. 101(c)(2), 110(b), Oct. 21,

1986, 100 Stat. 1851, 1859, inserted ''AND ELECTRONIC

COMMUNICATIONS'' in chapter heading and added item 2521.

1970 - Pub. L. 91-452, title II, Sec. 227(b), Oct. 15, 1970, 84

Stat. 930, struck out item 2514 ''Immunity of witnesses'', which

section was repealed four years following the sixtieth day after

Oct. 15, 1970.

1968 - Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82

Stat. 212, added chapter 119 and items 2510 to 2520.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1029, 2232, 2712 of this

title; title 47 sections 551, 605, 1008; title 50 section 1805.

-CITE-

18 USC Sec. 2510 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2510. Definitions

-STATUTE-

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 or communications affecting interstate

or foreign commerce;

(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. (FOOTNOTE

1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(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'' has the meaning given

that term in section 3 of the Communications Act of 1934;

(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) any wire or oral communication;

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

(C) any communication from a tracking device (as defined in

section 3117 of this title); or

(D) electronic funds transfer information stored by a

financial institution in a communications system used for the

electronic storage and transfer of funds;

(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 wire or 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;

(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;

(19) ''foreign intelligence information'', for purposes of

section 2517(6) of this title, means -

(A) information, whether or not concerning a United States

person, that relates to the ability of the United States to

protect against -

(i) actual or potential attack or other grave hostile acts

of a foreign power or an agent of a foreign power;

(ii) sabotage or international terrorism by a foreign power

or an agent of a foreign power; or

(iii) clandestine intelligence activities by an

intelligence service or network of a foreign power or by an

agent of a foreign power; or

(B) information, whether or not concerning a United States

person, with respect to a foreign power or foreign territory

that relates to -

(i) the national defense or the security of the United

States; or

(ii) the conduct of the foreign affairs of the United

States;

(20) ''protected computer'' has the meaning set forth in

section 1030; and

(21) ''computer trespasser'' -

(A) means a person who accesses a protected computer without

authorization and thus has no reasonable expectation of privacy

in any communication transmitted to, through, or from the

protected computer; and

(B) does not include a person known by the owner or operator

of the protected computer to have an existing contractual

relationship with the owner or operator of the protected

computer for access to all or part of the protected computer.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

212; amended Pub. L. 99-508, title I, Sec. 101(a), (c)(1)(A), (4),

Oct. 21, 1986, 100 Stat. 1848, 1851; Pub. L. 103-414, title II,

Sec. 202(a), 203, Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L.

104-132, title VII, Sec. 731, Apr. 24, 1996, 110 Stat. 1303; Pub.

L. 107-56, title II, Sec. 203(b)(2), 209(1), 217(1), Oct. 26, 2001,

115 Stat. 280, 283, 290; Pub. L. 107-108, title III, Sec. 314(b),

Dec. 28, 2001, 115 Stat. 1402; Pub. L. 107-273, div. B, title IV,

Sec. 4002(e)(10), Nov. 2, 2002, 116 Stat. 1810.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Termination

Date of 2001 Amendment note below.

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Communications Act of 1934, referred to in par.

(10), is classified to section 153 of Title 47, Telegraphs,

Telephones, and Radiotelegraphs.

-MISC2-

AMENDMENTS

2002 - Par. (10). Pub. L. 107-273 substituted ''has the meaning

given that term in section 3 of the Communications Act of 1934;''

for ''shall have the same meaning which is given the term 'common

carrier' by section 153(h) of title 47 of the United States

Code;''.

2001 - Par. (1). Pub. L. 107-56, Sec. 209(1)(A), 224, temporarily

struck out ''and such term includes any electronic storage of such

communication'' before semicolon at end. See Termination Date of

2001 Amendment note below.

Par. (14). Pub. L. 107-56, Sec. 209(1)(B), 224, temporarily

inserted ''wire or'' after ''transmission of''. See Termination

Date of 2001 Amendment note below.

Par. (19). Pub. L. 107-108 inserted '', for purposes of section

2517(6) of this title,'' before ''means'' in introductory

provisions.

Pub. L. 107-56, Sec. 203(b)(2), 224, temporarily added par. (19).

See Termination Date of 2001 Amendment note below.

Pars. (20), (21). Pub. L. 107-56, Sec. 217(1), 224, temporarily

added pars. (20) and (21). See Termination Date of 2001 Amendment

note below.

1996 - Par. (12)(D). Pub. L. 104-132, Sec. 731(1), added subpar.

(D).

Par. (16)(F). Pub. L. 104-132, Sec. 731(2), struck out subpar.

(F) which read as follows: ''an electronic communication;''.

1994 - Par. (1). Pub. L. 103-414, Sec. 202(a)(1), struck out

before semicolon at end '', 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''.

Par. (12). Pub. L. 103-414, Sec. 202(a)(2), redesignated subpars.

(B) to (D) as (A) to (C), respectively, and struck out former

subpar. (A) which read as follows: ''the radio portion of a

cordless telephone communication that is transmitted between the

cordless telephone handset and the base unit;''.

Par. (16)(F). Pub. L. 103-414, Sec. 203, added subpar. (F).

1986 - Par. (1). Pub. L. 99-508, Sec. 101(a)(1), substituted

''any aural transfer'' for ''any communication'', inserted

''(including the use of such connection in a switching station)''

after ''reception'', struck out ''as a common carrier'' after

''person engaged'', and inserted ''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'' before the semicolon at end.

Par. (2). Pub. L. 99-508, Sec. 101(a)(2), inserted '', but such

term does not include any electronic communication'' before the

semicolon at end.

Par. (4). Pub. L. 99-508, Sec. 101(a)(3), inserted ''or other''

after ''aural'' and '', electronic,'' after ''wire''.

Par. (5). Pub. L. 99-508, Sec. 101(a)(4), (c)(1)(A), (4),

substituted ''wire, oral, or electronic'' for ''wire or oral'' in

introductory provisions, substituted ''provider of wire or

electronic communication service'' for ''communications common

carrier'' in subpars. (a)(i) and (ii), and inserted ''or furnished

by such subscriber or user for connection to the facilities of such

service and used in the ordinary course of its business'' before

the semicolon in subpar. (a)(i).

Par. (8). Pub. L. 99-508, Sec. 101(a)(5), (c)(1)(A), substituted

''wire, oral, or electronic'' for ''wire or oral'' and struck out

''identity of the parties to such communication or the existence,''

after ''concerning the''.

Pars. (9)(b), (11). Pub. L. 99-508, Sec. 101(c)(1)(A),

substituted ''wire, oral, or electronic'' for ''wire or oral''.

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

(12) to (18).

TERMINATION DATE OF 2001 AMENDMENT

Pub. L. 107-56, title II, Sec. 224, Oct. 26, 2001, 115 Stat. 295,

provided that:

''(a) In General. - Except as provided in subsection (b), this

title (enacting section 2712 of this title, section 7210 of Title

22, Foreign Relations and Intercourse, and sections 403-5d, 1861,

and 1862 of Title 50, War and National Defense, amending this

section, sections 2511, 2516, 2517, 2520, 2702, 2703, 2707, 2711,

3103a, 3121, 3123, 3124, and 3127 of this title, sections 7203 and

7205 of Title 22, section 551 of Title 47, Telegraphs, Telephones,

and Radiotelegraphs, sections 1803 to 1805, 1823, 1824, 1842, and

1843 of Title 50, and Rules 6 and 41 of the Federal Rules of

Criminal Procedure, repealing sections 1861 to 1863 of Title 50,

and enacting provisions set out as notes under sections 2517, and

3124 of this title and section 532 of Title 28, Judiciary and

Judicial Procedure) and the amendments made by this title (other

than sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219,

221, and 222 (amending sections 2703, 3103a, 3121, 3123, 3124, 3127

of this title, sections 7203 and 7205 of Title 22, section 551 of

Title 47, section 1803 of Title 50, and Rules 6 and 41 of the

Federal Rules of Criminal Procedure), and the amendments made by

those sections) shall cease to have effect on December 31, 2005.

''(b) Exception. - With respect to any particular foreign

intelligence investigation that began before the date on which the

provisions referred to in subsection (a) cease to have effect, or

with respect to any particular offense or potential offense that

began or occurred before the date on which such provisions cease to

have effect, such provisions shall continue in effect.''

EFFECTIVE DATE OF 1986 AMENDMENT

Section 111 of title I 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, and 2516 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 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 of this

title) shall take effect on the date of enactment of this Act (Oct.

21, 1986).''

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-112, Sec. 1, Nov. 21, 1997, 111 Stat. 2273, provided

that: ''This Act (amending section 2512 of this title) may be cited

as the 'Law Enforcement Technology Advertisement Clarification Act

of 1997'.''

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 sections 2232, 2511 to 2513, and 2516 to 2520 of

this title, and enacting provisions set out as notes under this

section and sections 2701 and 3121 of this title) may be cited as

the 'Electronic Communications Privacy Act of 1986'.''

INTELLIGENCE ACTIVITIES

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

''(a) In General. - Nothing in this Act or the amendments made by

this Act (see Short Title of 1986 Amendment note 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. 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.''

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.''

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. 91-452,

title XII, Sec. 1212, Oct. 15, 1970, 84 Stat. 961; Pub. L. 91-644,

title VI, Sec. 20, Jan. 2, 1971, 84 Stat. 1892; Pub. L. 93-609,

Sec. 1-4, Jan. 2, 1975, 88 Stat. 1972, 1973; Pub. L. 94-176, Dec.

23, 1975, 89 Stat. 1031, established a National Commission for the

Review of Federal and State Laws Relating to Wiretapping and

Electronic Surveillance, provided for its membership, Chairman,

powers and functions, compensation and allowances, required the

Commission to study and review the operation of the provisions of

this chapter to determine their effectiveness and to submit interim

reports and a final report to the President and to the Congress of

its findings and recommendations on or before Apr. 30, 1976, and

also provided for its termination sixty days after submission of

the final report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2517, 2711, 3103a, 3127,

3504 of this title; title 15 section 1114; title 27 section 122b;

title 42 section 13032; title 47 section 1001.

-CITE-

18 USC Sec. 2511 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2511. Interception and disclosure of wire, oral, or electronic

communications prohibited

-STATUTE-

(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;

(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; or

(e)(i) intentionally discloses, or endeavors to disclose, to

any other person the contents of any wire, oral, or electronic

communication, intercepted by means authorized by sections

2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518 of

this chapter, (ii) knowing or having reason to know that the

information was obtained through the interception of such a

communication in connection with a criminal investigation, (iii)

having obtained or received the information in connection with a

criminal investigation, and (iv) with intent to improperly

obstruct, impede, or interfere with a duly authorized criminal

investigation,

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 an officer, employee, or agent of a

provider of wire or electronic communication service, whose

facilities are used in the transmission of a wire or electronic

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, statutory

authorization, 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 206 of

this title, 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 or chapter 121 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, oral, and electronic

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.

(i) It shall not be unlawful under this chapter for a person

acting under color of law to intercept the wire or electronic

communications of a computer trespasser transmitted to, through, or

from the protected computer, if -

(I) the owner or operator of the protected computer authorizes

the interception of the computer trespasser's communications on

the protected computer;

(II) the person acting under color of law is lawfully engaged

in an investigation;

(III) the person acting under color of law has reasonable

grounds to believe that the contents of the computer trespasser's

communications will be relevant to the investigation; and

(IV) such interception does not acquire communications other

than those transmitted to or from the computer trespasser.

(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) 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.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

213; amended Pub. L. 91-358, title II, Sec. 211(a), July 29, 1970,

84 Stat. 654; Pub. L. 95-511, title II, Sec. 201(a)-(c), Oct. 25,

1978, 92 Stat. 1796, 1797; Pub. L. 98-549, Sec. 6(b)(2), Oct. 30,

1984, 98 Stat. 2804; Pub. L. 99-508, title I, Sec. 101(b), (c)(1),

(5), (6), (d), (f)((1)), 102, Oct. 21, 1986, 100 Stat. 1849,

1851-1853; Pub. L. 103-322, title XXXII, Sec. 320901, title XXXIII,

Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2123, 2147; Pub. L.

103-414, title II, Sec. 202(b), 204, 205, Oct. 25, 1994, 108 Stat.

4290, 4291; Pub. L. 104-294, title VI, Sec. 604(b)(42), Oct. 11,

1996, 110 Stat. 3509; Pub. L. 107-56, title II, Sec. 204, 217(2),

Oct. 26, 2001, 115 Stat. 281, 291; Pub. L. 107-296, title II, Sec.

225(h)(2), (j)(1), Nov. 25, 2002, 116 Stat. 2158.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Termination

Date of 2001 Amendment note below.

-REFTEXT-

REFERENCES IN TEXT

The Foreign Intelligence Surveillance Act of 1978, referred to in

par. (2)(e), (f), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783,

which is classified principally to chapter 36 (Sec. 1801 et seq.)

of Title 50, War and National Defense. Section 101 of the Foreign

Intelligence Surveillance Act of 1978, referred to in par.

(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.

Sections 633, 705, and 706 of the Communications Act of 1934,

referred to in par. (2)(e), (f), (g)(iii), are classified to

sections 553, 605, and 606 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs, respectively.

-MISC2-

AMENDMENTS

2002 - Par. (2)(a)(ii). Pub. L. 107-296, Sec. 225(h)(2), inserted

'', statutory authorization,'' after ''terms of a court order'' in

concluding provisions.

Par. (4)(b), (c). Pub. L. 107-296, Sec. 225(j)(1), redesignated

subpar. (c) as (b) and struck out former subpar. (b) which read as

follows: ''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, encrypted, or transmitted

using modulation techniques the essential parameters of which have

been withheld from the public with the intention of preserving the

privacy of such communication, then -

''(i) if the communication is not the radio portion of a

cellular telephone communication, a cordless telephone

communication that is transmitted between the cordless telephone

handset and the base unit, 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 cordless telephone communication that

is transmitted between the cordless telephone handset and the

base unit, a public land mobile radio service communication or a

paging service communication, the offender shall be fined under

this title.''

2001 - Par. (2)(f). Pub. L. 107-56, Sec. 204, 224, temporarily

substituted ''this chapter or chapter 121 or 206 of this title, or

section 705 of the Communications Act of 1934'' for ''this chapter

or chapter 121, or section 705 of the Communications Act of 1934''

and ''wire, oral, and electronic communications'' for ''wire and

oral communications''. See Termination Date of 2001 Amendment note

below.

Par. (2)(i). Pub. L. 107-56, Sec. 217(2), 224, temporarily added

subpar. (i). See Termination Date of 2001 Amendment note below.

1996 - Par. (1)(e)(i). Pub. L. 104-294 substituted ''sections

2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518 of this

chapter'' for ''sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e),

2516, and 2518 of this subchapter''.

1994 - Par. (1)(e). Pub. L. 103-322, Sec. 320901, added par.

(1)(e).

Par. (2)(a)(i). Pub. L. 103-414, Sec. 205, inserted ''or

electronic'' after ''transmission of a wire''.

Par. (4)(b). Pub. L. 103-414, Sec. 204, in introductory

provisions substituted '', encrypted, or transmitted using

modulation techniques the essential parameters of which have been

withheld from the public with the intention of preserving the

privacy of such communication, then'' for ''or encrypted, then''.

Par. (4)(b)(i). Pub. L. 103-414, Sec. 202(b)(1), inserted ''a

cordless telephone communication that is transmitted between the

cordless telephone handset and the base unit,'' after ''cellular

telephone communication,''.

Par. (4)(b)(ii). Pub. L. 103-414, Sec. 202(b)(2), inserted ''a

cordless telephone communication that is transmitted between the

cordless telephone handset and the base unit,'' after ''cellular

telephone communication,''.

Pub. L. 103-322, Sec. 330016(1)(G), substituted ''fined under

this title'' for ''fined not more than $500''.

1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire,

oral, or electronic'' for ''wire or oral'' in section catchline.

Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (d)(1), (f)((1)),

substituted ''intentionally'' for ''willfully'' in subpars. (a) to

(d) and ''wire, oral, or electronic' for ''wire or oral'' wherever

appearing in subpars. (a), (c), and (d), and in concluding

provisions 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. (2)(a)(i). Pub. L. 99-508, Sec. 101(c)(5), substituted ''a

provider of wire or electronic communication service'' for ''any

communication common carrier'' and ''of the provider of that

service, except that a provider of wire communication service to

the public'' for ''of the carrier of such communication: Provided,

That said communication common carriers''.

Par. (2)(a)(ii). Pub. L. 99-508, Sec. 101(b)(1), (c)(1)(A), (6),

substituted ''providers of wire or electronic communication

service'' for ''communication common carriers'', ''wire, oral, or

electronic'' for ''wire or oral'', ''if such provider'' for ''if

the common carrier'', ''provider of wire or electronic

communication service'' for ''communication common carrier''

wherever appearing, ''such disclosure'' for ''violation of this

subparagraph by a communication common carrier or an officer,

employee, or agent thereof'', ''render such person liable'' for

''render the carrier liable'', and ''a court order or certification

under this chapter'' for ''an order or certification under this

subparagraph'' in two places.

Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(B), inserted ''or

electronic'' after ''wire''.

Par. (2)(c). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted

''wire, oral, or electronic'' for ''wire or oral''.

Par. (2)(d). Pub. L. 99-508, Sec. 101(b)(2), (c)(1)(A),

substituted ''wire, oral, or electronic'' for ''wire or oral'' and

struck out ''or for the purpose of committing any other injurious

act'' after ''of any State''.

Par. (2)(f). Pub. L. 99-508, Sec. 101(b)(3), inserted ''or

chapter 121'' in two places and substituted ''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)(g), (h). Pub. L. 99-508, Sec. 101(b)(4), added subpars.

(g) and (h).

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

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

and (5).

1984 - Par. (2)(e). Pub. L. 98-549, Sec. 6(b)(2)(A), substituted

''section 705 or 706'' for ''section 605 or 606''.

Par. (2)(f). Pub. L. 98-549, Sec. 6(b)(2)(B), substituted

''section 705'' for ''section 605''.

1978 - Par. (2)(a)(ii). Pub. L. 95-511, Sec. 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), (f). Pub. L. 95-511, Sec. 201(b), added par. (2)(e)

and (f).

Par. (3). Pub. L. 95-511, Sec. 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 - Par. (2)(a). Pub. L. 91-358 designated existing provisions

as cl. (i) and added cl. (ii).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

TERMINATION DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-56 to cease to have effect Dec. 31,

2005, except amendment to continue in effect with respect to any

particular foreign intelligence investigation that began before

Dec. 31, 2005, or with respect to any particular offense or

potential offense that began or occurred before Dec. 31, 2005, see

section 224 of Pub. L. 107-56, set out as a note under section 2510

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,

1986, and, in case of conduct pursuant to court order or extension,

applicable only with respect to court orders and extensions made

after such date, with special rule for State authorizations of

interceptions, 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 effective 60 days after Oct. 30,

1984, see section 9(a) of Pub. L. 98-549, set out as an Effective

Date 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 401 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

Amendment by Pub. L. 91-358 effective on first day of seventh

calendar month which begins after July 29, 1970, see section 901(a)

of Pub. L. 91-358.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2513, 2516, 2520, 2702,

2707 of this title; title 50 section 1801.

-CITE-

18 USC Sec. 2512 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2512. Manufacture, distribution, possession, and advertising

of wire, oral, or electronic communication intercepting devices

prohibited

-STATUTE-

(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 or disseminates by electronic means 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 the content of the advertisement and 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 under this title 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 communication 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.

(3) It shall not be unlawful under this section to advertise for

sale a device described in subsection (1) of this section if the

advertisement is mailed, sent, or carried in interstate or foreign

commerce solely to a domestic provider of wire or electronic

communication service or to an agency of the United States, a

State, or a political subdivision thereof which is duly authorized

to use such device.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

214; amended Pub. L. 99-508, title I, Sec. 101(c)(1)(A), (7),

(f)(2), Oct. 21, 1986, 100 Stat. 1851, 1853; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), 330022, Sept. 13, 1994, 108 Stat. 2147,

2150; Pub. L. 104-294, title VI, Sec. 604(b)(45), Oct. 11, 1996,

110 Stat. 3509; Pub. L. 105-112, Sec. 2, Nov. 21, 1997, 111 Stat.

2273; Pub. L. 107-296, title II, Sec. 225(f), Nov. 25, 2002, 116

Stat. 2158.)

-MISC1-

AMENDMENTS

2002 - Par. (1)(c). Pub. L. 107-296, in introductory provisions,

inserted ''or disseminates by electronic means'' after ''or other

publication'' and, in concluding provisions, inserted ''knowing the

content of the advertisement and'' before ''knowing or having

reason to know''.

1997 - Par. (3). Pub. L. 105-112 added par. (3).

1996 - Par. (2). Pub. L. 104-294 amended directory language of

Pub. L. 103-322, Sec. 330022. See 1994 Amendment note below.

1994 - Par. (1). Pub. L. 103-322, Sec. 330016(1)(L), substituted

''fined under this title'' for ''fined not more than $10,000'' in

concluding provisions.

Par. (2). Pub. L. 103-322, Sec. 330022, as amended by Pub. L.

104-294, realigned margins of concluding provisions.

1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire,

oral, or electronic'' for ''wire or oral'' in section catchline.

Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (f)(2), substituted

''intentionally'' for ''willfully'' in introductory provision and

''wire, oral, or electronic'' for ''wire or oral'' in subpars. (a),

(b), and (c)(i), (ii).

Par. (2)(a). Pub. L. 99-508, Sec. 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 ''business of providing

that wire or electronic communication service'' for

''communications common carrier's business''.

Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted

''wire, oral, or electronic'' for ''wire or oral''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,

1986, and, in case of conduct pursuant to court order or extension,

applicable only with respect to court orders and extensions made

after such date, with special rule for State authorizations of

interceptions, see section 111 of Pub. L. 99-508, set out as a note

under section 2510 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2513, 2516 of this title.

-CITE-

18 USC Sec. 2513 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2513. Confiscation of wire, oral, or electronic communication

intercepting devices

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

215; amended Pub. L. 99-508, title I, Sec. 101(c)(1)(A), Oct. 21,

1986, 100 Stat. 1851.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-508 substituted ''wire, oral, or electronic''

for ''wire or oral'' in section catchline.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,

1986, and, in case of conduct pursuant to court order or extension,

applicable only with respect to court orders and extensions made

after such date, with special rule for State authorizations of

interceptions, see section 111 of Pub. L. 99-508, set out as a note

under section 2510 of this title.

-CITE-

18 USC Sec. 2514 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

(Sec. 2514. Repealed. Pub. L. 91-452, title II, Sec. 227(a), Oct.

15, 1970, 84 Stat. 930)

-MISC1-

Section, Pub. L. 90-351, title II, Sec. 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 covered in sections 6002 and 6003

of this title.

EFFECTIVE DATE OF REPEAL

Sections 227(a) and 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 an Effective Date; Savings Provision note under

section 6001 of this title.

-CITE-

18 USC Sec. 2515 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2515. Prohibition of use as evidence of intercepted wire or

oral communications

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

216.)

-CITE-

18 USC Sec. 2516 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2516. Authorization for interception of wire, oral, or

electronic communications

-STATUTE-

(1) The Attorney General, Deputy Attorney General, Associate

Attorney General, (FOOTNOTE 1) or any Assistant Attorney General,

any acting Assistant Attorney General, or any Deputy Assistant

Attorney General or acting 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 -

(FOOTNOTE 1) See 1984 Amendment note below.

(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 90 (relating to protection of

trade secrets), 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, kidnapping,

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 38 (relating to aircraft parts fraud), section 1963

(violations with respect to racketeer influenced and corrupt

organizations), section 115 (relating to threatening or

retaliating against a Federal official), section 1341 (relating

to mail fraud), a felony violation of section 1030 (relating to

computer fraud and abuse), section 351 (violations with respect

to congressional, Cabinet, or Supreme Court assassinations,

kidnapping, 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), section 1992

(relating to wrecking trains), a felony violation of section 1028

(relating to production of false identification documentation),

section 1425 (relating to the procurement of citizenship or

nationalization unlawfully), section 1426 (relating to the

reproduction of naturalization or citizenship papers), section

1427 (relating to the sale of naturalization or citizenship

papers), section 1541 (relating to passport issuance without

authority), section 1542 (relating to false statements in

passport applications), section 1543 (relating to forgery or

false use of passports), section 1544 (relating to misuse of

passports), or section 1546 (relating to fraud and misuse of

visas, permits, and other documents);

(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 60123(b) (relating to destruction

of a natural gas pipeline) or section 46502 (relating to aircraft

piracy) of title 49;

(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;

(m) a violation of section 274, 277, or 278 of the Immigration

and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to

the smuggling of aliens);

(n) any felony violation of sections 922 and 924 of title 18,

United States Code (relating to firearms);

(o) any violation of section 5861 of the Internal Revenue Code

of 1986 (relating to firearms);

(p) a felony violation of section 1028 (relating to production

of false identification documents), section 1542 (relating to

false statements in passport applications), section 1546

(relating to fraud and misuse of visas, permits, and other

documents) of this title or a violation of section 274, 277, or

278 of the Immigration and Nationality Act (relating to the

smuggling of aliens); or (FOOTNOTE 2)

(FOOTNOTE 2) So in original. The word ''or'' probably should

not appear.

(q) any criminal violation of section 229 (relating to chemical

weapons); or sections (FOOTNOTE 3) 2332, 2332a, 2332b, 2332d,

2332f, 2339A, 2339B, or 2339C of this title (relating to

terrorism); or

(FOOTNOTE 3) So in original. Probably should be ''weapons) or

section''.

(r) 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, an 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.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

216; amended Pub. L. 91-452, title VIII, Sec. 810, title IX, Sec.

902(a), title XI, Sec. 1103, Oct. 15, 1970, 84 Stat. 940, 947, 959;

Pub. L. 91-644, title IV, Sec. 16, Jan. 2, 1971, 84 Stat. 1891;

Pub. L. 95-598, title III, Sec. 314(h), Nov. 6, 1978, 92 Stat.

2677; Pub. L. 97-285, Sec. 2(e), 4(e), Oct. 6, 1982, 96 Stat. 1220,

1221; Pub. L. 98-292, Sec. 8, May 21, 1984, 98 Stat. 206; Pub. L.

98-473, title II, Sec. 1203(c), Oct. 12, 1984, 98 Stat. 2152; Pub.

L. 99-508, title I, Sec. 101(c)(1)(A), 104, 105, Oct. 21, 1986, 100

Stat. 1851, 1855; Pub. L. 99-570, title I, Sec. 1365(c), Oct. 27,

1986, 100 Stat. 3207-35; Pub. L. 100-690, title VI, Sec. 6461,

title VII, Sec. 7036, 7053(d), 7525, Nov. 18, 1988, 102 Stat. 4374,

4399, 4402, 4502; Pub. L. 101-298, Sec. 3(b), May 22, 1990, 104

Stat. 203; Pub. L. 101-647, title XXV, Sec. 2531, title XXXV, Sec.

3568, Nov. 29, 1990, 104 Stat. 4879, 4928; Pub. L. 103-272, Sec.

5(e)(11), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322, title

XXXIII, Sec. 330011(c)(1), (q)(1), (r), 330021(1), Sept. 13, 1994,

108 Stat. 2144, 2145, 2150; Pub. L. 103-414, title II, Sec. 208,

Oct. 25, 1994, 108 Stat. 4292; Pub. L. 103-429, Sec. 7(a)(4)(A),

Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104-132, title IV, Sec. 434,

Apr. 24, 1996, 110 Stat. 1274; Pub. L. 104-208, div. C, title II,

Sec. 201, Sept. 30, 1996, 110 Stat. 3009-564; Pub. L. 104-287, Sec.

6(a)(2), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104-294, title I,

Sec. 102, title VI, Sec. 601(d), Oct. 11, 1996, 110 Stat. 3491,

3499; Pub. L. 105-318, Sec. 6(b), Oct. 30, 1998, 112 Stat. 3011;

Pub. L. 106-181, title V, Sec. 506(c)(2)(B), Apr. 5, 2000, 114

Stat. 139; Pub. L. 107-56, title II, Sec. 201, 202, Oct. 26, 2001,

115 Stat. 278; Pub. L. 107-197, title III, Sec. 301(a), June 25,

2002, 116 Stat. 728; Pub. L. 107-273, div. B, title IV, Sec.

4002(c)(1), 4005(a)(1), Nov. 2, 2002, 116 Stat. 1808, 1812.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Termination

Date of 2001 Amendment note below.

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in par. (1)(a), is act

Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,

Sec. 1, 68 Stat. 921, and amended, which is classified generally to

chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 2011 of Title 42 and Tables.

The Arms Export Control Act, referred to in par. (1)(k), is Pub.

L. 90-269, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 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.

Section 5861 of the Internal Revenue Code of 1986, referred to in

par. (1)(o), is classified to section 5861 of Title 26, Internal

Revenue Code.

The Federal Rules of Criminal Procedure, referred to in par. (3),

are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Par. (1)(n). Pub. L. 107-273, Sec. 4002(c)(1), repealed

Pub. L. 104-294, Sec. 601(d)(2). See 1996 Amendment note below.

Par. (1)(q). Pub. L. 107-273, Sec. 4005(a)(1), realigned margins.

Pub. L. 107-197 inserted ''2332f,'' after ''2332d,'' and

substituted ''2339B, or 2339C'' for ''or 2339B''.

2001 - Par. (1)(c). Pub. L. 107-56, Sec. 202, 224, temporarily

substituted ''section 1341 (relating to mail fraud), a felony

violation of section 1030 (relating to computer fraud and abuse),''

for ''and section 1341 (relating to mail fraud),''. See

Termination Date of 2001 Amendment note below.

Par. (1)(p). Pub. L. 107-56, Sec. 201(1), 224, temporarily

redesignated subpar. (p), relating to conspiracy, as (r). See

Termination Date of 2001 Amendment note below.

Par. (1)(q). Pub. L. 107-56, Sec. 201(2), 224, temporarily added

subpar. (q). See Termination Date of 2001 Amendment note below.

Par. (1)(r). Pub. L. 107-56, Sec. 201(1), 224, temporarily

redesignated subpar. (p), relating to conspiracy, as (r). See

Termination Date of 2001 Amendment note below.

2000 - Par. (1)(c). Pub. L. 106-181 inserted ''section 38

(relating to aircraft parts fraud),'' after ''section 32 (relating

to destruction of aircraft or aircraft facilities),''.

1998 - Par. (1)(a). Pub. L. 105-318 inserted ''chapter 90

(relating to protection of trade secrets),'' after ''chapter 37

(relating to espionage),''.

1996 - Par. (1)(c). Pub. L. 104-294, Sec. 102, which directed

amendment of par. 1(c) by inserting ''chapter 90 (relating to

protection of trade secrets),'' after ''chapter 37 (relating to

espionage),'', could not be executed because phrase ''chapter 37

(relating to espionage),'' did not appear.

Pub. L. 104-208, Sec. 201(1), substituted ''section 1992

(relating to wrecking trains), a felony violation of section 1028

(relating to production of false identification documentation),

section 1425 (relating to the procurement of citizenship or

nationalization unlawfully), section 1426 (relating to the

reproduction of naturalization or citizenship papers), section 1427

(relating to the sale of naturalization or citizenship papers),

section 1541 (relating to passport issuance without authority),

section 1542 (relating to false statements in passport

applications), section 1543 (relating to forgery or false use of

passports), section 1544 (relating to misuse of passports), or

section 1546 (relating to fraud and misuse of visas, permits, and

other documents)'' for ''or section 1992 (relating to wrecking

trains)'' before semicolon at end.

Par. (1)(j). Pub. L. 104-287, Sec. 6(a)(2), amended directory

language of Pub. L. 103-272, Sec. 5(e)(11) as amended by Pub. L.

103-429, Sec. 7(a)(4)(A). See 1994 Amendment note below.

Par. (1)(l). Pub. L. 104-208, Sec. 201(2), and Pub. L. 104-294,

Sec. 601(d)(1), amended subpar. (l) identically, striking out

''or'' after semicolon at end.

Par. (1)(m). Pub. L. 104-208, Sec. 201(3), (4), added subpar.

(m). Former subpar. (m) redesignated (n).

Par. (1)(n). Pub. L. 104-294, Sec. 601(d)(2), which could not be

executed because of prior amendments by Pub. L. 104-132, Sec.

434(1) and Pub. L. 104-208, Sec. 201(3), was repealed by Pub. L.

107-273, Sec. 4002(c)(1). See below.

Pub. L. 104-208, Sec. 201(3), redesignated subpar. (m) as (n).

Former subpar. (n) redesignated (o).

Pub. L. 104-132, Sec. 434(1), struck out ''and'' at end.

Par. (1)(o). Pub. L. 104-208, Sec. 201(3), redesignated subpar.

(n) as (o). Former subpar. (o) redesignated (p).

Pub. L. 104-132 added subpar. (o) and redesignated former subpar.

(o) as (p).

Par. (1)(p). Pub. L. 104-208, Sec. 201(3), redesignated subpar.

(o), relating to felony violation of section 1028, etc., as (p).

Pub. L. 104-132, Sec. 434(2), redesignated subpar. (o), relating

to conspiracy, as (p).

1994 - Par. (1). Pub. L. 103-414 in introductory provisions

inserted ''or acting Deputy Assistant Attorney General'' after

''Deputy Assistant Attorney General''.

Par. (1)(c). Pub. L. 103-322, Sec. 330021(1), substituted

''kidnapping'' for ''kidnaping'' in two places.

Pub. L. 103-322, Sec. 330011(c)(1), amended directory language of

Pub. L. 101-298, Sec. 3(b). See 1990 Amendment note below.

Par. (1)(j). Pub. L. 103-322, Sec. 330011(r), amended directory

language of Pub. L. 101-647, Sec. 2531(3). See 1990 Amendment note

below.

Pub. L. 103-322, Sec. 330011(q)(1), repealed Pub. L. 101-647,

Sec. 3568. See 1990 Amendment note below.

Pub. L. 103-272, Sec. 5(e)(11), as amended by Pub. L. 103-429,

Sec. 7(a)(4)(A); Pub. L. 104-287, Sec. 6(a)(2), substituted

''section 60123(b) (relating to destruction of a natural gas

pipeline) or section 46502 (relating to aircraft piracy) of title

49;'' for ''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);''.

1990 - Par. (1)(c). Pub. L. 101-647, Sec. 2531(1), inserted

''section 215 (relating to bribery of bank officials),'' before

''section 224'', ''section 1032 (relating to concealment of

assets),'' before section 1084, ''section 1014 (relating to loans

and credit applications generally; renewals and discounts),''

before ''sections 1503,'' and ''section 1344 (relating to bank

fraud),'' before ''sections 2251 and 2252'' and struck out ''the

section in chapter 65 relating to destruction of an energy

facility,'' after ''retaliating against a Federal official),''.

Pub. L. 101-298, Sec. 3(b), as amended by Pub. L. 103-322, Sec.

330011(c)(1), inserted ''section 175 (relating to biological

weapons),'' after ''section 33 (relating to destruction of motor

vehicles or motor vehicle facilities),''.

Par. (1)(j). Pub. L. 101-647, Sec. 3568, which directed amendment

of subsec. (j) by substituting ''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 1679a(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'', and which was probably intended as an amendment to par.

(1)(j), was repealed by Pub. L. 103-322, Sec. 330011(q)(1).

Pub. L. 101-647, Sec. 2531(3), as amended by Pub. L. 103-322,

Sec. 330011(r), 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 1679a(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). Pub. L. 101-647, Sec. 2531(2)(A), struck out subpar.

(m) relating to conspiracy which read as follows: ''any conspiracy

to commit any of the foregoing offenses.''

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

(o).

1988 - Par. (1). Pub. L. 100-690, Sec. 7036(a)(1), inserted

''or'' after ''Associate Attorney General,'' in introductory

provisions.

Par. (1)(a). Pub. L. 100-690, Sec. 7036(c)(1), which directed the

amendment of subpar. (a) by substituting ''(relating to riots),''

for ''(relating to riots);'' was executed by substituting

''(relating to riots),'' for ''(relating to riots)'' as the

probable intent of Congress.

Par. (1)(c). Pub. L. 100-690, Sec. 7053(d), which directed the

amendment of section 2516(c) by substituting ''1958'' for ''1952A''

and ''1959'' for ''1952B'' was executed by making the substitutions

in par. (1)(c) as the probable intent of Congress.

Pub. L. 100-690, Sec. 7036(b), struck out ''section 2252 or 2253

(sexual exploitation of children),'' after ''wire, radio, or

television),'' and substituted ''section 2321'' for ''the second

section 2320''.

Pub. L. 100-690, Sec. 7036(a)(2), which directed the amendment of

par. (1) by striking the comma that follows a comma was executed to

subpar. (c) by striking out the second comma after ''to mail

fraud)''.

Par. (1)(i). Pub. L. 100-690, Sec. 7525, added subpar. (i) and

redesignated former subpar. (i) as (j).

Par. (1)(j). Pub. L. 100-690, Sec. 7525, redesignated former

subpar. (i) as (j). Former subpar. (j) redesignated (k).

Pub. L. 100-690, Sec. 7036(c)(2), which directed amendment of

subpar. (j) by striking ''or;'' was executed by striking ''or''

after ''Export Control Act);'' to reflect the probable intent of

Congress.

Par. (1)(k). Pub. L. 100-690, Sec. 7525, redesignated former

subpar. (j) as (k). Former subpar. (k) redesignated (l).

Pub. L. 100-690, Sec. 7036(c)(3), struck out ''or'' at end.

Par. (1)(l). Pub. L. 100-690, Sec. 7525, redesignated former

subpar. (k) as (l). Former subpar. (l) redesignated (m).

Par. (1)(m). Pub. L. 100-690, Sec. 7525, redesignated former

subpar. (l) relating to conspiracy as (m).

Pub. L. 100-690, Sec. 6461, added subpar. (m) relating to

sections 922 and 924.

Par. (1)(n). Pub. L. 100-690, Sec. 6461, added subpar. (n).

1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire,

oral, or electronic'' for ''wire or oral'' in section catchline.

Par. (1). Pub. L. 99-508, Sec. 104, substituted ''any Assistant

Attorney General, any acting Assistant Attorney General, or any

Deputy Assistant Attorney General in the Criminal Division'' for

''or any Assistant Attorney General'' in introductory provisions.

Par. (1)(a). Pub. L. 99-508, Sec. 105(a)(5), inserted ''section

2284 of title 42 of the United States Code (relating to sabotage of

nuclear facilities or fuel),'' struck out ''or'' after ''(relating

to treason),'' and inserted ''chapter 65 (relating to malicious

mischief), chapter 111 (relating to destruction of vessels), or

chapter 81 (relating to piracy)''.

Par. (1)(c). Pub. L. 99-570, which directed the amendment of

subpar. (c) 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 relating to

business enterprises of gambling),'' was executed by inserting this

phrase after ''section 1955 (prohibition of business enterprises of

gambling),'' as the probable intent of Congress.

Pub. L. 99-508, Sec. 105(a)(1), inserted ''section 751 (relating

to escape),'' ''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),'' and

''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),'' substituted

''2312, 2313, 2314,'' for ''2314'', inserted '', 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),''

substituted '', section 351'' for ''or section 351'', and inserted

'', 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)''.

Par. (1)(h) to (l). Pub. L. 99-508, Sec. 105(a)(2)-(4), added

subpars. (h) to (k) and redesignated former subpar. (h) as (l).

Par. (2). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire,

oral, or electronic'' for ''wire or oral'' in two places.

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

1984 - Par. (1). Pub. L. 98-473, Sec. 1203(c)(4), which directed

the amendment of the first par. of par. (1) by inserting ''Deputy

Attorney General, Associate Attorney General,'' after ''Attorney

General.'' was executed by making the insertion after the first

reference to ''Attorney General,'' to reflect the probable intent

of Congress.

Par. (1)(c). Pub. L. 98-473, Sec. 1203(c)(2), inserted references

to sections 1512 and 1513 after ''1503''.

Pub. L. 98-473, Sec. 1203(c)(1), inserted ''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 inserted ''sections 2251 and 2252 (sexual

exploitation of children),'' after ''section 664 (embezzlement from

pension and welfare funds),''.

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

and redesignated former par. (g) as (h).

1982 - Par. (1)(c). Pub. L. 97-285 substituted ''(Presidential

and Presidential staff assassination, kidnaping, and assault)'' for

''(Presidential assassinations, kidnapping, and assault)'' after

''section 1751'' and substituted ''(violations with respect to

congressional, Cabinet, or Supreme Court assassinations, kidnaping,

and assault)'' for ''(violations with respect to congressional

assassination, kidnapping, and assault)'' after ''section 351''.

1978 - Par. (1)(e). Pub. L. 95-598 substituted ''fraud connected

with a case under title 11'' for ''bankruptcy fraud''.

1971 - Par. (1)(c). Pub. L. 91-644 inserted reference to section

351 offense (violations with respect to congressional

assassination, kidnaping, and assault).

1970 - Par. (1)(c). Pub. L. 91-452 inserted reference to sections

844(d), (e), (f), (g), (h), or (i), 1511, 1955, and 1963 of this

title.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,

2002, 116 Stat. 1808, provided that the amendment made by section

4002(c)(1) is effective Oct. 11, 1996.

TERMINATION DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-56 to cease to have effect Dec. 31,

2005, except amendment to continue in effect with respect to any

particular foreign intelligence investigation that began before

Dec. 31, 2005, or with respect to any particular offense or

potential offense that began or occurred before Dec. 31, 2005, see

section 224 of Pub. L. 107-56, set out as a note under section 2510

of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of Title 49, Transportation.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 6(a) of Pub. L. 104-287 provided that the amendment made

by that section is effective July 5, 1994.

EFFECTIVE DATE OF 1994 AMENDMENTS

Section 7(a) of Pub. L. 103-429 provided that the amendment made

by section 7(a)(4)(A) of Pub. L. 103-429 is effective July 5, 1994.

Section 330011(c)(1) of Pub. L. 103-322 provided that the

amendment made by that section is effective as of the date on which

section 3(b) of Pub. L. 101-298 took effect.

Section 330011(q)(1) of Pub. L. 103-322 provided that the

amendment made by that section is effective as of the date on which

section 3568 of Pub. L. 101-647 took effect.

Section 330011(r) of Pub. L. 103-322 provided that the amendment

made by that section is effective as of the date on which section

2531(3) of Pub. L. 101-647 took effect.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by sections 101(c)(1)(A) and 105 of Pub. L. 99-508

effective 90 days after Oct. 21, 1986, and, in case of conduct

pursuant to court order or extension, applicable only with respect

to court orders and extensions made after such date, with special

rule for State authorizations of interceptions pursuant to section

2516(2) of this title, and amendment by section 104 of Pub. L.

99-508 effective 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 an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title 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 as a note

preceding section 101 of Title 11, Bankruptcy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2511, 2518 of this title;

title 28 section 594.

-CITE-

18 USC Sec. 2517 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2517. Authorization for disclosure and use of intercepted

wire, oral, or electronic communications

-STATUTE-

(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.

(6) Any investigative or law enforcement officer, or attorney for

the Government, 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 any other Federal law enforcement, intelligence,

protective, immigration, national defense, or national security

official to the extent that such contents include foreign

intelligence or counterintelligence (as defined in section 3 of the

National Security Act of 1947 (50 U.S.C. 401a)), or foreign

intelligence information (as defined in subsection (19) of section

2510 of this title), to assist the official who is to receive that

information in the performance of his official duties. Any Federal

official who receives information pursuant to this provision may

use that information only as necessary in the conduct of that

person's official duties subject to any limitations on the

unauthorized disclosure of such information.

(7) Any investigative or law enforcement officer, or other

Federal official in carrying out official duties as such Federal

official, 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 or derivative evidence to a foreign 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, and foreign

investigative or law enforcement officers may use or disclose such

contents or derivative evidence to the extent such use or

disclosure is appropriate to the proper performance of their

official duties.

(8) Any investigative or law enforcement officer, or other

Federal official in carrying out official duties as such Federal

official, 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 or derivative evidence to any appropriate Federal, State,

local, or foreign government official to the extent that such

contents or derivative evidence reveals a threat of actual or

potential attack or other grave hostile acts of a foreign power or

an agent of a foreign power, domestic or international sabotage,

domestic or international terrorism, or clandestine intelligence

gathering activities by an intelligence service or network of a

foreign power or by an agent of a foreign power, within the United

States or elsewhere, for the purpose of preventing or responding to

such a threat. Any official who receives information pursuant to

this provision may use that information only as necessary in the

conduct of that person's official duties subject to any limitations

on the unauthorized disclosure of such information, and any State,

local, or foreign official who receives information pursuant to

this provision may use that information only consistent with such

guidelines as the Attorney General and Director of Central

Intelligence shall jointly issue.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

217; amended Pub. L. 91-452, title IX, Sec. 902(b), Oct. 15, 1970,

84 Stat. 947; Pub. L. 99-508, title I, Sec. 101(c)(1)(A), Oct. 21,

1986, 100 Stat. 1851; Pub. L. 107-56, title II, Sec. 203(b)(1),

Oct. 26, 2001, 115 Stat. 280; Pub. L. 107-296, title VIII, Sec.

896, Nov. 25, 2002, 116 Stat. 2257.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Termination

Date of 2001 Amendment note below.

-MISC1-

AMENDMENTS

2002 - Pars. (7), (8). Pub. L. 107-296 added pars. (7) and (8).

2001 - Par. (6). Pub. L. 107-56, Sec. 203(b)(1), 224, temporarily

added par. (6). See Termination Date of 2001 Amendment note below.

1986 - Pub. L. 99-508 substituted ''wire, oral, or electronic''

for ''wire or oral'' in section catchline and wherever appearing in

text.

1970 - 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 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

TERMINATION DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-56 to cease to have effect Dec. 31,

2005, except amendment to continue in effect with respect to any

particular foreign intelligence investigation that began before

Dec. 31, 2005, or with respect to any particular offense or

potential offense that began or occurred before Dec. 31, 2005, see

section 224 of Pub. L. 107-56, set out as a note under section 2510

of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,

1986, and, in case of conduct pursuant to court order or extension,

applicable only with respect to court orders and extensions made

after such date, with special rule for State authorizations of

interceptions, see section 111 of Pub. L. 99-508, set out as a note

under section 2510 of this title.

PROCEDURES FOR DISCLOSURE OF INFORMATION

Pub. L. 107-56, title II, Sec. 203(c), Oct. 26, 2001, 115 Stat.

280, as amended by Pub. L. 107-296, title VIII, Sec. 897(b), Nov.

25, 2002, 116 Stat. 2258, provided that: ''The Attorney General

shall establish procedures for the disclosure of information

pursuant to paragraphs (6) and (8) of section 2517 of title 18,

United States Code, and Rule 6(e)(3)(C)(i)(V) and (VI) of the

Federal Rules of Criminal Procedure (18 App. U.S.C.) that

identifies a United States person, as defined in section 101 of the

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2510, 2511, 2518, 2520,

2702 of this title; title 6 section 122.

-CITE-

18 USC Sec. 2518 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

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

communications

-STATUTE-

(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. Pursuant to section 2522 of this chapter, an order may

also be issued to enforce the assistance capability and capacity

requirements under the Communications Assistance for Law

Enforcement Act.

(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 a 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 that there is

probable cause to believe that the person's actions could have

the effect of thwarting interception from a specified facility;

(iii) the judge finds that such showing has been adequately

made; and

(iv) the order authorizing or approving the interception is

limited to interception only for such time as it is reasonable

to presume that the person identified in the application is or

was reasonably proximate to the instrument through which such

communication will be or was transmitted.

(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)(a)

shall not begin until 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.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

218; amended Pub. L. 91-358, title II, Sec. 211(b), July 29, 1970,

84 Stat. 654; Pub. L. 95-511, title II, Sec. 201(d)-(g), Oct. 25,

1978, 92 Stat. 1797, 1798; Pub. L. 98-473, title II, Sec. 1203(a),

(b), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99-508, title I, Sec.

101(c)(1)(A), (8), (e), 106(a)-(d)(3), Oct. 21, 1986, 100 Stat.

1851-1853, 1856, 1857; Pub. L. 103-414, title II, Sec. 201(b)(1),

Oct. 25, 1994, 108 Stat. 4290; Pub. L. 105-272, title VI, Sec. 604,

Oct. 20, 1998, 112 Stat. 2413.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Assistance for Law Enforcement Act, referred

to in par. (4), is title I of Pub. L. 103-414, Oct. 25, 1994, 108

Stat. 4279, which is classified generally to subchapter I (Sec.

1001 et seq.) of chapter 9 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs. For complete classification of this Act to the

Code, see Short Title note set out under section 1001 of Title 47

and Tables.

-MISC2-

AMENDMENTS

1998 - Par. (11)(b)(ii). Pub. L. 105-272, Sec. 604(a)(1),

substituted ''that there is probable cause to believe that the

person's actions could have the effect of thwarting interception

from a specified facility;'' for ''of a purpose, on the part of

that person, to thwart interception by changing facilities; and''.

Par. (11)(b)(iii). Pub. L. 105-272, Sec. 604(a)(2), substituted

''such showing has been adequately made; and'' for ''such purpose

has been adequately shown.''

Par. (11)(b)(iv). Pub. L. 105-272, Sec. 604(a)(3), added cl.

(iv).

Par. (12). Pub. L. 105-272, Sec. 604(b), substituted ''by reason

of subsection (11)(a)'' for ''by reason of subsection (11)'',

struck out ''the facilities from which, or'' after ''shall not

begin until'', and struck out comma after ''the place where''.

1994 - Par. (4). Pub. L. 103-414 inserted at end of concluding

provisions ''Pursuant to section 2522 of this chapter, an order may

also be issued to enforce the assistance capability and capacity

requirements under the Communications Assistance for Law

Enforcement Act.''

1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire,

oral, or electronic'' for ''wire or oral'' in section catchline.

Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire,

oral, or electronic'' for ''wire or oral'' in introductory

provisions.

Par. (1)(b)(ii). Pub. L. 99-508, Sec. 106(d)(1), inserted

''except as provided in subsection (11),''.

Par. (1)(e). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted

''wire, oral, or electronic'' for ''wire or oral''.

Par. (3). Pub. L. 99-508, Sec. 101(c)(1)(A), 106(a), in

introductory provisions, substituted ''wire, oral, or electronic''

for ''wire or oral'' and inserted ''(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)''.

Par. (3)(d). Pub. L. 99-508, Sec. 101(c)(1)(A), 106(d)(2),

inserted ''except as provided in subsection (11),'' and substituted

''wire, oral, or electronic'' for ''wire or oral''.

Par. (4). Pub. L. 99-508, Sec. 101(c)(1)(A), (8), 106(b),

substituted ''wire, oral, or electronic'' for ''wire or oral''

wherever appearing and, in closing provisions, substituted

''provider of wire or electronic communication service'' for

''communication common carrier'' wherever appearing, ''such service

provider'' for ''such carrier'', and ''for reasonable expenses

incurred in providing such facilities or assistance'' for ''at the

prevailing rates''.

Par. (5). Pub. L. 99-508, Sec. 101(c)(1)(A), 106(c), substituted

''wire, oral, or electronic'' for ''wire or oral'' and inserted

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.

Pars. (7), (8)(a), (d)(3), (9). Pub. L. 99-508, Sec.

101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire

or oral'' wherever appearing.

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

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

(11) and (12).

1984 - Par. (7). Pub. L. 98-473, Sec. 1203(a), inserted '', the

Deputy Attorney General, the Associate Attorney General,'' after

''Attorney General'' in provisions preceding subpar. (a).

Par. (7)(a). Pub. L. 98-473, Sec. 1203(b), amended subpar. (a)

generally, adding cl. (i) and designated existing provisions as

cls. (ii) and (iii).

1978 - Par. (1). Pub. L. 95-511, Sec. 201(d), inserted ''under

this chapter'' after ''communication''.

Par. (4). Pub. L. 95-511, Sec. 201(e), inserted ''under this

chapter'' after ''wire or oral communication'' wherever appearing.

Par. (9). Pub. L. 95-511, Sec. 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, Sec. 201(g), substituted ''any wire or

oral communication intercepted pursuant to this chapter,'' for

''any intercepted wire or oral communication,''.

1970 - Par. (4). Pub. L. 91-358 inserted 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

Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,

1986, and, in case of conduct pursuant to court order or extension,

applicable only with respect to court orders and extensions made

after such date, with special rule for State authorizations of

interceptions, 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 401 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

Amendment by Pub. L. 91-358 effective on first day of seventh

calendar month which begins after July 29, 1970, see section 901(a)

of Pub. L. 91-358.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2511, 2516, 2519, 2520,

2701, 2707 of this title; title 47 section 1002.

-CITE-

18 USC Sec. 2519 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

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

communications

-STATUTE-

(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 2518(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, (iv) the number of orders in

which encryption was encountered and whether such encryption

prevented law enforcement from obtaining the plain text of

communications intercepted pursuant to such order, and (v) 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.

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

222; amended Pub. L. 95-511, title II, Sec. 201(h), Oct. 25, 1978,

92 Stat. 1798; Pub. L. 99-508, title I, Sec. 101(c)(1)(A),

106(d)(4), Oct. 21, 1986, 100 Stat. 1851, 1857; Pub. L. 106-197,

Sec. 2(a), May 2, 2000, 114 Stat. 247.)

-MISC1-

AMENDMENTS

2000 - Par. (2)(b)(iv), (v). Pub. L. 106-197 added cl. (iv) and

redesignated former cl. (iv) as (v).

1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire,

oral, or electronic'' for ''wire or oral'' in section catchline.

Par. (1)(b). Pub. L. 99-508, Sec. 106(d)(4), inserted

''(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)''.

Par. (3). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire,

oral, or electronic'' for ''wire or oral''.

1978 - Par. (3). Pub. L. 95-511 inserted ''pursuant to this

chapter'' after ''wire or oral communications'' and ''granted or

denied''.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,

1986, and, in case of conduct pursuant to court order or extension,

applicable only with respect to court orders and extensions made

after such date, with special rule for State authorizations of

interceptions, 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 401 of Pub. L. 95-511, set out

as an Effective Date note under section 1801 of Title 50, War and

National Defense.

REPORT ON USE OF DCS 1000 (CARNIVORE) TO IMPLEMENT ORDERS UNDER

SECTION 2518

Pub. L. 107-273, div. A, title III, Sec. 305(b), Nov. 2, 2002,

116 Stat. 1782, provided that: ''At the same time that the Attorney

General, or Assistant Attorney General specially designated by the

Attorney General, submits to the Administrative Office of the

United States Courts the annual report required by section 2519(2)

of title 18, United States Code, that is respectively next due

after the end of each of the fiscal years 2002 and 2003, the

Attorney General shall also submit to the Chairmen and ranking

minority members of the Committees on the Judiciary of the Senate

and of the House of Representatives a report, covering the same

respective time period, that contains the following information

with respect to those orders described in that annual report that

were applied for by law enforcement agencies of the Department of

Justice and whose implementation involved the use of the DCS 1000

program (or any subsequent version of such program) -

''(1) 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 2518(1)(b)(ii) and 2518(3)(d) of title

18, United States Code, did not apply by reason of section 2518

(11) of title 18);

''(2) the period of interceptions authorized by the order, and

the number and duration of any extensions of the order;

''(3) the offense specified in the order or application, or

extension of an order;

''(4) the identity of the applying investigative or law

enforcement officer and agency making the application and the

person authorizing the application;

''(5) the nature of the facilities from which or place where

communications were to be intercepted;

''(6) a general description of the interceptions made under

such order or extension, including -

''(A) the approximate nature and frequency of incriminating

communications intercepted;

''(B) the approximate nature and frequency of other

communications intercepted;

''(C) the approximate number of persons whose communications

were intercepted;

''(D) the number of orders in which encryption was

encountered and whether such encryption prevented law

enforcement from obtaining the plain text of communications

intercepted pursuant to such order; and

''(E) the approximate nature, amount, and cost of the

manpower and other resources used in the interceptions;

''(7) the number of arrests resulting from interceptions made

under such order or extension, and the offenses for which arrests

were made;

''(8) the number of trials resulting from such interceptions;

''(9) the number of motions to suppress made with respect to

such interceptions, and the number granted or denied;

''(10) 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

''(11) the specific persons authorizing the use of the DCS 1000

program (or any subsequent version of such program) in the

implementation of such order.''

ENCRYPTION REPORTING REQUIREMENTS

Pub. L. 106-197, Sec. 2(b), May 2, 2000, 114 Stat. 247, provided

that: ''The encryption reporting requirement in subsection (a)

(amending this section) shall be effective for the report

transmitted by the Director of the Administrative Office of the

Courts for calendar year 2000 and in subsequent reports.''

-CITE-

18 USC Sec. 2520 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2520. Recovery of civil damages authorized

-STATUTE-

(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,

other than the United States, 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) or

2511(2)(i) 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.

(f) Administrative Discipline. - If a court or appropriate

department or agency determines that the United States or any of

its departments or agencies has violated any provision of this

chapter, and the court or appropriate department or agency finds

that the circumstances surrounding the violation raise serious

questions about whether or not an officer or employee of the United

States acted willfully or intentionally with respect to the

violation, the department or agency shall, upon receipt of a true

and correct copy of the decision and findings of the court or

appropriate department or agency promptly initiate a proceeding to

determine whether disciplinary action against the officer or

employee is warranted. If the head of the department or agency

involved determines that disciplinary action is not warranted, he

or she shall notify the Inspector General with jurisdiction over

the department or agency concerned and shall provide the Inspector

General with the reasons for such determination.

(g) Improper Disclosure Is Violation. - Any willful disclosure or

use by an investigative or law enforcement officer or governmental

entity of information beyond the extent permitted by section 2517

is a violation of this chapter for purposes of section 2520(a).

-SOURCE-

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.

223; amended Pub. L. 91-358, title II, Sec. 211(c), July 29, 1970,

84 Stat. 654; Pub. L. 99-508, title I, Sec. 103, Oct. 21, 1986, 100

Stat. 1853; Pub. L. 107-56, title II, Sec. 223(a), Oct. 26, 2001,

115 Stat. 293; Pub. L. 107-296, title II, Sec. 225(e), Nov. 25,

2002, 116 Stat. 2157.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Termination

Date of 2001 Amendment note below.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(3). Pub. L. 107-296 inserted ''or 2511(2)(i)''

after ''2511(3)''.

2001 - Subsec. (a). Pub. L. 107-56, Sec. 223(a)(1), 224,

temporarily inserted '', other than the United States,'' after

''person or entity''. See Termination Date of 2001 Amendment note

below.

Subsecs. (f), (g). Pub. L. 107-56, Sec. 223(a)(2), (3), 224,

temporarily added subsecs. (f) and (g). See Termination Date of

2001 Amendment note below.

1986 - Pub. L. 99-508 amended section generally. Prior to

amendment, section read as follows: ''Any person whose wire or oral

communication is intercepted, disclosed, or used in violation of

this chapter shall (1) have a civil cause of action against any

person who intercepts, discloses, or uses, or procures any other

person to intercept, disclose, or use such communications, and (2)

be entitled to recover from any such person -

''(a) actual damages but not less than liquidated damages

computed at the rate of $100 a day for each day of violation or

$1,000, whichever is higher;

''(b) punitive damages; and

''(c) a reasonable attorney's fee and other litigation costs

reasonably incurred.

A good faith reliance on a court order or legislative authorization

shall constitute a complete defense to any civil or criminal action

brought under this chapter or under any other law.''

1970 - 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 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

TERMINATION DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-56 to cease to have effect Dec. 31,

2005, except amendment to continue in effect with respect to any

particular foreign intelligence investigation that began before

Dec. 31, 2005, or with respect to any particular offense or

potential offense that began or occurred before Dec. 31, 2005, see

section 224 of Pub. L. 107-56, set out as a note under section 2510

of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,

1986, and, in case of conduct pursuant to court order or extension,

applicable only with respect to court orders and extensions made

after such date, with special rule for State authorizations of

interceptions, see section 111 of Pub. L. 99-508, set out as a note

under section 2510 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-358 effective on first day of seventh

calendar month which begins after July 29, 1970, see section 901(a)

of Pub. L. 91-358.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2511 of this title.

-CITE-

18 USC Sec. 2521 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2521. Injunction against illegal interception

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 99-508, title I, Sec. 110(a), Oct. 21, 1986, 100

Stat. 1859.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in text, are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

The Federal Rules of Criminal Procedure, referred to in text, are

set out in the Appendix to this title.

-MISC2-

EFFECTIVE DATE

Section effective 90 days after Oct. 21, 1986, and, in case of

conduct pursuant to court order or extension, applicable only with

respect to court orders and extensions made after such date, with

special rule for State authorizations of interceptions, see section

111 of Pub. L. 99-508, set out as an Effective Date of 1986

Amendment note under section 2510 of this title.

-CITE-

18 USC Sec. 2522 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND

INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-

Sec. 2522. Enforcement of the Communications Assistance for Law

Enforcement Act

-STATUTE-

(a) Enforcement by Court Issuing Surveillance Order. - If a court

authorizing an interception under this chapter, a State statute, or

the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801

et seq.) or authorizing use of a pen register or a trap and trace

device under chapter 206 or a State statute finds that a

telecommunications carrier has failed to comply with the

requirements of the Communications Assistance for Law Enforcement

Act, the court may, in accordance with section 108 of such Act,

direct that the carrier comply forthwith and may direct that a

provider of support services to the carrier or the manufacturer of

the carrier's transmission or switching equipment furnish forthwith

modifications necessary for the carrier to comply.

(b) Enforcement Upon Application by Attorney General. - The

Attorney General may, in a civil action in the appropriate United

States district court, obtain an order, in accordance with section

108 of the Communications Assistance for Law Enforcement Act,

directing that a telecommunications carrier, a manufacturer of

telecommunications transmission or switching equipment, or a

provider of telecommunications support services comply with such

Act.

(c) Civil Penalty. -

(1) In general. - A court issuing an order under this section

against a telecommunications carrier, a manufacturer of

telecommunications transmission or switching equipment, or a

provider of telecommunications support services may impose a

civil penalty of up to $10,000 per day for each day in violation

after the issuance of the order or after such future date as the

court may specify.

(2) Considerations. - In determining whether to impose a civil

penalty and in determining its amount, the court shall take into

account -

(A) the nature, circumstances, and extent of the violation;

(B) the violator's ability to pay, the violator's good faith

efforts to comply in a timely manner, any effect on the

violator's ability to continue to do business, the degree of

culpability, and the length of any delay in undertaking efforts

to comply; and

(C) such other matters as justice may require.

(d) Definitions. - As used in this section, the terms defined in

section 102 of the Communications Assistance for Law Enforcement

Act have the meanings provided, respectively, in such section.

-SOURCE-

(Added Pub. L. 103-414, title II, Sec. 201(a), Oct. 25, 1994, 108

Stat. 4289.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Intelligence Surveillance Act of 1978, referred to in

subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as

amended, which is classified principally to chapter 36 (Sec. 1801

et seq.) of Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 50 and Tables.

The Communications Assistance for Law Enforcement Act, referred

to in subsecs. (a) and (b), is title I of Pub. L. 103-414, Oct. 25,

1994, 108 Stat. 4279, which is classified generally to subchapter I

(Sec. 1001 et seq.) of chapter 9 of Title 47, Telegraphs,

Telephones, and Radiotelegraphs. Sections 102 and 108 of the Act

are classified to sections 1001 and 1007, respectively, of Title

47. For complete classification of this Act to the Code, see Short

Title note set out under section 1001 of Title 47 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2518, 3124 of this title;

title 47 section 1007.

-CITE-