Electronic Communications Privacy Act
Table of contents
2510. Definitions
2511. Interception and disclosure of wire,
oral, or electronic communications prohibited
2512. Manufacture, distribution, possession,
and advertising of wire, oral, or electronic communication
intercepting devices prohibited
2513. Confiscation of wire, oral, or
electronic communication intercepting devices
2514. Repealed. Pub.L. 91-452, Title II, §
227(a), Oct. 15, 1970, 84 Stat. 930]
2515. Prohibition of use as evidence of
intercepted wire or oral communications
2516. Authorization for interception of wire,
oral, or electronic communications
2517. Authorization for disclosure and use of
intercepted wire, oral, or electronic communications
2518. Procedure for interception of wire,
oral, or electronic communications
2519. Reports concerning intercepted wire,
oral, or electronic communications
2520. Recovery of civil damages authorized
2521. Injunction against illegal interception
2701. Unlawful access to stored
communications
2702. Disclosure of contents
2703. Requirements for governmental access
2704. Backup preservation
2705. Delayed notice
2706. Cost reimbursement
2707. Civil action
2708. Exclusivity of remedies
2709. Counterintelligence access to telephone
toll and transactional records
2710. Wrongful disclosure of video tape
rental or sale records
3117. Mobile tracking devices
3121. General prohibition on pen register and
trap and trace device use; exception
3122. Application for an order for a pen
register or a trap and trace device
3123. Issuance of an order for a pen register
or a trap and trace device
3124. Assistance in installation and use of a
pen register or a trap and trace device
3125. Emergency pen register and trap and
trace device installation
3126. Reports concerning pen registers and
trap and trace devices
3127. Definitions for chapter
Text of statute
§ 2510. Definitions
As used in this chapter--
(1) "wire communication" means any aural transfer
made in whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable, or
other like connection between the point of origin and the point
of reception (including the use of such connection in a switching
station) furnished or operated by any person engaged in providing
or operating such facilities for the transmission of interstate
or foreign communications for communications affecting interstate
or foreign commerce and such term includes any electronic storage
of such communication, but such term does not include the radio
portion of a cordless telephone communication that is transmitted
between the cordless telephone handset and the base unit;
(2) "oral communication" means any oral
communication uttered by a person exhibiting an expectation that
such communication is not subject to interception under
circumstances justifying such expectation, but such term does not
include any electronic communication;
(3) "State" means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United States;
(4) "intercept" means the aural or other acquisition
of the contents of any wire, electronic, or oral communication
through the use of any electronic, mechanical, or other device;
(5) "electronic, mechanical, or other device" means
any device or apparatus which can be used to intercept a wire,
oral, or electronic communication other than--
(a) any telephone or telegraph instrument, equipment or
facility, or any component thereof, (i) furnished to the
subscriber or user by a provider of wire or electronic
communication service in the ordinary course of its business and
being used by the subscriber or user in the ordinary course of
its business or furnished by such subscriber or user for
connection to the facilities of such service and used in the
ordinary course of its business; or (ii) being used by a provider
of wire or electronic communication service in the ordinary
course of its business, or by an investigative or law enforcement
officer in the ordinary course of his duties;
(b) a hearing aid or similar device being used to correct
subnormal hearing to not better than normal;
(6) "person" means any employee, or agent of the
United States or any State or political subdivision thereof, and
any individual, partnership, association, joint stock company,
trust, or corporation;
(7) "Investigative or law enforcement officer" means
any officer of the United States or of a State or political
subdivision thereof, who is empowered by law to conduct
investigations of or to make arrests for offenses enumerated in
this chapter, and any attorney authorized by law to prosecute or
participate in the prosecution of such offenses;
(8) "contents", when used with respect to any wire,
oral, or electronic communication, includes any information
concerning the substance, purport, or meaning of that
communication;
(9) "Judge of competent jurisdiction" means--
(a) a judge of a United States district court or a United
States court of appeals; and
(b) a judge of any court of general criminal jurisdiction of a
State who is authorized by a statute of that State to enter
orders authorizing interceptions of wire, oral, or electronic
communications;
(10) "communication common carrier" shall have the
same meaning which is given the term "common carrier"
by section 153(h) of title 47 of the United States Code;
(11) "aggrieved person" means a person who was a
party to any intercepted wire, oral, or electronic communication
or a person against whom the interception was directed;
(12) "electronic communication" means any transfer
of signs, signals, writing, images, sounds, data, or intelligence
of any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic or photooptical system that
affects interstate or foreign commerce, but does not include--
(A) the radio portion of a cordless telephone communication
that is transmitted between the cordless telephone handset and
the base unit;
(B) any wire or oral communication;
(C) any communication made through a tone-only paging device;
or
(D) any communication from a tracking device (as defined in
section 3117 of this title);
(13) "user" means any person or entity who--
(A) uses an electronic communication service; and
(B) is duly authorized by the provider of such service to
engage in such use;
(14) "electronic communications system" means any
wire, radio, electromagnetic, photooptical or photoelectronic
facilities for the transmission of electronic communications, and
any computer facilities or related electronic equipment for the
electronic storage of such communications;
(15) "electronic communication service" means any
service which provides to users thereof the ability to send or
receive wire or electronic communications;
(16) "readily accessible to the general public"
means, with respect to a radio communication, that such
communication is not--
(A) scrambled or encrypted:
(B) transmitted using modulation techniques whose essential
parameters have been withheld from the public with the intention
of preserving the privacy of such communication;
(C) carried on a subcarrier or other signal subsidiary to a
radio transmission;
(D) transmitted over a communication system provided by a
common carrier, unless the communication is a tone only paging
system communication; or
(E) transmitted on frequencies allocated under part 25,
subpart D, E, or F of part 74, or part 94 of the Rules of the
Federal Communications Commission, unless, in the case of a
communication transmitted on a frequency allocated under part 74
that is not exclusively allocated to broadcast auxiliary
services, the communication is a two-way voice communication by
radio;
(17) "electronic storage" means--
(A) any temporary, intermediate storage of a wire or
electronic communication incidental to the electronic
transmission thereof; and
(B) any storage of such communication by an electronic
communication service for purposes of backup protection of such
communication; and
(18) "aural transfer" means a transfer containing
the human voice at any point between and including the point of
origin and the point of reception.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 212.)
1993 Supplemental Credit(s)
(As amended Pub.L. 99-508, Title I, § 101(a), (c)(1)(A), (4),
Oct. 21, 1986, 100 Stat. 1848, 1851.)
HISTORICAL AND STATUTORY NOTES
References in Text
Section 153(h) of title 47 of the United States Code, referred
to in par. (10), is § 153(h) of Title 47, Telegraphs, Telphones,
and Radiotelegraphs.
1986 Amendment
Par. (1). Pub.L, 99-508, § 101(a)(1), substituted "any
aural transfer made" for "any communication made",
"reception (including the use of such connection in a
switching station) furnished" for "reception
furnished", "engaged in providing" for
"engaged as a common carrier in providing", and added
"or communications affecting interstate or foreign commerce
and such term includes any electronic storage of such
communication, but such term does not include the radio portion
of a cordless telephone communication that is transmitted between
the cordless telephone handset and the base unit" following
"foreign communications".
Par. (2). Pub.L. 99-508, § 101(a)(2), added ", but such
term does not include any electronic communication"
following "such expectation".
Par. (4). Pub.L. 99-508, § 101(a)(3), substituted "aural
or other acquisition" for "aural acquisition" and
"wire, electronic, or oral" for "wire or
oral".
Par. (5). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (5)(a). Pub.L. 99-508, § 101(c)(4), substituted
"provider of wire or electronic communication service"
for "communications common carrier" in cls. (i) and
(ii).
Par. (5)(a)(i). Pub.L. 99-508, § 101(a)(4), added "or
furnished by such subscriber or user for connection to the
facilities of such service and used in the ordinary course of its
business" preceding "; or".
Par. (8). Pub.L. 99-508, § 101(a)(5), substituted
"concerning the substance" for "concerning the
identity of the parties to such communication or the existence,
substance".
Par. (8). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (9)(b). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (11). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Pars. (12) to (18). Pub.L. 99-508, § 101(a)(6), added pars.
(12) to (18).
Effective Date of 1986 Amendment
Section 111 of Pub.L. 99-508 provided that:
"(a) In general.--Except as provided in subsection (b) or
(c), this title and the amendments made by this title [enacting
sections 2521 and 3117 of this title, amending this section and
sections 2232, 2511 to 2513, 2516(1)(a), (1)(c), (1)(g) to (l),
(2), (3), and 2517 to 2520 of this title, and enacting provisions
set out as notes under this section] shall take effect 90 days
after the date of the enactment of this Act [Oct. 21, 1986] and
shall, in the case of conduct pursuant to a court order or
extension, apply only with respect to court orders or extensions
made after this title takes effect.
"(b) Special Rule for State Authorizations of
Interceptions.--Any interception pursuant to section 2516(2) of
title 18 of the United States Code which would be valid and
lawful without regard to the amendments made by this title
[enacting sections 2521 and 3117 of this title, amending this
section and sections 2232, 2511 to 2513, 2516(1)(a), (1)(c),
(1)(g) to (l), (2), (3), and 2517 to 2520 of this title, and
enacting provisions set out as notes under this section] shall be
valid and lawful notwithstanding such amendments if such
interception occurs during the period beginning on the date such
amendments take effect and ending on the earlier of--
"(1) the day before the date of the taking effect of
State law conforming the applicable State statute with chapter
119 of title 18, United States Code, as so amended; or
"(2) the date two years after the date of the enactment
of this Act [Oct. 21, 1986].
"(c) Effective Date for Certain Approvals by Justice
Department Officials.-- Section 104 of this Act [amending section
2516(1) of this title] shall take effect on the date of enactment
of this Act [Oct. 21, 1986]."
Short Title of 1986 Amendment
Section 1 of Pub.L. 99-508 provided that: "This Act
[enacting sections 1367, 2521, 2701 to 2710, 3117, and 3121 to
3126 of this title, amending this section and sections 2232, 2511
to 2513, and 2516 to 2520 of this title, and enacting provisions
set out as notes under this section] may be cited as the
'Electronic Communications Privacy Act of 1986'. ".
Repeals
Section 1212 of the Act of Oct. 15, 1970, Pub.L. 91-452,
repealed section 804 of the Act of July 19, 1968, Pub.L. 90-351.
However, section 20 of the Act of Jan. 2, 1971, Pub.L. 91-644,
repealed Section 1212 of Pub.L. 91-452 and contained certain
amendments to section 804 of Pub.L. 90-351, which are set out
above.
Intelligence Activities
Section 107 of Pub.L. 99-508 provided that:
"(a) In general.--Nothing in this Act [Pub.L. 99-508,
Oct. 21, 1986, 100 Stat. 1858] or the amendments made by this Act
[for classification, see Short Title note set out above]
constitutes authority for the conduct of any intelligence
activity.
"(b) Certain Activities Under Procedures Approved by the
Attorney General.-- Nothing in chapter 119 or chapter 121 of
title 18, United States Code, shall affect the conduct, by
officers or employees of the United States Government in
accordance with other applicable Federal law, under procedures
approved by the Attorney General of activities intended to--
"(1) intercept encrypted or other official communications
of United States executive branch entities or United States
Government contractors for communications security purposes;
"(2) intercept radio communications transmitted between
or among foreign powers or agents of a foreign power as defined
by the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C.A.
§ 1801 et seq.]; or
"(3) access an electronic communication system used
exclusively by a foreign power or agent of a foreign power as
defined by the Foreign Intelligence Surveillance Act of 1978 [50
U.S.C.A. § 1801 et seq.]."
Congressional Findings
Section 801 of Pub.L. 90-351 provided that:
"On the basis of its own investigations and of published
studies, the Congress makes the following findings:
"(a) Wire communications are normally conducted through
the use of facilities which form part of an interstate network.
The same facilities are used for interstate and intrastate
communications. There has been extensive wiretapping carried on
without legal sanctions, and without the consent of any of the
parties to the conversation. Electronic, mechanical, and other
intercepting devices are being used to overhear oral
conversations made in private, without the consent of any of the
parties to such communications. The contents of these
communications and evidence derived therefrom are being used by
public and private parties as evidence in court and
administrative proceedings and by persons whose activities affect
interstate commerce. The possession, manufacture, distribution,
advertising, and use of these devices are facilitated by
interstate commerce.
"(b) In order to protect effectively the privacy of wire
and oral communications, to protect the integrity of court and
administrative proceedings, and to prevent the obstruction of
interstate commerce, it is necessary for Congress to define on a
uniform basis the circumstances and conditions under which the
interception of wire and oral communications may be authorized,
to prohibit any unauthorized interception of such communications,
and the use of the contents thereof in evidence in courts and
administrative proceedings.
"(c) Organized criminals make extensive use of wire and
oral communications in their criminal activities. The
interception of such communications to obtain evidence of the
commission of crimes or to prevent their commission is an
indispensable aid to law enforcement and the administration of
justice.
"(d) To safeguard the privacy of innocent persons, the
interception of wire or oral communications where none of the
parties to the communication has consented to the interception
should be allowed only when authorized by a court of competent
jurisdiction and should remain under the control and supervision
of the authorizing court. Interception of wire and oral
communications should further be limited to certain major types
of offenses and specific categories of crime with assurances that
the interception is justified and that the information obtained
thereby will not be misused."
Repeal and Revival
Pub.L. 93-609, § 4, Jan. 2, 1975, 88 Stat. 1973, provided
that: "For purposes of section 108 of title 1, United States
Code, section 20(c) of the Omnibus Crime Control Act of 1970
[repealing section 1212 of Organized Crime Control Act of 1970]
shall be deemed to provide expressly for the revival of section
804 of the Omnibus Crime Control and Safe Streets Act of 1968
[set out as a note under this section]."
National Commission for the Review of Federal and State Laws
Relating to Wiretapping and Electronic Surveillance
Section 804 of Pub.L. 90-351, as amended by Pub.L. 91-644,
Title VI, § 20, Jan. 2, 1971, 84 Stat. 1892; Pub.L. 93-609, ss
1-3, Jan. 2, 1975, 88 Stat. 1972, 1973; Pub.L. 94-176, Dec. 23,
1975, 89 Stat. 1031, provided that:
"(a) [Establishment] There is hereby established a
National Commission for the Review of Federal and State Laws
Relating to Wiretapping and Electronic Surveillance (hereinafter
in this section referred to as the 'Commission').
"(b) [Membership] The Commission shall be composed of
fifteen members appointed as follows:
"(A) Four appointed by the President of the Senate from
Members of the Senate;
"(B) Four appointed by the Speaker of the House of
Representatives from Members of the House of Representatives; and
"(C) Seven appointed by the President of the United
States from all segments of life in the United States, including
lawyers, teachers, artists, businessmen, newspapermen, jurists,
policemen, and community leaders, none of whom shall be officers
of the executive branch of the Government.
"(c) [Chairman; vacancies] The President of the United
States shall designate a Chairman from among the members of the
Commission. Any vacancy in the Commission shall not affect its
powers but shall be filled in the same manner in which the
original appointment was made.
"(d) [Function] It shall be the duty of the Commission to
conduct a comprehensive study and review of the operation of the
provisions of this title, in effect on the effective date of this
section, to determine the effectiveness of such provisions during
the six-year period immediately following the date of their
enactment [June 19, 1968].
"(e) [Personnel; appointment; compensation and
qualifications] (1) Subject to such rules and regulations as may
be adopted by the Commission the Chairman shall have the power
to--
"(A) appoint and fix the compensation of an Executive
Director, and such additional staff personnel as he deems
necessary, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and
General Schedule pay rates, but at rates not in excess of the
maximum rate for GS-18 of the General Schedule under section 5332
of such title; and
"(B) procure temporary and intermittent services to the
same extent as is authorized by section 3109 of title 5, United
States Code, but at rates not to exceed $100 a day for
individuals.
"(2) In making appointments pursuant to paragraph (1) of
this subsection, the Chairman shall include among his appointment
individuals determined by the Chairman to be competent social
scientists, lawyers, and law enforcement officers.
"(f) [Compensation, travel and other expenses] (1) A
member of the Commission who is a Member of Congress shall serve
without additional compensation, but shall be reimbursed for
travel, subsistence, and other necessary expenses incurred in the
performance of duties vested in the Commission.
"(2) A member of the Commission from private life shall
receive $100 per diem when engaged in the actual performance of
duties vested in the Commission, plus reimbursement for travel,
subsistence, and other necessary expenses incurred in the
performance of such duties.
"(g) [Hearings; Cooperation of Federal and State
Agencies] (1) Notwithstanding section 2515 of title 18, United
States Code, the Commission or any duly authorized subcommittee
or member thereof may, for the purpose of carrying out the
provisions of this title, hold such hearings, sit and act at such
times and places, administer such oaths, and require by subpena
or otherwise the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memorandums, papers and documents as the Commission or such
subcommittee or member may deem advisable. Any member of the
Commission may administer oaths or affirmations to witnesses
appearing before the Commission or before such subcommittee or
member. Subpenas may be issued under the signature of the
Chairman or any duly designated member of the Commission, and may
be served by any person designated by the Chairman or such
member.
"(2) In the case of contumacy or refusal to obey a
subpena issued under subsection (1) by any person who resides, is
found, or transacts business within the jurisdiction of any
district court of the United States, the district court, at the
request of the Chairman of the Commission, shall have
jurisdiction to issue to such person an order requiring such
person to appear before the Commission or a subcommittee or
member thereof, there to produce evidence if so ordered, or there
to give testimony touching the matter under inquiry. Any failure
of any such person to obey any such order of the court may be
punished by the court as a contempt thereof.
"(3) The Commission shall be 'an agency of the United
States' under subsection (1), section 6001, title 18, United
States Code for the purpose of granting immunity to witnesses.
"(4) Each department, agency, and instrumentality of the
executive branch of the Government, including independent
agencies, is authorized and directed to furnish to the
Commission, upon request made by the Chairman, on a reimbursable
basis or otherwise, such statistical data, reports, and other
information as the Commission deems necessary to carry out its
functions under this title. The Chairman is further authorized to
call upon the departments, agencies, and other offices of the
several States, to furnish, on a reimbursable basis or otherwise,
such statistical data, reports, and other information as the
Commission deems necessary to carry out its functions under this
title.
"(5) Whenever the Commission or any subcommittee
determines by majority vote to meet in a closed session, sections
10(a) (1) and (3) and 10(b) of the Federal Advisory Committee Act
(86 Stat. 770; 5 U.S.C. Appendix) shall not apply with respect to
such meeting, and section 552 of title 5, United States Code,
shall not apply to the records, reports, and transcripts of any
such meeting.
"(h) [Reports to President and Congress; termination
date] The Commission shall make such interim reports as it deems
advisable, and it shall make a final report of its findings and
recommendations to the President of the United States and to the
Congress on or before April 30, 1976. Sixty days after submission
of its final report, the Commission shall cease to exist.
"(i) [Conflict of interest; exemption] (1) Except as
provided in paragraph (2) of this subsection, any member of the
Commission is exempted, with respect to his appointment, from the
operation of sections 203, 205, 207, and 209 of title 18, United
States Code.
"(2) The exemption granted by paragraph (1) of this
subsection shall not extend--
"(A) to the receipt of payment of salary in connection
with the appointee's Government service from any source other
than the private employer of the appointee at the time of his
appointment, or
"(B) during the period of such appointment, to the
prosecution, by any person so appointed, of any claim against the
Government involving any matter with which such person, during
such period, is or was directly connected by reason of such
appointment.
"(j) [Appropriations] There is authorized to be
appropriated such sum as may be necessary to carry out the
provisions of this section.
"(k) [Effective Date] The foregoing provisions of this
section shall take effect upon the expiration of the fifth year
period immediately following the date of the enactment of this
Act [June 19, 1968]."
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2510
18 USCA § 2510
go to table of contents
§ 2511. Interception and disclosure of
wire, oral, or electronic communications prohibited
(1) Except as otherwise specifically provided in this chapter
any person who--
(a) intentionally intercepts, endeavors to intercept, or
procures any other person to intercept or endeavor to intercept,
any wire, oral, or electronic communication;
(b) intentionally uses, endeavors to use, or procures any
other person to use or endeavor to use any electronic,
mechanical, or other device to intercept any oral communication
when--
(i) such device is affixed to, or otherwise transmits a signal
through, a wire, cable, or other like connection used in wire
communication; or
(ii) such device transmits communications by radio, or
interferes with the transmission of such communication; or
(iii) such person knows, or has reason to know, that such
device or any component thereof has been sent through the mail or
transported in interstate or foreign commerce; or
(iv) such use or endeavor to use (A) takes place on the
premises of any business or other commercial establishment the
operations of which affect interstate or foreign commerce; or (B)
obtains or is for the purpose of obtaining information relating
to the operations of any business or other commercial
establishment the operations of which affect interstate or
foreign commerce; or
(v) such person acts in the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession of
the United States;
(c) intentionally discloses, or endeavors to disclose, to any
other person the contents of any wire, oral, or electronic
communication, knowing or having reason to know that the
information was obtained through the interception of a wire,
oral, or electronic communication in violation of this
subsection; or
(d) intentionally uses, or endeavors to use, the contents of
any wire, oral, or electronic communication, knowing or having
reason to know that the information was obtained through the
interception of a wire, oral, or electronic communication in
violation of this subsection;
shall be punished as provided in subsection (4) or shall be
subject to suit as provided in subsection (5).
(2) (a) (i) It shall not be unlawful under this chapter for an
operator of a switchboard, or on officer, employee, or agent of a
provider of wire or electronic communication service, whose
facilities are used in the transmission of a wire communication,
to intercept, disclose, or use that communication in the normal
course of his employment while engaged in any activity which is a
necessary incident to the rendition of his service or to the
protection of the rights or property of the provider of that
service, except that a provider of wire communication service to
the public shall not utilize service observing or random
monitoring except for mechanical or service quality control
checks.
(ii) Notwithstanding any other law, providers of wire or
electronic communication service, their officers, employees, and
agents, landlords, custodians, or other persons, are authorized
to provide information, facilities, or technical assistance to
persons authorized by law to intercept wire, oral, or electronic
communications or to conduct electronic surveillance, as defined
in section 101 of the Foreign Intelligence Surveillance Act of
1978, if such provider, its officers, employees, or agents,
landlord, custodian, or other specified person, has been provided
with--
(A) a court order directing such assistance signed by the
authorizing judge, or
(B) a certification in writing by a person specified in
section 2518(7) of this title or the Attorney General of the
United States that no warrant or court order is required by law,
that all statutory requirements have been met, and that the
specified assistance is required,
setting forth the period of time during which the provision of
the information, facilities, or technical assistance is
authorized and specifying the information, facilities, or
technical assistance required. No provider of wire or electronic
communication service, officer, employee, or agent thereof, or
landlord, custodian, or other specified person shall disclose the
existence of any interception or surveillance or the device used
to accomplish the interception or surveillance with respect to
which the person has been furnished a court order or
certification under this chapter, except as may otherwise be
required by legal process and then only after prior notification
to the Attorney General or to the principal prosecuting attorney
of a State or any political subdivision of a State, as may be
appropriate. Any such disclosure, shall render such person liable
for the civil damages provided for in section 2520. No cause of
action shall lie in any court against any provider of wire or
electronic communication service, its officers, employees, or
agents, landlord, custodian, or other specified person for
providing information, facilities, or assistance in accordance
with the terms of a court order or certification under this
chapter.
(b) It shall not be unlawful under this chapter for an
officer, employee, or agent of the Federal Communications
Commission, in the normal course of his employment and in
discharge of the monitoring responsibilities exercised by the
Commission in the enforcement of chapter 5 of title 47 of the
United States Code, to intercept a wire or electronic
communication, or oral communication transmitted by radio, or to
disclose or use the information thereby obtained.
(c) It shall not be unlawful under this chapter for a person
acting under color of law to intercept a wire, oral, or
electronic communication, where such person is a party to the
communication or one of the parties to the communication has
given prior consent to such interception.
(d) It shall not be unlawful under this chapter for a person
not acting under color of law to intercept a wire, oral, or
electronic communication where such person is a party to the
communication or where one of the parties to the communication
has given prior consent to such interception unless such
communication is intercepted for the purpose of committing any
criminal or tortious act in violation of the Constitution or laws
of the United States or of any State.
(e) Notwithstanding any other provision of this title or
section 705 or 706 of the Communications Act of 1934, it shall
not be unlawful for an officer, employee, or agent of the United
States in the normal course of his official duty to conduct
electronic surveillance, as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978, as authorized by that Act.
(f) Nothing contained in this chapter or chapter 121, or
section 705 of the Communications Act of 1934, shall be deemed to
affect the acquisition by the United States Government of foreign
intelligence information from international or foreign
communications, or foreign intelligence activities conducted in
accordance with otherwise applicable Federal law involving a
foreign electronic communications system, utilizing a means other
than electronic surveillance as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978, and procedures in
this chapter and the Foreign Intelligence Surveillance Act of
1978 shall be the exclusive means by which electronic
surveillance, as defined in section 101 of such Act, and the
interception of domestic wire and oral communications may be
conducted.
(g) It shall not be unlawful under this chapter or chapter 121
of this title for any person--
(i) to intercept or access an electronic communication made
through an electronic communication system that is configured so
that such electronic communication is readily accessible to the
general public;
(ii) to intercept any radio communication which is
transmitted--
(I) by any station for the use of the general public, or that
relates to ships, aircraft, vehicles, or persons in distress;
(II) by any governmental, law enforcement, civil defense,
private land mobile, or public safety communications system,
including police and fire, readily accessible to the general
public;
(III) by a station operating on an authorized frequency within
the bands allocated to the amateur, citizens band, or general
mobile radio services; or
(IV) by any marine or aeronautical communications system;
(iii) to engage in any conduct which--
(I) is prohibited by section 633 of the Communications Act of
1934; or
(II) is excepted from the application of section 705(a) of the
Communications Act of 1934 by section 705(b) of that Act;
(iv) to intercept any wire or electronic communication the
transmission of which is causing harmful interference to any
lawfully operating station or consumer electronic equipment, to
the extent necessary to identify the source of such interference;
or
(v) for other users of the same frequency to intercept any
radio communication made through a system that utilizes
frequencies monitored by individuals engaged in the provision or
the use of such system, if such communication is not scrambled or
encrypted.
(h) It shall not be unlawful under this chapter--
(i) to use a pen register or a trap and trace device (as those
terms are defined for the purposes of chapter 206 (relating to
pen registers and trap and trace devices) of this title); or
(ii) for a provider of electronic communication service to
record the fact that a wire or electronic communication was
initiated or completed in order to protect such provider, another
provider furnishing service toward the completion of the wire or
electronic communication, or a user of that service, from
fraudulent, unlawful or abusive use of such service.
(3)(a) Except as provided in paragraph (b) of this subsection,
a person or entity providing an electronic communication service
to the public shall not intentionally divulge the contents of any
communication (other than one to such person or entity, or an
agent thereof) while in transmission on that service to any
person or entity other than an addressee or intended recipient of
such communication or an agent of such addressee or intended
recipient.
(b) A person or entity providing electronic communication
service to the public may divulge the contents of any such
communication--
(i) as otherwise authorized in section 2511(2)(a) or 2517 of
this title;
(ii) with the lawful consent of the originator or any
addressee or intended recipient of such communication;
(iii) to a person employed or authorized, or whose facilities
are used, to forward such communication to its destination; or
(iv) which were inadvertently obtained by the service provider
and which appear to pertain to the commission of a crime, if such
divulgence is made to a law enforcement agency.
(4)(a) Except as provided in paragraph (b) of this subsection
or in subsection (5), whoever violates subsection (1) of this
section shall be fined under this title or imprisoned not more
than five years, or both.
(b) If the offense is a first offense under paragraph (a) of
this subsection and is not for a tortious or illegal purpose or
for purposes of direct or indirect commercial advantage or
private commercial gain, and the wire or electronic communication
with respect to which the offense under paragraph (a) is a radio
communication that is not scrambled or encrypted, then--
(i) if the communication is not the radio portion of a
cellular telephone communication, a public land mobile radio
service communication or a paging service communication, and the
conduct is not that described in subsection (5), the offender
shall be fined under this title or imprisoned not more than one
year, or both; and
(ii) if the communication is the radio portion of a cellular
telephone communication, a public land mobile radio service
communication or a paging service communication, the offender
shall be fined not more than $500.
(c) Conduct otherwise an offense under this subsection that
consists of or relates to the interception of a satellite
transmission that is not encrypted or scrambled and that is
transmitted--
(i) to a broadcasting station for purposes of retransmission
to the general public; or
(ii) as an audio subcarrier intended for redistribution to
facilities open to the public, but not including data
transmissions or telephone calls,
is not an offense under this subsection unless the conduct is
for the purposes of direct or indirect commercial advantage or
private financial gain.
(5)(a)(i) If the communication is--
(A) a private satellite video communication that is not
scrambled or encrypted and the conduct in violation of this
chapter is the private viewing of that communication and is not
for a tortious or illegal purpose or for purposes of direct or
indirect commercial advantage or private commercial gain; or
(B) a radio communication that is transmitted on frequencies
allocated under subpart D of part 74 of the rules of the Federal
Communications Commission that is not scrambled or encrypted and
the conduct in violation of this chapter is not for a tortious or
illegal purpose or for purposes of direct or indirect commercial
advantage or private commercial gain,
then the person who engages in such conduct shall be subject
to suit by the Federal Government in a court of competent
jurisdiction.
(ii) In an action under this subsection--
(A) if the violation of this chapter is a first offense for
the person under paragraph (a) of subsection (4) and such person
has not been found liable in a civil action under section 2520 of
this title, the Federal Government shall be entitled to
appropriate injunctive relief; and
(B) if the violation of this chapter is a second or subsequent
offense under paragraph (a) of subsection (4) or such person has
been found liable in any prior civil action under section 2520,
the person shall be subject to a mandatory $500 civil fine.
(b) The court may use any means within its authority to
enforce an injunction issued under paragraph (ii)(A), and shall
impose a civil fine of not less than $500 for each violation of
such an injunction.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 213.)
1993 Supplemental Credit(s)
(As amended Pub.L. 91-358, Title II, § 211(a), July 29, 1970,
84 Stat. 654; Pub.L. 95-511, Title II, § 201(a)-(c), Oct. 25,
1978, 92 Stat. 1796, 1797; Pub.L. 98-549, § 6(b)(2), Oct. 30,
1984, 98 Stat. 2804; Pub.L. 99-508, Title I, ss 101(b), (c)(1),
(5), (6), (d), (f), 102, Oct. 21, 1986, 100 Stat. 1849- 1853.)
HISTORICAL AND STATUTORY NOTES
References in Text
Chapter 5 of title 47 of the United States Code, referred to
in par. (2)(b), is chapter 5 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs. Such chapter 5, set out as § 151 et seq. of
Title 47, is the Communications Act of 1934.
Sections 705 and 706 of the Communications Act of 1934,
referred to in par. (2)(e), (f), and (g), are classified to
sections 605 and 606 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, respectively.
The Foreign Intelligence Surveillance Act of 1978, referred to
in pars. (2) (e) and (f), is Pub.L. 95-511, Oct. 25, 1978, 92
Stat. 1783, which is classified principally to chapter 36
(section 1801 et seq.) of Title 50, War and National Defense.
Section 101 of the Foreign Intelligence Surveillance Act of 1978,
referred to in pars. (2) (a) (ii), (e), and (f), is classified to
section 1801 of Title 50. For complete classification of this Act
to the Code, see Short Title note set out under section 1801 of
Title 50 and Tables.
Section 633 of the Communications Act of 1934, referred to in
par. (2)(g), is classified to section 553 of Title 47,
Telegraphs, Telephones, and Radiotelegraphs.
1986 Amendment
Catchline. Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (1). Pub.L. 99-508, § 101(d)(1), substituted "shall
be punished as provided in subsection (4) or shall be subject to
suit as provided in subsection (5)" for "shall be fined
not more than $10,000 or imprisoned not more than five years, or
both".
Par. (1)(a). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (1)(a). Pub.L. 99-508, § 101(f)(1), substituted
"intentionally" for "willfully".
Par. (1)(b). Pub.L. 99-508, § 101(f)(1), substituted
"intentionally" for "willfully".
Par. (1)(c). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (1)(c). Pub.L. 99-508, § 101(f)(1), substituted
"intentionally" for "willfully".
Par. (1)(d). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (1)(d). Pub.L. 99-508, § 101(f)(1), substituted
"intentionally" for "willfully".
Par. (2)(a)(i). Pub.L. 99-508, § 101(c)(5), substituted
"agent of a provider of wire or electronic communication
service" for "agent of any communication common
carrier" and "property of the provider of that service,
except that a provider of wire communication service to the
public shall" for "property of the carrier of such
communication: Provided, that said communication common carriers
shall".
Par. (2)(a)(ii). Pub.L. 99-508, § 101(b)(1), substituted
"Any such disclosure shall" for "Any violation of
this subparagraph by a communication common carrier or an
officer, employee, or agent thereof, shall", "render
such person liable" for "render the carrier
liable", and "the terms of a court order or
certification under this chapter" for "the terms of an
order or certification under this subparagraph".
Par. (2)(a)(ii). Pub.L. 99-508, § 101(c)(6), substituted
"providers of wire or electronic communication service"
for "communication common carriers", "provider of
wire or electronic communication service" for
"communication common carrier" wherever appearing in
text, and "if such provider" for "if the common
carrier".
Par. (2)(a)(ii). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (2)(b). Pub.L. 99-508, § 101(c)(1)(B), substituted
"wire or electronic communication" for "wire
communication".
Par. (2)(c). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (2)(d). Pub.L. 99-508, § 101(b)(2), substituted "of
any State." for "of any State or for the purpose of
committing any other injurious act.".
Par. (2)(d). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (2)(f). Pub.L. 99-508, § 101(b)(3), substituted
"contained in this chapter or chapter 121, or section"
for "contained in this chapter, or section",
"procedures in this chapter or chapter 121 and the" for
"procedures in this chapter and the", and "foreign
communications, or foreign intelligence activities conducted in
accordance with otherwise applicable Federal law involving a
foreign electronic communications system, utilizing a means"
for "foreign communications by a means".
Par. (2)(f). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (2)(g), (h). Pub.L. 99-508, § 101(b)(4), added subpars.
(g) and (h).
Par. (3). Pub.L. 99-508, § 102, added par. (3).
Pars. (4), (5). Pub.L. 99-508, § 101(d)(2), added pars. (4)
and (5).
1984 Amendment
Par. (2)(e). Pub.L. 98-549, § 6(b)(2)(A), substituted
"section 705 or 706" for "section 605 or
606".
Par. (2)(f). Pub.L. 98-549, § 6(b)(2)(B), substituted
"section 705" for "section 605".
1978 Amendment
Par. (2)(a)(ii). Pub.L. 95-511, § 201(a), substituted
provisions authorizing communication common carriers etc., to
provide information to designated persons, prohibiting disclosure
of intercepted information, and rendering violators civilly
liable for provision exempting communication common carriers from
criminality for giving information to designated officers.
Par. (2) (e). Pub.L. 95-511, § 201(b), added par. (2) (e).
Par. (2) (f). Pub.L. 95-511, § 201(b), added par. (2) (f).
Par. (3). Pub.L. 95-511, § 201(c), struck out par. (3) which
provided that nothing in this chapter or section 605 of Title 47
limited the President's constitutional power to gather necessary
intelligence to protect the national security and stated the
conditions necessary for the reception into evidence and
disclosure of communications intercepted by the President.
1970 Amendment
Subsec. (2)(a)(i). Pub.L. 91-358, § 211(a)(1), designated
existing provisions as subsec. (2)(a)(i).
Subsec. (2) (a) (ii). Pub.L. 91-358, § 211(a) (2), added
subsec. (2) (a) (ii).
Effective Date of 1986 Amendment
Except as otherwise provided in section 111 of Pub.L. 99-508,
amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986,
see section 111 of Pub.L. 99-508 set out as a note under section
2510 of this title.
Effective Date of 1984 Amendment
Amendment by Pub.L. 98-549 to take effect 60 days after Oct.
30, 1984, except where otherwise expressly provided, see section
9(a) of Pub.L. 98-549, set out as a note under section 521 of
Title 47, Telegraphs, Telephones and Radiotelegraphs.
Effective Date of 1978 Amendment
Amendment by Pub.L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 301 of Pub.L. 95-511, set out
as an Effective Date note under section 1801 of Title 50, War and
National Defense.
Effective Date of 1970 Amendment
Section 901(a) of Pub.L. 91-358 provided in part that the
amendment of this section by Pub.L. 91-358 shall take effect on
the first day of the seventh calendar month which begins after
July 29, 1970.
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 95-511, see 1978
U.S. Code Cong. and Adm. News, p. 3904. See, also, Pub.L. 98-549,
1984 U.S. Code Cong. and Adm. News, p. 4655; Pub.L. 99-508, 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2511
18 USCA § 2511
go to table of contents
§ 2512. Manufacture, distribution,
possession, and advertising of wire, oral, or electronic
communication intercepting devices prohibited
(1) Except as otherwise specifically provided in this chapter,
any person who intentionally--
(a) sends through the mail, or sends or carries in interstate
or foreign commerce, any electronic, mechanical, or other device,
knowing or having reason to know that the design of such device
renders it primarily useful for the purpose of the surreptitious
interception of wire, oral, or electronic communications;
(b) manufactures, assembles, possesses, or sells any
electronic, mechanical, or other device, knowing or having reason
to know that the design of such device renders it primarily
useful for the purpose of the surreptitious interception of wire,
oral, or electronic communications, and that such device or any
component thereof has been or will be sent through the mail or
transported in interstate or foreign commerce; or
(c) places in any newspaper, magazine, handbill, or other
publication any advertisement of--
(i) any electronic mechanical, or other device knowing or
having reason to know that the design of such device renders it
primarily useful for the purpose of the surreptitious
interception of wire, oral, or electronic communications; or
(ii) any other electronic, mechanical, or other device, where
such advertisement promotes the use of such device for the
purpose of the surreptitious interception of wire, oral, or
electronic communications,
knowing or having reason to know that such advertisement will
be sent through the mail or transported in interstate or foreign
commerce,
shall be fined not more than $10,000 or imprisoned not more
than five years, or both.
(2) It shall not be unlawful under this section for--
(a) a provider of wire or electronic communication service or
an officer, agent, or employee of, or a person under contract
with, such a provider, in the normal course of the business of
providing that wire or electronic communications service, or
(b) an officer, agent, or employee of, or a person under
contract with, the United States, a State, or a political
subdivision thereof, in the normal course of the activities of
the United States, a State, or a political subdivision thereof,
to send through the mail, send or carry in interstate or foreign
commerce, or manufacture, assemble, possess, or sell any
electronic, mechanical, or other device knowing or having reason
to know that the design of such device renders it primarily
useful for the purpose of the surreptitious interception of wire,
oral, or electronic communications.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 214.)
1993 Supplemental Credit(s)
(As amended Pub.L. 99-508, Title I, § 101(c)(1)(A), (7),
(f)(2), Oct. 21, 1986, 100 Stat. 1851, 1853.)
HISTORICAL AND STATUTORY NOTES
1986 Amendment
Catchline Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (1). Pub.L. 99-508, § 101(f)(2), substituted
"intentionally" for "willfully".
Par. (1)(a). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (1)(b). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (1)(c)(i). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (1)(c)(ii). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (2)(a). Pub.L. 99-508, § 101(c)(7), substituted "a
provider of wire or electronic communication service or" for
"a communications common carrier or", "such a
provider, in" for "a communications common carrier,
in", and "course of the business of providing that wire
or electronic communication service," for "course of
the communications common carrier's business".
Par. (2)(b). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Effective Date of 1986 Amendment
Except as otherwise provided in section 111 of Pub.L. 99-508,
amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986,
see section 111 of Pub.L. 99-508 set out as a note under section
2510 of this title.
Effect of Regulations Prohibiting Cellular Telecommunications
Interception on Other Laws
For provision relating to the effect of regulations
prohibiting manufacture of scanning receivers capable of
receiving cellular telecommunications on other laws, see section
403(c) of Pub.L. 102-556, Oct. 28, 1992, 106 Stat. 4195, set out
as a note under section 302a of Title 47, Telegraphs, Telephones,
and Radiotelegraphs.
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm. News, p. 3555.
18 U.S.C.A. § 2512
18 USCA § 2512
go to table of contents
§ 2513. Confiscation of wire, oral, or
electronic communication intercepting devices
Any electronic, mechanical, or other device used, sent,
carried, manufactured, assembled, possessed, sold, or advertised
in violation of section 2511 or section 2512 of this chapter may
be seized and forfeited to the United States. All provisions of
law relating to (1) the seizure, summary and judicial forfeiture,
and condemnation of vessels, vehicles, merchandise, and baggage
for violations of the customs laws contained in title 19 of the
United States Code, (2) the disposition of such vessels,
vehicles, merchandise, and baggage or the proceeds from the sale
thereof, (3) the remission or mitigation of such forfeiture, (4)
the compromise of claims, and (5) the award of compensation to
informers in respect of such forfeitures, shall apply to seizures
and forfeitures incurred, or alleged to have been incurred, under
the provisions of this section, insofar as applicable and not
inconsistent with the provisions of this section; except that
such duties as are imposed upon the collector of customs or any
other person with respect to the seizure and forfeiture of
vessels, vehicles, merchandise, and baggage under the provisions
of the customs laws contained in title 19 of the United States
Code shall be performed with respect to seizure and forfeiture of
electronic, mechanical, or other intercepting devices under this
section by such officers, agents, or other persons as may be
authorized or designated for that purpose by the Attorney
General.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 215.)
1993 Supplemental Credit(s)
(As amended Pub.L. 99-508, Title I, § 101(c)(1)(A), Oct. 21,
1986, 100 Stat. 1851.)
HISTORICAL AND STATUTORY NOTES
References in Text
Title 19 of the United States Code, referred to in text, is
Title 19, Customs Duties.
1986 Amendment
Catchline. Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Effective Date of 1986 Amendment
Except as otherwise provided in section 111 of Pub.L. 99-508,
amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986,
see section 111 of Pub.L. 99-508 set out as a note under section
2510 of this title.
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 99-508, see
1986, U.S. Code Cong. and Adm. News, p. 3555.
18 U.S.C.A. § 2513
18 USCA § 2513
go to table of contents
[s 2514. Repealed. Pub.L. 91-452, Title
II, § 227(a), Oct. 15, 1970, 84 Stat. 930]
HISTORICAL AND STATUTORY NOTES
Section, Pub.L. 90-351, Title II, § 802, June 19, 1968, 82
Stat. 216, provided for immunity of witnesses giving testimony or
producing evidence under compulsion in Federal grand jury or
court proceedings. Subject matter is now covered in sections 6002
and 6003 of this title.
Effective Date of Repeal
Sections 227(a), 260 of Pub.L. 91-452 provided for repeal of
this section effective four years following sixtieth day after
date of enactment of Pub.L. 91-452, which was approved Oct. 15,
1970, such repeal not affecting any immunity to which any
individual was entitled under this section by reason of any
testimony or other information given before such date. See
section 260 of Pub.L. 91-452, set out as a note under section
6001 of this title.
18 U.S.C.A. § 2514
18 USCA § 2514
go to table of contents
§ 2515. Prohibition of use as evidence
of intercepted wire or oral communications
Whenever any wire or oral communication has been intercepted,
no part of the contents of such communication and no evidence
derived therefrom may be received in evidence in any trial,
hearing, or other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or a
political subdivision thereof if the disclosure of that
information would be in violation of this chapter.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 216.)
HISTORICAL AND STATUTORY NOTES
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
18 U.S.C.A. § 2515
18 USCA § 2515
go to table of contents
§ 2516. Authorization for interception
of wire, oral, or electronic communications
(1) The Attorney General, Deputy Attorney General, Associate
Attorney General, or any Assistant Attorney General, any acting
Assistant Attorney General, or any Deputy Assistant Attorney
General in the Criminal Division specially designated by the
Attorney General, may authorize an application to a Federal judge
of competent jurisdiction for, and such judge may grant in
conformity with section 2518 of this chapter an order authorizing
or approving the interception of wire or oral communications by
the Federal Bureau of Investigation, or a Federal agency having
responsibility for the investigation of the offense as to which
the application is made, when such interception may provide or
has provided evidence of--
(a) any offense punishable by death or by imprisonment for
more than one year under sections 2274 through 2277 of title 42
of the United States Code (relating to the enforcement of the
Atomic Energy Act of 1954), section 2284 of title 42 of the
United States Code (relating to sabotage of nuclear facilities or
fuel), or under the following chapters of this title: chapter 37
(relating to espionage), chapter 105 (relating to sabotage),
chapter 115 (relating to treason), chapter 102 (relating to
riots) chapter 65 (relating to malicious mischief), chapter 111
(relating to destruction of vessels), or chapter 81 (relating to
piracy);
(b) a violation of section 186 or section 501(c) of title 29,
United States Code (dealing with restrictions on payments and
loans to labor organizations), or any offense which involves
murder, kidnapping, robbery, or extortion, and which is
punishable under this title;
(c) any offense which is punishable under the following
sections of this title: section 201 (bribery of public officials
and witnesses), section 215 (relating to bribery of bank
officials), section 224 (bribery in sporting contests),
subsection (d), (e), (f), (g), (h), or (i) of section 844
(unlawful use of explosives), section 1032 (relating to
concealment of assets), section 1084 (transmission of wagering
information), section 751 (relating to escape), section 1014
(relating to loans and credit applications generally; renewals
and discounts), sections 1503, 1512, and 1513 (influencing or
injuring an officer, juror, or witness generally), section 1510
(obstruction of criminal investigations), section 1511
(obstruction of State or local law enforcement), section 1751
(Presidential and Presidential staff assassination, kidnaping,
and assault), section 1951 (interference with commerce by threats
or violence), section 1952 (interstate and foreign travel or
transportation in aid of racketeering enterprises), section 1958
(relating to use of interstate commerce facilities in the
commission of murder for hire), section 1959 (relating to violent
crimes in aid of racketeering activity), section 1954 (offer,
acceptance, or solicitation to influence operations of employee
benefit plan), section 1955 (prohibition of business enterprises
of gambling), section 1956 (laundering of monetary instruments),
section 1957 (relating to engaging in monetary transactions in
property derived from specified unlawful activity), section 659
(theft from interstate shipment), section 664 (embezzlement from
pension and welfare funds), section 1343 (fraud by wire, radio,
or television), section 1344 (relating to bank fraud), sections
2251 and 2252 (sexual exploitation of children), sections 2312,
2313, 2314, and 2315 (interstate transportation of stolen
property), section 2321 (relating to trafficking in certain motor
vehicles or motor vehicle parts), section 1203 (relating to
hostage taking), section 1029 (relating to fraud and related
activity in connection with access devices), section 3146
(relating to penalty for failure to appear), section 3521(b)(3)
(relating to witness relocation and assistance), section 32
(relating to destruction of aircraft or aircraft facilities),
section 1963 (violations with respect to racketeer influenced and
corrupt organizations), section 115 (relating to threatening or
retaliating against a Federal official), and section 1341
(relating to mail fraud), section 351 (violations) with respect
to congressional, Cabinet, or Supreme Court assassinations,
kidnaping, and assault), section 831 (relating to prohibited
transactions involving nuclear materials), section 33 (relating
to destruction of motor vehicles or motor vehicle facilities),
section 175 (relating to biological weapons), or section 1992
(relating to wrecking trains);
(d) any offense involving counterfeiting punishable under
section 471, 472, or 473 of this title;
(e) any offense involving fraud connected with a case under
title 11 or the manufacture, importation, receiving, concealment,
buying, selling, or otherwise dealing in narcotic drugs,
marihuana, or other dangerous drugs, punishable under any law of
the United States;
(f) any offense including extortionate credit transactions
under sections 892, 893, or 894 of this title;
(g) a violation of section 5322 of title 31, United States
Code (dealing with the reporting of currency transactions);
(h) any felony violation of sections 2511 and 2512 (relating
to interception and disclosure of certain communications and to
certain intercepting devices) of this title;
(i) any felony violation of chapter 71 (relating to obscenity)
of this title;
(j) any violation of section 11(c)(2) of the Natural Gas
Pipeline Safety Act of 1968 (relating to destruction of a natural
gas pipeline) or subsection 902(i) or (n) of the Federal Aviation
Act of 1958 (relating to aircraft piracy);
(k) any criminal violation of section 2778 of title 22
(relating to the Arms Export Control Act);
(l) the location of any fugitive from justice from an offense
described in this section; or
(m) any felony violation of sections 922 and 924 of title 18,
United States Code (relating to firearms);
(n) any violation of section 5861 of the Internal Revenue Code
of 1986 (relating to firearms); and
(o) any conspiracy to commit any offense described in any
subparagraph of this paragraph.
(2) The principal prosecuting attorney of any State, or the
principal prosecuting attorney of any political subdivision
thereof, if such attorney is authorized by a statute of that
State to make application to a State court judge of competent
jurisdiction for an order authorizing or approving the
interception of wire, oral, or electronic communications, may
apply to such judge for, and such judge may grant in conformity
with section 2518 of this chapter and with the applicable State
statute an order authorizing, or approving the interception of
wire, oral, or electronic communications by investigative or law
enforcement officers having responsibility for the investigation
of the offense as to which the application is made, when such
interception may provide or has provided evidence of the
commission of the offense of murder, kidnapping, gambling,
robbery, bribery, extortion, or dealing in narcotic drugs,
marihuana or other dangerous drugs, or other crime dangerous to
life, limb, or property, and punishable by imprisonment for more
than one year, designated in any applicable State statute
authorizing such interception, or any conspiracy to commit any of
the foregoing offenses.
(3) Any attorney for the Government (as such term is defined
for the purposes of the Federal Rules of Criminal Procedure) may
authorize an application to a Federal judge of competent
jurisdiction for, and such judge may grant, in conformity with
section 2518 of this title, or order authorizing or approving the
interception of electronic communications by an investigative or
law enforcement officer having responsibility for the
investigation of the offense as to which the application is made,
when such interception may provide or has provided evidence of
any Federal felony.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 216.)
1993 Supplemental Credit(s)
(As amended Pub.L. 91-452, Title VIII, § 810, Title IX, §
902(a), Title XI, § 1103, Oct. 15, 1970, 84 Stat. 940, 947, 959;
Pub.L. 91-644, Title IV, § 16, Jan. 2, 1971, 84 Stat. 1891;
Pub.L. 95-598, Title III, § 314(h), 92 Stat. 2677; Pub.L.
97-285, ss 2(e), 4(e), Oct. 6, 1982, 96 Stat. 1220, 1221; Pub.L.
98-292, § 8, May 21, 1984, 98 Stat. 206; Pub.L. 98-473, Title
II, § 1203(c), Oct. 12, 1984, 98 Stat. 2152; Pub.L. 99- 508,
Title I, ss 101(c)(1)(A), 104, 105, Oct. 21, 1986, 100 Stat.
1851, 1855; Pub.L. 99-570, Title I, § 1365(c), Oct. 27, 1986,
100 Stat. 3207-35; Pub.L. 100-690, Title VI, § 6461, Title VII,
ss 7036, 7053(d), 7525, Nov. 18, 1988, 102 Stat. 4374, 4399,
4402, 4502; Pub.L. 101-298, § 3(b), May 22, 1990, 104 Stat. 203;
Pub.L. 101-647, Title XXV, § 2531, Title XXXV, § 3568, Nov. 29,
1990, 104 Stat. 4879, 4928.)
HISTORICAL AND STATUTORY NOTES
References in Text
Sections 2274 through 2277 of title 42 of the United States
Code, referred to in par. (1)(a), are ss 2274 through 2277 of
Title 42, The Public Health and Welfare.
Sections 186 and 501(c) of title 29, United States Code,
referred to in par. (1)(b), are ss 186 and 501(c), respectively,
of Title 29, Labor.
The Arms Export Control Act, referred to in par. (1)(k), is
Pub.L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
classified generally to chapter 39 (section 2751 et seq.) of
Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set
out under section 2751 of Title 22 and Tables.
Codifications
Amendment by section 3(b) of Pub.L. 101-298, which directed
insertion of "section 175 (relating to biological
weapons)," following "section 33 (relating to
destruction of motor vehicle facilities)," was executed to
par. (1)(c) of this section as the probable intent of Congress
notwithstanding directory language calling for the amendment of
section "2516(c) of title 18".
Amendment to par. (1)(c) by section 1365(c) of Pub.L. 99-570
was executed by inserting "section 1956 (laundering of
monetary instruments), section 1957 (relating to engaging in
monetary transactions in property derived from specified unlawful
activity)," after "section 1955 (prohibition of
business enterprises of gambling)," as the probable intent
of Congress.
1990 Amendment
Par. (1)(c). Pub.L. 101-647, § 2531(1)(A)-(E), inserted
before the provisions as indicated: "section 215 (relating
to bribery of bank officials)," before "section
224"; "section 1014 (relating to loans and credit
applications generally; renewals and discounts)," before
"sections 1503,"; "section 1032 (relating to
concealment of assets)," before "section 1084";
"section 1344 (relating to bank fraud)," before
"sections 2251 and 2252"; and struck "the section
in chapter 65 relating to destruction of an energy
facility," preceding "and section 1341 (relating to
mail fraud)".
Par. (1)(C). Pub.L. 101-298 inserted "section 175
(relating to biological weapons),".
Par. (1)(j). Pub.L. 101-647, § 2531(3), substituted "any
violation of section 11(c)(2) of the Natural Gas Pipeline Safety
Act of 1968 (relating to destruction of a natural gas pipeline)
or subsection (i) or (n) of section 902 of the Federal Aviation
Act of 1958 (relating to aircraft piracy)" for "any
violation of section 1679(c)(2) (relating to destruction of a
natural gas pipeline) or subsection (i) or (n) of section 1472
(relating to aircraft piracy) of title 49, of the United States
Code".
Pub.L. 101-647, § 3568, substituted "any violation of
section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968
(relating to destruction of a natural gas pipeline) or section
902(i) or (n) of the Federal Aviation Act of 1958 (relating to
aircraft piracy)" for "any violation of section
1679(c)(2) (relating to destruction of a natural gas pipeline) or
subsection (i) or (n) of section 1472 (relating to aircraft
piracy) of title 49, of the United States Code".
Par. (1)(m), (n). Pub.L. 101-647, § 2531(2)(A)-(C), struck
subpar. "(m) any conspiracy to commit any of the foregoing
offenses."; struck from subpar. (m) relating to firearms)
the word "and"; and substituted at the end of subpar.
(n) "; and" for the period.
Par. (1)(o). Pub.L. 101-647, § 2531(2)(D), added subpar. (o).
1988 Amendment
Pub.L. 100-690, § 7036(a)(1), substituted "Associate
Attorney General, or any" for "Associate Attorney
General, any".
Par. (1)(a). Pub.L. 100-690, § 7036(c)(1), substituted
"(relating to riots)," for "(relating to
riots);".
Par. (1)(c). Pub.L. 100-690, § 7036(a)(2), struck out comma
following "to mail fraud),", requiring no change in
text.
Pub.L. 100-690, § 7036(b), substituted "section
2321" for "the second section 2320", and struck
out "section 2252 or 2253 (sexual exploitation of
children)," following "exploitation of
children),".
Pub.L. 100-690, § 7053(d), substituted "1958" for
"1952A", and "1959" for "1952B".
Par. (1)(i). Pub.L. 100-690, § 7525, added subpar. (i).
Former subpar. (i) was redesignated (j).
Par. (1)(j). Pub.L. 100-690, § 7525, redesignated former
subpar. (i) as (j). Former subpar. (j) was redesignated (k).
Pub.L. 100-690, § 7036(c)(2), struck out "or;"
following "Export Control Act);".
Par. (1)(k). Pub.L. 100-690, § 7525, redesignated former
subpar. (j) as (k). Former subpar. (k) was redesignated (l ).
Pub.L. 100-690, § 7036(c)(3), substituted "section;
or" for "section;".
Par. (1)(l ). Pub.L. 100-690, § 7525, redesignated former
subpar. (k) as (l ). Former subpar. (l ) was redesignated (m).
Par. (1)(m). Pub.L. 100-690, § 7525, redesignated former
subpar. (l ) as (m).
Par. (1)(m), (n). Pub.L. 100-690, § 6461, added subpars. (m)
and (n).
1986 Amendments
Par. (1)(c). Pub.L. 99-570, § 1356(c), added references to
section 1956 (laundering of monetary instruments) and section
1957 (relating to engaging in monetary transactions in property
derived from specified unlawful activity). See Codification note
set out under this section.
Catchline Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (1). Pub.L. 99-508, § 104, substituted "any
Assistant Attorney General, any acting Assistant Attorney
General, or any Deputy Assistant Attorney General in the Criminal
Division specially designated for "or any Assistant Attorney
General specially designated".
Par. (1)(a). Pub.L. 99-508, § 105(a)(5), added "section
2284 of title 42 of the United States Code (relating to sabotage
of nuclear facilities or fuel)," following "Atomic
Energy Act of 1954,", "chapter 65 (relating to
malicious mischief), chapter 111 (relating to destruction of
vessels), or chapter 81 (relating to piracy)" following
"relating to riots)", and struck out "or"
following "(relating to treason),".
Par. (1)(c). Pub.L. 99-508, § 105(a)(1), added "section
751 (relating to escape)," following "wagering
information),", "the second section 2320 (relating to
trafficking in certain motor vehicles or motor vehicle parts),
section 1203 (relating to hostage taking), section 1029 (relating
to fraud and related activity in connection with access devices),
section 3146 (relating to penalty for failure to appear), section
3521(b)(3) (relating to witness relocation and assistance),
section 32 (relating to destruction of aircraft or aircraft
facilities)," following "stolen property),",
"section 1952A (relating to use of interstate commerce
facilities in the commission of murder for hire), section 1952B
(relating to violent crimes in aid of racketeering
activity)," following "racketeering
enterprises),", ", section 115 (relating to threatening
or retaliating against a Federal official), the section in
chapter 65 relating to destruction of an energy facility, and
section 1341 (relating to mail fraud)," following
"corrupt organizations)", ", section 831 (relating
to prohibited transactions involving nuclear materials), section
33 (relating to destruction of motor vehicles or motor vehicle
facilities), or section 1992 (relating to wrecking trains)"
following "Court assassinations, kidnaping, and
assault)", and substituted "2312, 2313, 2314," for
"2314" and "section 351" for "or section
351".
Par. (2). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications" wherever appearing in
text.
Par. (3). Pub.L. 99-508, § 105(b), added par. (3).
Par. (h). Pub.L. 99-508, § 105(a)(3), added par. (h). Former
par. (h) was redesignated (l).
Pars. (i) to (k). Pub.L. 99-508, § 105(a)(3), added pars. (i)
to (k).
Par. (l). Pub.L. 99-508, § 105(a)(4), redesignated former
par. (h) as (l).
1984 Amendments
Par. (1). Pub.L. 98-473, § 1203(c)(4), added "Deputy
Attorney General, Associate Attorney General," after
"Attorney General".
Par. (1)(c). Pub.L. 98-473, § 1203(c)(1), added "section
1343 (fraud by wire, radio, or television), section 2252 or 2253
(sexual exploitation of children)," after "section 664
(embezzlement from pension and welfare funds),".
Pub.L. 98-292 added "sections 2251 and 2252 (sexual
exploitation of children)," after "section 664
(embezzlement from pension and welfare funds),".
Pub.L. 98-473, § 1203(c)(2), added references to sections
1512 and 1513 after "1503".
Par. (1)(g). Pub.L. 98-473, § 1203(c)(3), added par. (g).
Former par. (g) was redesignated par. (h).
Par. (1)(h). Pub.L. 98-473, § 1203(c)(3), redesignated par.
(g) as par. (h).
1982 Amendment
Par. (1)(c). Pub.L. 97-285, ss 2(e), 4(e), substituted
"(Presidential and Presidential staff assassination,
kidnaping, and assault)" for "(Presidential
assassinations, kidnaping, and assault)" following
"section 1751" and substituted "(violations with
respect to congressional, Cabinet, or Supreme Court
assassinations, kidnaping, and assault)" for
"(violations with respect to congressional assassination,
kidnaping, and assault)" following "section 351".
1978 Amendment
Par. (1)(e). Pub.L. 95-598 substituted "fraud connected
with a case under title 11" for "bankruptcy
fraud".
1971 Amendment
Par. (1)(c). Pub.L. 91-644 added provision authorizing
interception of communications with respect to section 351
offense (violations with respect to congressional assassination,
kidnaping, and assault).
1970 Amendment
Par. (1)(c). Pub.L. 91-452 added provisions authorizing
applicability to sections 844(d), (e), (f), (g), (h), or (i),
1511, 1955, and 1963 of this title.
Effective Date of 1986 Amendment
Except as otherwise provided in section 111 of Pub.L. 99-508,
amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986,
see section 111 of Pub.L. 99-508 set out as a note under section
2510 of this title.
Effective Date of 1978 Amendment
Amendment by Pub.L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub.L. 95-598, set out as a note preceding section 101
of Title 11, Bankruptcy.
Savings Provisions
Amendment by section 314 of Pub.L. 95-598 not to affect the
application of this section to any act of any person (1)
committed before Oct. 1, 1979, or (2) committed after Oct. 1,
1979, in connection with a case commenced before such date, see
section 403(d) of Pub.L. 95-598, set out preceding section 101 of
Title 11, Bankruptcy.
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 91-452, see 1970
U.S. Code Cong. and Adm. News, p. 4007. See, also, Pub.L. 91-644,
1970 U.S. Code Cong. and Adm. News, p. 5804; Pub.L. 97-285, 1982
U.S. Code Cong. and Adm. News, p. 2428; Pub.L. 98-292, 1984
U.S.Code Cong. and Adm.News, p. 492; Pub.L. 98-473, 1984 U.S.Code
Cong. and Adm.News, p. 3182; Pub.L. 99-508, 1986 U.S. Code Cong.
and Adm. News, p. 3555; Pub.L. 99-570, 1986 U.S. Code Cong. and
Adm. News, p. 5393; Pub.L. 100-690, 1988 U.S.Code Cong. and
Adm.News, p. 5937; Pub.L. 101- 298, 1990 U.S.Code Cong. and
Adm.News, p. 186.
18 U.S.C.A. § 2516
18 USCA § 2516
go to table of contents
§ 2517. Authorization for disclosure and
use of intercepted wire, oral, or electronic communications
(1) Any investigative or law enforcement officer who, by any
means authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication, or
evidence derived therefrom, may disclose such contents to another
investigative or law enforcement officer to the extent that such
disclosure is appropriate to the proper performance of the
official duties of the officer making or receiving the
disclosure.
(2) Any investigative or law enforcement officer who, by any
means authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication or
evidence derived therefrom may use such contents to the extent
such use is appropriate to the proper performance of his official
duties.
(3) Any person who has received, by any means authorized by
this chapter, any information concerning a wire, oral, or
electronic communication, or evidence derived therefrom
intercepted in accordance with the provisions of this chapter may
disclose the contents of that communication or such derivative
evidence while giving testimony under oath or affirmation in any
proceeding held under the authority of the United States or of
any State or political subdivision thereof.
(4) No otherwise privileged wire, oral, or electronic
communication intercepted in accordance with, or in violation of,
the provisions of this chapter shall lose its privileged
character.
(5) When an investigative or law enforcement officer, while
engaged in intercepting wire, oral, or electronic communications
in the manner authorized herein, intercepts wire, oral, or
electronic communications relating to offenses other than those
specified in the order of authorization or approval, the contents
thereof, and evidence derived therefrom, may be disclosed or used
as provided in subsections (1) and (2) of this section. Such
contents and any evidence derived therefrom may be used under
subsection (3) of this section when authorized or approved by a
judge of competent jurisdiction where such judge finds on
subsequent application that the contents were otherwise
intercepted in accordance with the provisions of this chapter.
Such application shall be made as soon as practicable.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 217.)
1993 Supplemental Credit(s)
(As amended Pub.L. 91-452, Title IX, § 902(b), Oct. 15, 1970,
84 Stat. 947; Pub.L. 99-508, Title I, § 101(c)(1)(A), Oct. 21,
1986, 100 Stat. 1851.)
HISTORICAL AND STATUTORY NOTES
1986 Amendment
Catchline. Pub.L. 99-508, § 101(c), substituted "wire,
oral, or electronic communications" for "wire or oral
communications".
Par. (1). Pub.L. 99-508, § 101(c), substituted "wire,
oral, or electronic communication" for "wire or oral
communication".
Par. (2). Pub.L. 99-508, § 101(c), substituted "wire,
oral, or electronic communication" for "wire or oral
communication".
Par. (3). Pub.L. 99-508, § 101(c), substituted "wire,
oral, or electronic communication" for "wire or oral
communication".
Par. (4). Pub.L. 99-508, § 101(c), substituted "wire,
oral, or electronic communication" for "wire or oral
communication".
Par. (5). Pub.L. 99-508, § 101(c), substituted "wire,
oral, or electronic communications" for "wire or oral
communications".
1970 Amendment
Par. (3). Pub.L. 91-452 substituted "proceeding held
under the authority of the United States or of any State or
political subdivision thereof" for "criminal proceeding
in any court of the United States or of any State or in any
Federal or State grand jury proceeding".
Effective Date of 1986 Amendment
Except as otherwise provided in section 111 of Pub.L. 99-508,
amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986,
see section 111 of Pub.L. 99-508 set out as a note under section
2510 of this title.
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 91-452, see 1970
U.S. Code Cong. and Adm. News, p. 4007. See, also, Pub.L. 99-508,
1986 U.S. Code Cong. and Adm. News, p. 3555.
18 U.S.C.A. § 2517
18 USCA § 2517
go to table of contents
§ 2518. Procedure for interception of
wire, oral, or electronic communications
(1) Each application for an order authorizing or approving the
interception of a wire, oral, or electronic communication under
this chapter shall be made in writing upon oath or affirmation to
a judge of competent jurisdiction and shall state the applicant's
authority to make such application. Each application shall
include the following information:
(a) the identity of the investigative or law enforcement
officer making the application, and the officer authorizing the
application;
(b) a full and complete statement of the facts and
circumstances relied upon by the applicant, to justify his belief
that an order should be issued, including (i) details as to the
particular offense that has been, is being, or is about to be
committed, (ii) except as provided in subsection (11), a
particular description of the nature and location of the
facilities from which or the place where the communication is to
be intercepted, (iii) a particular description of the type of
communications sought to be intercepted, (iv) the identity of the
person, if known, committing the offense and whose communications
are to be intercepted;
(c) a full and complete statement as to whether or not other
investigative procedures have been tried and failed or why they
reasonably appear to be unlikely to succeed if tried or to be too
dangerous;
(d) a statement of the period of time for which the
interception is required to be maintained. If the nature of the
investigation is such that the authorization for interception
should not automatically terminate when the described type of
communication has been first obtained, a particular description
of facts establishing probable cause to believe that additional
communications of the same type will occur thereafter;
(e) a full and complete statement of the facts concerning all
previous applications known to the individual authorizing and
making the application, made to any judge for authorization to
intercept, or for approval of interceptions of, wire, oral, or
electronic communications involving any of the same persons,
facilities or places specified in the application, and the action
taken by the judge on each such application; and
(f) where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the
interception, or a reasonable explanation of the failure to
obtain such results.
(2) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of the application.
(3) Upon such application the judge may enter an ex parte
order, as requested or as modified, authorizing or approving
interception of wire, oral, or electronic communications within
the territorial jurisdiction of the court in which the judge is
sitting (and outside that jurisdiction but within the United
States in the case of a mobile interception device authorized by
a Federal court within such jurisdiction), if the judge
determines on the basis of the facts submitted by the applicant
that--
(a) there is probable cause for belief that an individual is
committing, has committed, or is about to commit a particular
offense enumerated in section 2516 of this chapter;
(b) there is probable cause for belief that particular
communications concerning that offense will be obtained through
such interception;
(c) normal investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
to be too dangerous;
(d) except as provided in subsection (11), there is probable
cause for belief that the facilities from which, or the place
where, the wire, oral, or electronic communications are to be
intercepted are being used, or are about to be used, in
connection with the commission of such offense, or are leased to,
listed in the name of, or commonly used by such person.
(4) Each order authorizing or approving the interception of
any wire, oral, or electronic communication under this chapter
shall specify--
(a) the identity of the person, if known, whose communications
are to be intercepted;
(b) the nature and location of the communications facilities
as to which, or the place where, authority to intercept is
granted;
(c) a particular description of the type of communication
sought to be intercepted, and a statement of the particular
offense to which it relates;
(d) the identity of the agency authorized to intercept the
communications, and of the person authorizing the application;
and
(e) the period of time during which such interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained.
An order authorizing the interception of a wire, oral, or
electronic communication under this chapter shall, upon request
of the applicant, direct that a provider of wire or electronic
communication service, landlord, custodian or other person shall
furnish the applicant forthwith all information, facilities, and
technical assistance necessary to accomplish the interception
unobtrusively and with a minimum of interference with the
services that such service provider, landlord, custodian, or
person is according the person whose communications are to be
intercepted. Any provider of wire or electronic communication
service, landlord, custodian or other person furnishing such
facilities or technical assistance shall be compensated therefor
by the applicant for reasonable expenses incurred in providing
such facilities or assistance.
(5) No order entered under this section may authorize or
approve the interception of any wire, oral, or electronic
communication for any period longer than is necessary to achieve
the objective of the authorization, nor in any event longer than
thirty days. Such thirty-day period begins on the earlier of the
day on which the investigative or law enforcement officer first
begins to conduct an interception under the order or ten days
after the order is entered. Extensions of an order may be
granted, but only upon application for an extension made in
accordance with subsection (1) of this section and the court
making the findings required by subsection (3) of this section.
The period of extension shall be no longer than the authorizing
judge deems necessary to achieve the purposes for which it was
granted and in no event for longer than thirty days. Every order
and extension thereof shall contain a provision that the
authorization to intercept shall be executed as soon as
practicable, shall be conducted in such a way as to minimize the
interception of communications not otherwise subject to
interception under this chapter, and must terminate upon
attainment of the authorized objective, or in any event in thirty
days. In the event the intercepted communication is in a code or
foreign language, and an expert in that foreign language or code
is not reasonably available during the interception period,
minimization may be accomplished as soon as practicable after
such interception. An interception under this chapter may be
conducted in whole or in part by Government personnel, or by an
individual operating under a contract with the Government, acting
under the supervision of an investigative or law enforcement
officer authorized to conduct the interception.
(6) Whenever an order authorizing interception is entered
pursuant to this chapter, the order may require reports to be
made to the judge who issued the order showing what progress has
been made toward achievement of the authorized objective and the
need for continued interception. Such reports shall be made at
such intervals as the judge may require.
(7) Notwithstanding any other provision of this chapter, any
investigative or law enforcement officer, specially designated by
the Attorney General, the Deputy Attorney General, the Associate
Attorney General or by the principal prosecuting attorney of any
State or subdivision thereof acting pursuant to a statute of that
State, who reasonably determines that--
(a) an emergency situation exists that involves--
(i) immediate danger of death or serious physical injury to
any person,
(ii) conspiratorial activities threatening the national
security interest, or
(iii) conspiratorial activities characteristic of organized
crime,
that requires a wire, oral, or electronic communication to be
intercepted before an order authorizing such interception can,
with due diligence, be obtained, and
(b) there are grounds upon which an order could be entered
under this chapter to authorize such interception,
may intercept such wire, oral, or electronic communication if
an application for an order approving the interception is made in
accordance with this section within forty-eight hours after the
interception has occurred, or begins to occur. In the absence of
an order, such interception shall immediately terminate when the
communication sought is obtained or when the application for the
order is denied, whichever is earlier. In the event such
application for approval is denied, or in any other case where
the interception is terminated without an order having been
issued, the contents of any wire, oral, or electronic
communication intercepted shall be treated as having been
obtained in violation of this chapter, and an inventory shall be
served as provided for in subsection (d) of this section on the
person named in the application.
(8) (a) The contents of any wire, oral, or electronic
communication intercepted by any means authorized by this chapter
shall, if possible, be recorded on tape or wire or other
comparable device. The recording of the contents of any wire,
oral, or electronic communication under this subsection shall be
done in such way as will protect the recording from editing or
other alterations. Immediately upon the expiration of the period
of the order, or extensions thereof, such recordings shall be
made available to the judge issuing such order and sealed under
his directions. Custody of the recordings shall be wherever the
judge orders. They shall not be destroyed except upon an order of
the issuing or denying judge and in any event shall be kept for
ten years. Duplicate recordings may be made for use or disclosure
pursuant to the provisions of subsections (1) and (2) of section
2517 of this chapter for investigations. The presence of the seal
provided for by this subsection, or a satisfactory explanation
for the absence thereof, shall be a prerequisite for the use or
disclosure of the contents of any wire, oral, or electronic
communication or evidence derived therefrom under subsection (3)
of section 2517.
(b) Applications made and orders granted under this chapter
shall be sealed by the judge. Custody of the applications and
orders shall be wherever the judge directs. Such applications and
orders shall be disclosed only upon a showing of good cause
before a judge of competent jurisdiction and shall not be
destroyed except on order of the issuing or denying judge, and in
any event shall be kept for ten years.
(c) Any violation of the provisions of this subsection may be
punished as contempt of the issuing or denying judge.
(d) Within a reasonable time but not later than ninety days
after the filing of an application for an order of approval under
section 2518(7)(b) which is denied or the termination of the
period of an order or extensions thereof, the issuing or denying
judge shall cause to be served, on the persons named in the order
or the application, and such other parties to intercepted
communications as the judge may determine in his discretion that
is in the interest of justice, an inventory which shall include
notice of--
(1) the fact of the entry of the order or the application;
(2) the date of the entry and the period of authorized,
approved or disapproved interception, or the denial of the
application; and
(3) the fact that during the period wire, oral, or electronic
communications were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion
make available to such person or his counsel for inspection such
portions of the intercepted communications, applications and
orders as the judge determines to be in the interest of justice.
On an ex parte showing of good cause to a judge of competent
jurisdiction the serving of the inventory required by this
subsection may be postponed.
(9) The contents of any wire, oral, or electronic
communication intercepted pursuant to this chapter or evidence
derived therefrom shall not be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in a Federal
or State court unless each party, not less than ten days before
the trial, hearing, or proceeding, has been furnished with a copy
of the court order, and accompanying application, under which the
interception was authorized or approved. This ten-day period may
be waived by the judge if he finds that it was not possible to
furnish the party with the above information ten days before the
trial, hearing, or proceeding and that the party will not be
prejudiced by the delay in receiving such information.
(10)(a) Any aggrieved person in any trial, hearing, or
proceeding in or before any court, department, officer, agency,
regulatory body, or other authority of the United States, a
State, or a political subdivision thereof, may move to suppress
the contents of any wire or oral communication intercepted
pursuant to this chapter, or evidence derived therefrom, on the
grounds that--
(i) the communication was unlawfully intercepted;
(ii) the order of authorization or approval under which it was
intercepted is insufficient on its face; or
(iii) the interception was not made in conformity with the
order of authorization or approval.
Such motion shall be made before the trial, hearing, or
proceeding unless there was no opportunity to make such motion or
the person was not aware of the grounds of the motion. If the
motion is granted, the contents of the intercepted wire or oral
communication, or evidence derived therefrom, shall be treated as
having been obtained in violation of this chapter. The judge,
upon the filing of such motion by the aggrieved person, may in
his discretion make available to the aggrieved person or his
counsel for inspection such portions of the intercepted
communication or evidence derived therefrom as the judge
determines to be in the interests of justice.
(b) In addition to any other right to appeal, the United
States shall have the right to appeal from an order granting a
motion to suppress made under paragraph (a) of this subsection,
or the denial of an application for an order of approval, if the
United States attorney shall certify to the judge or other
official granting such motion or denying such application that
the appeal is not taken for purposes of delay. Such appeal shall
be taken within thirty days after the date the order was entered
and shall be diligently prosecuted.
(c) The remedies and sanctions described in this chapter with
respect to the interception of electronic communications are the
only judicial remedies and sanctions for nonconstitutional
violations of this chapter involving such communications.
(11) The requirements of subsections (1)(b)(ii) and (3)(d) of
this section relating to the specification of the facilities from
which, or the place where, the communication is to be intercepted
do not apply if--
(a) in the case of an application with respect to the
interception of an oral communication--
(i) the application is by a Federal investigative or law
enforcement officer and is approved by the Attorney General, the
Deputy Attorney General, the Associate Attorney General, an
Assistant Attorney General, or an acting Assistant Attorney
General;
(ii) the application contains a full and complete statement as
to why such specification is not practical and identifies the
person committing the offense and whose communications are to be
intercepted; and
(iii) the judge finds that such specification is not
practical; and
(b) in the case of an application with respect to a wire or
electronic communication--
(i) the application is by a Federal investigative or law
enforcement officer and is approved by the Attorney General, the
Deputy Attorney General, the Associate Attorney General, an
Assistant Attorney General, or an acting Assistant Attorney
General;
(ii) the application identifies the person believed to be
committing the offense and whose communications are to be
intercepted and the applicant makes a showing of a purpose, on
the part of that person, to thwart interception by changing
facilities; and
(iii) the judge finds that such purpose has been adequately
shown.
(12) An interception of a communication under an order with
respect to which the requirements of subsections (1)(b)(ii) and
(3)(d) of this section do not apply by reason of subsection (11)
shall not begin until the facilities from which, or the place
where, the communication is to be intercepted is ascertained by
the person implementing the interception order. A provider of
wire or electronic communications service that has received an
order as provided for in subsection (11)(b) may move the court to
modify or quash the order on the ground that its assistance with
respect to the interception cannot be performed in a timely or
reasonable fashion. The court, upon notice to the government,
shall decide such a motion expeditiously.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 218.)
1993 Supplemental Credit(s)
(As amended Pub.L. 91-358, Title II, § 211(b), July 29, 1970,
84 Stat. 654; Pub.L. 95-511, Title II, § 201(d)-(g), Oct. 25,
1978, 92 Stat. 1797, 1798; Pub.L. 98-473, Title II, § 1203(a),
(b), Oct. 12, 1984, 98 Stat. 2152; Pub.L. 99-508, Title I, ss
101(c)(1)(A), (8), (e), 106(a)-(d)(3), Oct. 21, 1986, 100 Stat.
1851- 1853, 1856, 1857.)
HISTORICAL AND STATUTORY NOTES
1986 Amendment
Catchline. Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (1). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (1)(b)(ii). Pub.L. 99-508, § 106(d)(1), added
"except as provided in subsection (11)," preceding
"a particular description".
Par. (1)(e). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (3). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (3). Pub.L. 99-508, § 106(a), added "(and outside
that jurisdiction but within the United States in the case of a
mobile interception device authorized by a Federal court within
such jurisdiction)" following "judge is sitting".
Par. (3)(d). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (3)(d). Pub.L. 99-508, § 106(d)(2), added "except
as provided in subsection (11)," preceding "there
is".
Par. (4). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (4). Pub.L. 99-508, § 101(c)(8), substituted
"provider of wire or electronic communication service"
for "communication common carrier" wherever appearing
in text, and "such service provider" for "such
carrier".
Par. (4). Pub.L. 99-508, § 106(b), substituted "by the
applicant for reasonable expenses incurred in providing such
facilities or assistance" for "by the applicant at the
prevailing rates".
Par. (5). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (5). Pub.L. 99-508, § 106(c), added provisions which
related to beginning of thirty-day period, minimization where
intercepted communication is in code or foreign language and
expert in that code or foreign language is not immediately
available, and conduct of interception by Government personnel or
by individual operating under Government contract, acting under
supervision of investigative or law enforcement officer
authorized to conduct interception.
Par. (7). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (8)(a). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication" wherever appearing in
text.
Par. (8)(d)(3). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (9). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communication" for
"wire or oral communication".
Par. (10)(c). Pub.L. 99-508, § 101(e), added subpar. (c).
Pars. (11), (12). Pub.L. 99-508, § 106(d)(3), added pars.
(11) and (12).
1984 Amendment
Par. (7). Pub.L. 98-473, § 1203(a), added ", the Deputy
Attorney General, the Associate Attorney General," after
"Attorney General".
Par. (7)(a). Pub.L. 98-473, § 1203(b), added cl. (i) and
designated the matter following "conspiratorial
activities" each time it appears, as cls. (ii) and (iii),
respectively.
1978 Amendment
Par. (1). Pub.L. 95-511, § 201(d), added "under this
chapter" following "communication".
Par. (4). Pub.L. 95-511, § 201(e), added "under this
chapter" following "wire or oral communication"
wherever appearing.
Par. (9). Pub.L. 95-511, § 201(e), substituted "any wire
or oral communication intercepted pursuant to this chapter"
for "any intercepted wire or oral communication".
Par. (10). Pub.L. 95-511, § 201(g), substituted "any
wire or oral communication intercepted pursuant to this
chapter," for "any intercepted wire or oral
communication,".
1970 Amendment
Subsec. (4). Pub.L. 91-358 added the provision that, upon the
request of the applicant, an order authorizing the interception
of a wire or oral communication direct that a communication
common carrier, landlord, custodian, or other person furnish the
applicant with all information, facilities, and technical
assistance necessary to accomplish the interception unobtrusively
and with a minimum of interference with the services provided.
Effective Date of 1986 Amendment
Except as otherwise provided in section 111 of Pub.L. 99-508,
amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986,
see section 111 of Pub.L. 99-508 set out as a note under section
2510 of this title.
Effective Date of 1978 Amendment
Amendment by Pub.L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 301 of Pub.L. 95-511, set out
as an Effective Date note under section 1801 of Title 50, War and
National Defense.
Effective Date of 1970 Amendment
Section 901(a) of Pub.L. 91-358 provided in part that the
amendment of this section by Pub.L. 91-358 shall take effect on
the first day of the seventh calendar month which begins after
July 29, 1970.
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 95-511, see 1978
U.S. Code Cong. and Adm. News, p. 3904. See, also, Pub.L. 98-473,
1984 U.S.Code Cong. and Adm.News, p. 3182; Pub.L. 99-508, 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2518
18 USCA § 2518
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§ 2519. Reports concerning intercepted
wire, oral, or electronic communications
(1) Within thirty days after the expiration of an order (or
each extension thereof) entered under section 2518, or the denial
of an order approving an interception, the issuing or denying
judge shall report to the Administrative Office of the United
States Courts--
(a) the fact that an order or extension was applied for;
(b) the kind of order or extension applied for (including
whether or not the order was an order with respect to which the
requirements of sections 3518(1)(b)(ii) and 2518(3)(d) of this
title did not apply by reason of section 2518(11) of this title);
(c) the fact that the order or extension was granted as
applied for, was modified, or was denied;
(d) the period of interceptions authorized by the order, and
the number and duration of any extensions of the order;
(e) the offense specified in the order or application, or
extension of an order;
(f) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application; and
(g) the nature of the facilities from which or the place where
communications were to be intercepted.
(2) In January of each year the Attorney General, an Assistant
Attorney General specially designated by the Attorney General, or
the principal prosecuting attorney of a State, or the principal
prosecuting attorney for any political subdivision of a State,
shall report to the Administrative Office of the United States
Courts- -
(a) the information required by paragraphs (a) through (g) of
subsection (1) of this section with respect to each application
for an order or extension made during the preceding calendar
year;
(b) a general description of the interceptions made under such
order or extension, including (i) the approximate nature and
frequency of incriminating communications intercepted, (ii) the
approximate nature and frequency of other communications
intercepted, (iii) the approximate number of persons whose
communications were intercepted, and (iv) the approximate nature,
amount, and cost of the manpower and other resources used in the
interceptions;
(c) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which arrests
were made;
(d) the number of trials resulting from such interceptions;
(e) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
(f) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
(g) the information required by paragraphs (b) through (f) of
this subsection with respect to orders or extensions obtained in
a preceding calendar year.
(3) In April of each year the Director of the Administrative
Office of the United States Courts shall transmit to the Congress
a full and complete report concerning the number of applications
for orders authorizing or approving the interception of wire,
oral, or electronic communications pursuant to this chapter and
the number of orders and extensions granted or denied pursuant to
this chapter during the preceding calendar year. Such report
shall include a summary and analysis of the data required to be
filed with the Administrative Office by subsections (1) and (2)
of this section. The Director of the Administrative Office of the
United States Courts is authorized to issue binding regulations
dealing with the content and form of the reports required to be
filed by subsections (1) and (2) of this section.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 222.)
1993 Supplemental Credit(s)
(As amended Pub.L. 95-511, Title II, § 201(h), Oct. 25, 1978,
92 Stat. 1798; Pub.L. 99-508, Title I, ss 101(c)(1)(A),
106(d)(4), Oct. 21, 1986, 100 Stat. 1851, 1857.)
HISTORICAL AND STATUTORY NOTES
1986 Amendment
Catchline. Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for
"wire or oral communications".
Par. (1)(b). Pub.L. 99-508, § 106(d)(4), added
"(including whether or not the order was an order with
respect to which the requirements of sections 2518(1)(b)(ii) and
2518(3)(d) of this title did not apply by reason of section
2518(11) of this title)" following "applied for".
Par. (3). Pub.L. 99-508, § 101(c)(1)(A), substituted
"wire, oral, or electronic communications" for wire or
oral communications".
1978 Amendment
Par. (3). Pub.L. 95-511 added "pursuant to this
chapter" following "wire or oral communications"
and "pursuant to this chapter" following "granted
or denied".
Effective Date of 1986 Amendment
Except as otherwise provided in section 111 of Pub.L. 99-508,
amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986,
see section 111 of Pub.L. 99-508 set out as a note under section
2510 of this title.
Effective Date of 1978 Amendment
Amendment by Pub.L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 301 of Pub.L. 95-511, set out
as an Effective Date note under section 1801 of Title 50, War and
National Defense.
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2519
18 USCA § 2519
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§ 2520. Recovery of civil damages
authorized
(a) In general.--Except as provided in section 2511(2)(a)(ii),
any person whose wire, oral, or electronic communication is
intercepted, disclosed, or intentionally used in violation of
this chapter may in a civil action recover from the person or
entity which engaged in that violation such relief as may be
appropriate.
(b) Relief.--In an action under this section, appropriate
relief includes--
(1) such preliminary and other equitable or declaratory relief
as may be appropriate;
(2) damages under subsection (c) and punitive damages in
appropriate cases; and
(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
(c) Computation of damages.--(1) In an action under this
section, if the conduct in violation of this chapter is the
private viewing of a private satellite video communication that
is not scrambled or encrypted or if the communication is a radio
communication that is transmitted on frequencies allocated under
subpart D of part 74 of the rules of the Federal Communications
Commission that is not scrambled or encrypted and the conduct is
not for a tortious or illegal purpose or for purposes of direct
or indirect commercial advantage or private commercial gain, then
the court shall assess damages as follows:
(A) If the person who engaged in that conduct has not
previously been enjoined under section 2511(5) and has not been
found liable in a prior civil action under this section, the
court shall assess the greater of the sum of actual damages
suffered by the plaintiff, or statutory damages of not less than
$50 and not more than $500.
(B) If, on one prior occasion, the person who engaged in that
conduct has been enjoined under section 2511(5) or has been found
liable in a civil action under this section, the court shall
assess the greater of the sum of actual damages suffered by the
plaintiff, or statutory damages of not less than $100 and not
more than $1000.
(2) In any other action under this section, the court may
assess as damages whichever is the greater of--
(A) the sum of the actual damages suffered by the plaintiff
and any profits made by the violator as a result of the
violation; or
(B) statutory damages of whichever is the greater of $100 a
day for each day of violation or $10,000.
(d) Defense.--A good faith reliance on--
(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer
under section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) of this
title permitted the conduct complained of;
is a complete defense against any civil or criminal action
brought under this chapter or any other law.
(e) Limitation.--A civil action under this section may not be
commenced later than two years after the date upon which the
claimant first has a reasonable opportunity to discover the
violation.
1970 Main Volume Credit(s)
(Added Pub.L. 90-351, Title III, § 802, June 19, 1968, 82
Stat. 223.)
1993 Supplemental Credit(s)
(As amended Pub.L. 91-358, Title II, § 211(c), July 29, 1970,
84 Stat. 654; Pub.L. 99-508, Title I, § 103, Oct. 21, 1986, 100
Stat. 1853.)
HISTORICAL AND STATUTORY NOTES
1986 Amendment
Pub.L. 99-508, § 103, substituted provisions which authorized
any person whose wire, oral, or electronic communication is
intercepted, disclosed, or intentionally used in violation of
this chapter to recover in civil action such relief as may be
appropriate from person or entity which engaged in violation,
except as provided in section 2511(2)(a)(ii) of this title, scope
of appropriate relief, computation of damages, factors
constituting defense, and limitation period, for provisions which
authorized any person whose wire or oral communication is
intercepted, disclosed, or used in violation of this chapter to
bring civil action against any person, or one who procures any
person, who engages in such violation, measures of relief, and
defense of good faith reliance on court order or legislative
authorization.
1970 Amendment
Pub.L. 91-358 substituted provisions that a good faith
reliance on a court order or legislative authorization constitute
a complete defense to any civil or criminal action brought under
this chapter or under any other law, for provisions that a good
faith reliance on a court order or on the provisions of section
2518(7) of this chapter constitute a complete defense to any
civil or criminal action brought under this chapter.
Effective Date of 1986 Amendment
Except as otherwise provided in section 111 of pub.L. 99-508,
amendment by Pub.L. 99-508 effective 90 days after Oct. 21, 1986,
see section 111 of Pub.L. 99-508 set out as a note under section
2510 of this title.
Effective Date of 1970 Amendment
Section 901(a) of Pub.L. 91-358 provided in part that the
amendment of this section by Pub.L. 91-358 shall take effect on
the first day of the seventh calendar month which begins after
July 29, 1970.
Legislative History
For legislative history and purpose of Pub.L. 90-351, see 1968
U.S.Code Cong. and Adm.News, p. 2112.
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2520
18 USCA § 2520
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§ 2521. Injunction against illegal
interception
Whenever it shall appear that any person is engaged or is
about to engage in any act which constitutes or will constitute a
felony violation of this chapter, the Attorney General may
initiate a civil action in a district court of the United States
to enjoin such violation. The court shall proceed as soon as
practicable to the hearing and determination of such an action,
and may, at any time before final determination, enter such a
restraining order or prohibition, or take such other action, as
is warranted to prevent a continuing and substantial injury to
the United States or to any person or class of persons for whose
protection the action is brought. A proceeding under this section
is governed by the Federal Rules of Civil Procedure, except that,
if an indictment has been returned against the respondent,
discovery is governed by the Federal Rules of Criminal Procedure.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title I, § 110(a), Oct. 21, 1986, 100
Stat. 1859.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 111 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 111
of Pub.L. 99-508, set out as a note under section 2510 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2521
18 USCA § 2521
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§ 2701. Unlawful access to stored
communications
(a) Offense.--Except as provided in subsection (c) of this
section whoever--
(1) intentionally accesses without authorization a facility
through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that
facility;
and thereby obtains, alters, or prevents authorized access to
a wire or electronic communication while it is in electronic
storage in such system shall be punished as provided in
subsection (b) of this section.
(b) Punishment.--The punishment for an offense under
subsection (a) of this section is--
(1) if the offense is committed for purposes of commercial
advantage, malicious destruction or damage, or private commercial
gain--
(A) a fine of not more than $250,000 or imprisonment for not
more than one year, or both, in the case of a first offense under
this subparagraph; and
(B) a fine under this title or imprisonment for not more than
two years, or both, for any subsequent offense under this
subparagraph; and
(2) a fine of not more than $5,000 or imprisonment for not
more than six months, or both, in any other case.
(c) Exceptions.--Subsection (a) of this section does not apply
with respect to conduct authorized--
(1) by the person or entity providing a wire or electronic
communications service;
(2) by a user of that service with respect to a communication
of or intended for that user; or
(3) in section 2703, 2704 or 2518 of this title.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1860.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Pub.L. 99-508, Title II, § 202, Oct. 21, 1986, 100 Stat.
1868, provided that: "This title and the amendments made by
this title [enacting this chapter] shall take effect ninety days
after the date of the enactment of this Act [Oct. 21, 1986] and
shall, in the case of conduct pursuant to a court order or
extension, apply only with respect to court orders or extensions
made after this title takes effect.".
Short Title of 1988 Amendment
Pub.L. 100-618, § 1, Nov. 5, 1988, 102 Stat. 3195, provided
that: "This Act [enacting section 2710 of this title and
renumbering former section 2710 as 2711 of this title] may be
cited as the 'Video Privacy Protection Act of 1988'."
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
LIBRARY REFERENCES
Telecommunications k497.
C.J.S. Telegraphs, Telephones, Radio and Television ss 122,
287, 288.
ANNOTATIONS
NOTES OF DECISIONS
Exceptions 1
1. Exceptions
Electronic Communications Privacy Act, which bars unlawful
access to stored communications, did not apply to alleged
wrongful access to computer systems leased by agricultural
equipment dealers and misappropriation of their property by
computer system supplier and/or agricultural equipment supplier,
where dealer lessees had consented to computer supplier's access
to their systems. American Computer Trust Leasing v. Jack Farrell
Implement Co., D.Minn.1991, 763 F.Supp. 1473.
18 U.S.C.A. § 2701
18 USCA § 2701
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§ 2702. Disclosure of contents
(a) Prohibitions.--Except as provided in subsection (b)--
(1) a person or entity providing an electronic communication
service to the public shall not knowingly divulge to any person
or entity the contents of a communication while in electronic
storage by that service; and
(2) a person or entity providing remote computing service to
the public shall not knowingly divulge to any person or entity
the contents of any communication which is carried or maintained
on that service--
(A) on behalf of, and received by means of electronic
transmission from (or created by means of computer processing of
communications received by means of electronic transmission
from), a subscriber or customer of such service; and
(B) solely for the purpose of providing storage or computer
processing services to such subscriber or customer, if the
provider is not authorized to access the contents of any such
communications for purposes of providing any services other than
storage or computer processing.
(b) Exceptions.--A person or entity may divulge the contents
of a communication--
(1) to an addressee or intended recipient of such
communication or an agent of such addressee or intended
recipient;
(2) as otherwise authorized in section 2517, 2511(2)(a), or
2703 of this title;
(3) with the lawful consent of the originator or an addressee
or intended recipient of such communication, or the subscriber in
the case of remote computing service;
(4) to a person employed or authorized or whose facilities are
used to forward such communication to its destination;
(5) as may be necessarily incident to the rendition of the
service or to the protection of the rights or property of the
provider of that service; or
(6) to a law enforcement agency, if such contents--
(A) were inadvertently obtained by the service provider; and
(B) appear to pertain to the commission of a crime.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1860, and amended Pub.L. 100-690, Title VII, § 7037, Nov.
18, 1988, 102 Stat. 4399.)
HISTORICAL AND STATUTORY NOTES
1988 Amendment
Subsec. (b)(2). Pub.L. 100-690, § 7037, substituted
"2517" for "2516".
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 202 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 202
of Pub.L. 99-508, set out as a note under section 2701 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690,
1988 U.S.Code Cong. and Adm.News, p. 5937.
18 U.S.C.A. § 2702
18 USCA § 2702
go to table of contents
§ 2703. Requirements for governmental
access
(a) Contents of electronic communications in electronic
storage.--A governmental entity may require the disclosure by a
provider of electronic communication service of the contents of
an electronic communication, that is in electronic storage in an
electronic communications system for one hundred and eighty days
or less, only pursuant to a warrant issued under the Federal
Rules of Criminal Procedure or equivalent State warrant. A
governmental entity may require the disclosure by a provider of
electronic communications services of the contents of an
electronic communication that has been in electronic storage in
an electronic communications system for more than one hundred and
eighty days by the means available under subsection (b) of this
section.
(b) Contents of electronic communications in a remote
computing service.--(1) A governmental entity may require a
provider of remote computing service to disclose the contents of
any electronic communication to which this paragraph is made
applicable by paragraph (2) of this subsection--
(A) without required notice to the subscriber or customer, if
the governmental entity obtains a warrant issued under the
Federal Rules of Criminal Procedure or equivalent State warrant;
or
(B) with prior notice from the governmental entity to the
subscriber or customer if the governmental entity--
(i) uses an administrative subpoena authorized by a Federal or
State statute or a Federal or State grand jury or trial subpoena;
or
(ii) obtains a court order for such disclosure under
subsection (d) of this section;
except that delayed notice may be given pursuant to section
2705 of this title.
(2) Paragraph (1) is applicable with respect to any electronic
communication that is held or maintained on that service--
(A) on behalf of, and received by means of electronic
transmission from (or created by means of computer processing of
communications received by means of electronic transmission
from), a subscriber or customer of such remote computing service;
and
(B) solely for the purpose of providing storage or computer
processing services to such subscriber or customer, if the
provider is not authorized to access the contents of any such
communications for purposes of providing any services other than
storage or computer processing.
(c) Records concerning electronic communication service or
remote computing service.--(1) (A) Except as provided in
subparagraph (B), a provider of electronic communication service
or remote computing service may disclose a record or other
information pertaining to a subscriber to or customer of such
service (not including the contents of communications covered by
subsection (a) or (b) of this section) to any person other than a
governmental entity.
(B) A provider of electronic communication service or remote
computing service shall disclose a record or other information
pertaining to a subscriber to or customer of such service (not
including the contents of communications covered by subsection
(a) or (b) of this section) to a governmental entity only when
the governmental entity--
(i) uses an administrative subpoena authorized by a Federal or
State statute, or a Federal or State grand jury or trial
subpoena;
(ii) obtains a warrant issued under the Federal Rules of
Criminal Procedure or equivalent State warrant;
(iii) obtains a court order for such disclosure under
subsection (d) of this section; or
(iv) has the consent of the subscriber or customer to such
disclosure.
(2) A governmental entity receiving records or information
under this subsection is not required to provide notice to a
subscriber or customer.
(d) Requirements for court order.--A court order for
disclosure under subsection (b) or (c) of this section may be
issued by any court that is a court of competent jurisdiction set
forth in section 3126(2)(A) of this title and shall issue only if
the governmental entity shows that there is reason to believe the
contents of a wire or electronic communication, or the records or
other information sought, are relevant to a legitimate law
enforcement inquiry. In the case of a State governmental
authority, such a court order shall not issue if prohibited by
the law of such State. A court issuing an order pursuant to this
section, on a motion made promptly by the service provider, may
quash or modify such order, if the information or records
requested are unusually voluminous in nature or compliance with
such order otherwise would cause an undue burden on such
provider.
(e) No cause of action against a provider disclosing
information under this chapter.--No cause of action shall lie in
any court against any provider of wire or electronic
communication service, its officers, employees, agents, or other
specified persons for providing information, facilities, or
assistance in accordance with the terms of a court order,
warrant, subpoena, or certification under this chapter.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1861, and amended Pub.L. 100-690, Title VII, ss 7038, 7039,
Nov. 18, 1988, 102 Stat. 4399.)
HISTORICAL AND STATUTORY NOTES
References in Text
Section 3126(2)(A) of this title, referred to in subsec. (d),
was renumbered section 3127(2)(A) of this title by Pub.L.
100-690, Title VII, § 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.
1988 Amendment
Subsec. (b)(1)(B)(i). Pub.L. 100-690, § 7038, added "or
trial" following "State grand jury".
Subsec. (c)(1)(B)(i). Pub.L. 100-690, § 7038, added "or
trial" following "State grand jury".
Subsec. (d). Pub.L. 100-690, § 7039, added "may be
issued by any court that is a court of competent jurisdiction set
forth in section 3126(2)(A) of this title and" following
"of this section".
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 202 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 202
of Pub.L. 99-508, set out as a note under section 2701 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690,
1988 U.S.Code Cong. and Adm.News, p. 5937.
LIBRARY REFERENCES
Telecommunications k497.
C.J.S. Telegraphs, Telephones, Radio, and Television ss 122,
287, 288.
ANNOTATIONS
NOTES OF DECISIONS
Damages 2
Good faith 1
1. Good faith
Secret Service agents' seizure, pursuant to search warrant, of
computers, disks, and other materials containing electronic
communications stored in computer bulletin board respecting
operator of bulletin board and other users of bulletin board from
operator's premises constituted violation of Stored Wire and
Electronic Communications and Transactional Records Access Act,
despite government's contention that Secret Service had
"good faith" reliance on search warrant. Steve Jackson
Games, Inc. v. U.S. Secret Service, W.D.Tex.1993, 816 F.Supp.
432.
2. Damages
District court would assess statutory damages of $1,000 for
each plaintiff against government and Secret Service as result of
violation of Stored Wire and Electronic Communications and
Transactional Records Access Act through Secret Service agents'
seizure, pursuant to search warrant, of computers, disks, and
other materials containing electronic communications stored in
computer bulletin board respecting plaintiffs operator of
bulletin board and other users of bulletin board from operator's
premises. Steve Jackson Games, Inc. v. U.S. Secret Service,
W.D.Tex.1993, 816 F.Supp. 432.
18 U.S.C.A. § 2703
18 USCA § 2703
go to table of contents
§ 2704. Backup preservation
(a) Backup preservation.--(1) A governmental entity acting
under section 2703(b)(2) may include in its subpoena or court
order a requirement that the service provider to whom the request
is directed create a backup copy of the contents of the
electronic communications sought in order to preserve those
communications. Without notifying the subscriber or customer of
such subpoena or court order, such service provider shall create
such backup copy as soon as practicable consistent with its
regular business practices and shall confirm to the governmental
entity that such backup copy has been made. Such backup copy
shall be created within two business days after receipt by the
service provider of the subpoena or court order.
(2) Notice to the subscriber or customer shall be made by the
governmental entity within three days after receipt of such
confirmation, unless such notice is delayed pursuant to section
2705(a).
(3) The service provider shall not destroy such backup copy
until the later of--
(A) the delivery of the information; or
(B) the resolution of any proceedings (including appeals of
any proceeding) concerning the government's subpoena or court
order.
(4) The service provider shall release such backup copy to the
requesting governmental entity no sooner than fourteen days after
the governmental entity's notice to the subscriber or customer if
such service provider--
(A) has not received notice from the subscriber or customer
that the subscriber or customer has challenged the governmental
entity's request; and
(B) has not initiated proceedings to challenge the request of
the governmental entity.
(5) A governmental entity may seek to require the creation of
a backup copy under subsection (a)(1) of this section if in its
sole discretion such entity determines that there is reason to
believe that notification under section 2703 of this title of the
existence of the subpoena or court order may result in
destruction of or tampering with evidence. This determination is
not subject to challenge by the subscriber or customer or service
provider.
(b) Customer challenges.--(1) Within fourteen days after
notice by the governmental entity to the subscriber or customer
under subsection (a)(2) of this section, such subscriber or
customer may file a motion to quash such subpoena or vacate such
court order, with copies served upon the governmental entity and
with written notice of such challenge to the service provider. A
motion to vacate a court order shall be filed in the court which
issued such order. A motion to quash a subpoena shall be filed in
the appropriate United States district court or State court. Such
motion or application shall contain an affidavit or sworn
statement--
(A) stating that the applicant is a customer or subscriber to
the service from which the contents of electronic communications
maintained for him have been sought; and
(B) stating the applicant's reasons for believing that the
records sought are not relevant to a legitimate law enforcement
inquiry or that there has not been substantial compliance with
the provisions of this chapter in some other respect.
(2) Service shall be made under this section upon a
governmental entity by delivering or mailing by registered or
certified mail a copy of the papers to the person, office, or
department specified in the notice which the customer has
received pursuant to this chapter. For the purposes of this
section, the term "delivery" has the meaning given that
term in the Federal Rules of Civil Procedure.
(3) If the court finds that the customer has complied with
paragraphs (1) and (2) of this subsection, the court shall order
the governmental entity to file a sworn response, which may be
filed in camera if the governmental entity includes in its
response the reasons which make in camera review appropriate. If
the court is unable to determine the motion or application on the
basis of the parties' initial allegations and response, the court
may conduct such additional proceedings as it deems appropriate.
All such proceedings shall be completed and the motion or
application decided as soon as practicable after the filing of
the governmental entity's response.
(4) If the court finds that the applicant is not the
subscriber or customer for whom the communications sought by the
governmental entity are maintained, or that there is a reason to
believe that the law enforcement inquiry is legitimate and that
the communications sought are relevant to that inquiry, it shall
deny the motion or application and order such process enforced.
If the court finds that the applicant is the subscriber or
customer for whom the communications sought by the governmental
entity are maintained, and that there is not a reason to believe
that the communications sought are relevant to a legitimate law
enforcement inquiry, or that there has not been substantial
compliance with the provisions of this chapter, it shall order
the process quashed.
(5) A court order denying a motion or application under this
section shall not be deemed a final order and no interlocutory
appeal may be taken therefrom by the customer.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1863.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 202 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 202
of Pub.L. 99-508, set out as a note under section 2701 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2704
18 USCA § 2704
go to table of contents
§ 2705. Delayed notice
(a) Delay of notification.--(1) A governmental entity acting
under section 2703(b) of this title may--
(A) where a court order is sought, include in the application
a request, which the court shall grant, for an order delaying the
notification required under section 2703(b) of this title for a
period not to exceed ninety days, if the court determines that
there is reason to believe that notification of the existence of
the court order may have an adverse result described in paragraph
(2) of this subsection; or
(B) where an administrative subpoena authorized by a Federal
or State statute or a Federal or State grand jury subpoena is
obtained, delay the notification required under section 2703(b)
of this title for a period not to exceed ninety days upon the
execution of a written certification of a supervisory official
that there is reason to believe that notification of the
existence of the subpoena may have an adverse result described in
paragraph (2) of this subsection.
(2) An adverse result for the purposes of paragraph (1) of
this subsection is--
(A) endangering the life or physical safety of an individual;
(B) flight from prosecution;
(C) destruction of or tampering with evidence;
(D) intimidation of potential witnesses; or
(E) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
(3) The governmental entity shall maintain a true copy of
certification under paragraph (1)(B).
(4) Extensions of the delay of notification provided in
section 2703 of up to ninety days each may be granted by the
court upon application, or by certification by a governmental
entity, but only in accordance with subsection (b) of this
section.
(5) Upon expiration of the period of delay of notification
under paragraph (1) or (4) of this subsection, the governmental
entity shall serve upon, or deliver by registered or first-class
mail to, the customer or subscriber a copy of the process or
request together with notice that--
(A) states with reasonable specificity the nature of the law
enforcement inquiry; and
(B) informs such customer or subscriber--
(i) that information maintained for such customer or
subscriber by the service provider named in such process or
request was supplied to or requested by that governmental
authority and the date on which the supplying or request took
place;
(ii) that notification of such customer or subscriber was
delayed;
(iii) what governmental entity or court made the certification
or determination pursuant to which that delay was made; and
(iv) which provision of this chapter allowed such delay.
(6) As used in this subsection, the term "supervisory
official" means the investigative agent in charge or
assistant investigative agent in charge or an equivalent of an
investigating agency's headquarters or regional office, or the
chief prosecuting attorney or the first assistant prosecuting
attorney or an equivalent of a prosecuting attorney's
headquarters or regional office.
(b) Preclusion of notice to subject of governmental access.--A
governmental entity acting under section 2703, when it is not
required to notify the subscriber or customer under section
2703(b)(1), or to the extent that it may delay such notice
pursuant to subsection (a) of this section, may apply to a court
for an order commanding a provider of electronic communications
service or remote computing service to whom a warrant, subpoena,
or court order is directed, for such period as the court deems
appropriate, not to notify any other person of the existence of
the warrant, subpoena, or court order. The court shall enter such
an order if it determines that there is reason to believe that
notification of the existence of the warrant, subpoena, or court
order will result in--
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or
(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1864.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 202 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 202
of Pub.L. 99-508, set out as a note under section 2701 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2705
18 USCA § 2705
go to table of contents
§ 2706. Cost reimbursement
(a) Payment.--Except as otherwise provided in subsection (c),
a governmental entity obtaining the contents of communications,
records, or other information under section 2702, 2703, or 2704
of this title shall pay to the person or entity assembling or
providing such information a fee for reimbursement for such costs
as are reasonably necessary and which have been directly incurred
in searching for, assembling, reproducing, or otherwise providing
such information. Such reimbursable costs shall include any costs
due to necessary disruption of normal operations of any
electronic communication service or remote computing service in
which such information may be stored.
(b) Amount.--The amount of the fee provided by subsection (a)
shall be as mutually agreed by the governmental entity and the
person or entity providing the information, or, in the absence of
agreement, shall be as determined by the court which issued the
order for production of such information (or the court before
which a criminal prosecution relating to such information would
be brought, if no court order was issued for production of the
information).
(c) Exception.-- The requirement of subsection (a) of this
section does not apply with respect to records or other
information maintained by a communications common carrier that
relate to telephone toll records and telephone listings obtained
under section 2703 of this title. The court may, however, order a
payment as described in subsection (a) if the court determines
the information required is unusually voluminous in nature or
otherwise caused an undue burden on the provider.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1866, and amended Pub.L. 100-690, Title VII, § 7061, Nov.
18, 1988, 102 Stat. 4404.)
HISTORICAL AND STATUTORY NOTES
1988 Amendment
Subsec. (c). Pub.L. 100-690, § 7061, "Exception.--The
requirement" for "The requirement".
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 202 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 202
of Pub.L. 99-508, set out as a note under section 2701 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-659, see 1986
U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690,
1988 U.S.Code Cong. and Adm.News, p. 5937.
ANNOTATIONS
NOTES OF DECISIONS
Purpose 1
Review 2
1. Purpose
Congress did not intend that service providers be compensated
by government for costs of compliance with routine requests for
toll or subscriber information. Michigan Bell Telephone Co. v.
Drug Enforcement Admin., E.D.Mich.1988, 693 F.Supp. 542.
2. Review
Telephone company could not maintain action under the
Electronic Communications Privacy Act to determine whether
aggregate level of requests for toll and subscribers' account
records by the Drug Enforcement Administration had been so
burdensome or voluminous that adoption of blanket reimbursement
schedule was appropriate; the Act did not provide for judicial
review of such magnitude, but rather, limited judicial review to
challenges made either before or after compliance with specific
information request. Michigan Bell Telephone Co. v. Drug
Enforcement Admin., E.D.Mich.1988, 693 F.Supp. 542.
18 U.S.C.A. § 2706
18 USCA § 2706
go to table of contents
§ 2707. Civil action
(a) Cause of action.--Except as provided in section 2703(e),
any provider of electronic communication service, subscriber, or
customer aggrieved by any violation of this chapter in which the
conduct constituting the violation is engaged in with a knowing
or intentional state of mind may, in a civil action, recover from
the person or entity which engaged in that violation such relief
as may be appropriate.
(b) Relief.--In a civil action under this section, appropriate
relief includes--
(1) such preliminary and other equitable or declaratory relief
as may be appropriate;
(2) damages under subsection (c); and
(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
(c) Damages.--The court may assess as damages in a civil
action under this section the sum of the actual damages suffered
by the plaintiff and any profits made by the violator as a result
of the violation, but in no case shall a person entitled to
recover receive less than the sum of $1,000.
(d) Defense.--A good faith reliance on--
(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer
under section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) of this
title permitted the conduct complained of;
is a complete defense to any civil or criminal action brought
under this chapter or any other law.
(e) Limitation.--A civil action under this section may not be
commenced later than two years after the date upon which the
claimant first discovered or had a reasonable opportunity to
discover the violation.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1866.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 202 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 202
of Pub.L. 99-508, set out as a note under section 2701 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2707
18 USCA § 2707
go to table of contents
§ 2708. Exclusivity of remedies
The remedies and sanctions described in this chapter are the
only judicial remedies and sanctions for nonconstitutional
violations of this chapter.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1867.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 202 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 202
of Pub.L. 99-508, set out as a note under section 2701 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2708
18 USCA § 2708
go to table of contents
§ 2709. Counterintelligence access to
telephone toll and transactional records
(a) Duty to provide.--A wire or electronic communication
service provider shall comply with a request for subscriber
information and toll billing records information, or electronic
communication transactional records in its custody or possession
made by the Director of the Federal Bureau of Investigation under
subsection (b) of this section.
(b) Required certification.--The Director of the Federal
Bureau of Investigation (or an individual within the Federal
Bureau of Investigation designated for this purpose by the
Director) may request any such information and records if the
Director (or the Director's designee) certifies in writing to the
wire or electronic communication service provider to which the
request is made that--
(1) the information sought is relevant to an authorized
foreign counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to
believe that the person or entity to whom the information sought
pertains is a foreign power or an agent of a foreign power as
defined in section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801).
(c) Prohibition of certain disclosure.--No wire or electronic
communication service provider, or officer, employee, or agent
thereof, shall disclose to any person that the Federal Bureau of
Investigation has sought or obtained access to information or
records under this section.
(d) Dissemination by bureau.--The Federal Bureau of
Investigation may disseminate information and records obtained
under this section only as provided in guidelines approved by the
Attorney General for foreign intelligence collection and foreign
counterintelligence investigations conducted by the Federal
Bureau of Investigation, and, with respect to dissemination to an
agency of the United States, only if such information is clearly
relevant to the authorized responsibilities of such agency.
(e) Requirement that certain congressional bodies be
informed.--On a semiannual basis the Director of the Federal
Bureau of Investigation shall fully inform the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate concerning all
requests made under subsection (b) of this section.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title II, § 201, Oct. 21, 1986, 100
Stat. 1867.)
HISTORICAL AND STATUTORY NOTES
References in Text
Section 101 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801), referred to in subsec. (b), is classified
to section 1801 of Title 50, War and National Defense.
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 202 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 202
of Pub.L. 99-508, set out as a note under section 2701 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
18 U.S.C.A. § 2709
18 USCA § 2709
go to table of contents
§ 2710. Wrongful disclosure of video
tape rental or sale records
(a) Definitions.--For purposes of this section--
(1) the term "consumer" means any renter, purchaser,
or subscriber of goods or services from a video tape service
provider;
(2) the term "ordinary course of business" means
only debt collection activities, order fulfillment, request
processing, and the transfer of ownership;
(3) the term "personally identifiable information"
includes information which identifies a person as having
requested or obtained specific video materials or services from a
video tape service provider; and
(4) the term "video tape service provider" means any
person, engaged in the business, in or affecting interstate or
foreign commerce, of rental, sale, or delivery of prerecorded
video cassette tapes or similar audio visual materials, or any
person or other entity to whom a disclosure is made under
subparagraph (D) or (E) of subsection (b)(2), but only with
respect to the information contained in the disclosure.
(b) Video tape rental and sale records.--(1) A video tape
service provider who knowingly discloses, to any person,
personally identifiable information concerning any consumer of
such provider shall be liable to the aggrieved person for the
relief provided in subsection (d).
(2) A video tape service provider may disclose personally
identifiable information concerning any consumer--
(A) to the consumer;
(B) to any person with the informed, written consent of the
consumer given at the time the disclosure is sought;
(C) to a law enforcement agency pursuant to a warrant issued
under the Federal Rules of Criminal Procedure, an equivalent
State warrant, a grand jury subpoena, or a court order;
(D) to any person if the disclosure is solely of the names and
addresses of consumers and if--
(i) the video tape service provider has provided the consumer
with the opportunity, in a clear and conspicuous manner, to
prohibit such disclosure; and
(ii) the disclosure does not identify the title, description,
or subject matter of any video tapes or other audio visual
material; however, the subject matter of such materials may be
disclosed if the disclosure is for the exclusive use of marketing
goods and services directly to the consumer;
(E) to any person if the disclosure is incident to the
ordinary course of business of the video tape service provider;
or
(F) pursuant to a court order, in a civil proceeding upon a
showing of compelling need for the information that cannot be
accommodated by any other means, if--
(i) the consumer is given reasonable notice, by the person
seeking the disclosure, of the court proceeding relevant to the
issuance of the court order; and
(ii) the consumer is afforded the opportunity to appear and
contest the claim of the person seeking the disclosure.
If an order is granted pursuant to subparagraph (C) or (F),
the court shall impose appropriate safeguards against
unauthorized disclosure.
(3) Court orders authorizing disclosure under subparagraph (C)
shall issue only with prior notice to the consumer and only if
the law enforcement agency shows that there is probable cause to
believe that the records or other information sought are relevant
to a legitimate law enforcement inquiry. In the case of a State
government authority, such a court order shall not issue if
prohibited by the law of such State. A court issuing an order
pursuant to this section, on a motion made promptly by the video
tape service provider, may quash or modify such order if the
information or records requested are unreasonably voluminous in
nature or if compliance with such order otherwise would cause an
unreasonable burden on such provider.
(c) Civil action.--(1) Any person aggrieved by any act of a
person in violation of this section may bring a civil action in a
United States district court.
(2) The court may award--
(A) actual damages but not less than liquidated damages in an
amount of $2,500;
(B) punitive damages;
(C) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
(D) such other preliminary and equitable relief as the court
determines to be appropriate.
(3) No action may be brought under this subsection unless such
action is begun within 2 years from the date of the act
complained of or the date of discovery.
(4) No liability shall result from lawful disclosure permitted
by this section.
(d) Personally identifiable information.--Personally
identifiable information obtained in any manner other than as
provided in this section shall not be received in evidence in any
trial, hearing, arbitration, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body,
legislative committee, or other authority of the United States, a
State, or a political subdivision of a State.
(e) Destruction of old records.--A person subject to this
section shall destroy personally identifiable information as soon
as practicable, but no later than one year from the date the
information is no longer necessary for the purpose for which it
was collected and there are no pending requests or orders for
access to such information under subsection (b)(2) or (c)(2) or
pursuant to a court order.
(f) Preemption.--The provisions of this section preempt only
the provisions of State or local law that require disclosure
prohibited by this section.
1993 Supplemental Credit(s)
(Added Pub.L. 100-618, § 2(a)(1), (2), Nov. 5, 1988, 102
Stat. 3195.)
ANNOTATIONS
NOTES OF DECISIONS
State regulation or control 1
1. State regulation or control
Federal Videotape Privacy Protection Act did not, on its face,
preempt city ordinance regulating physical layout of
adult-oriented establishments; ordinance did not require or
regulate disclosure of customer viewing records which was subject
of federal law. City News and Novelty, Inc. v. City of Waukesha,
1992, 487 N.W.2d 316, 170 Wis.2d 14, review denied 491 N.W.2d
768.
18 U.S.C.A. § 2710
18 USCA § 2710
go to table of contents
§ 3117. Mobile tracking devices
(a) In general.--If a court is empowered to issue a warrant or
other order for the installation of a mobile tracking device,
such order may authorize the use of that device within the
jurisdiction of the court, and outside that jurisdiction if the
device is installed in that jurisdiction.
(b) Definition.--As used in this section, the term
"tracking device" means an electronic or mechanical
device which permits the tracking of the movement of a person or
object.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title I, § 108(a), Oct. 21, 1986, 100
Stat. 1858.)
HISTORICAL AND STATUTORY NOTES
Prior Provisions
Another section 3117 of this title, as added Pub.L. 100-690,
§ 6477(b)(1), was renumbered section 3118 of this title.
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 111 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 111
of Pub.L. 99-508, set out as a note under section 2510 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
LIBRARY REFERENCES
Automobiles k144.1(1.10).
Searches and Seizures k21.
WESTLAW Topic No. 48A.
C.J.S. Motor Vehicles § 164.1.
C.J.S. Searches and Seizures ss 1 et seq., 18 et seq.
18 U.S.C.A. § 3117
18 USCA § 3117
go to table of contents
§ 3121. General prohibition on pen
register and trap and trace device use; exception
(a) In general.--Except as provided in this section, no person
may install or use a pen register or a trap and trace device
without first obtaining a court order under section 3123 of this
title or under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.).
(b) Exception.--The prohibition of subsection (a) does not
apply with respect to the use of a pen register or a trap and
trace device by a provider of electronic or wire communication
service--
(1) relating to the operation, maintenance, and testing of a
wire or electronic communication service or to the protection of
the rights or property of such provider, or to the protection of
users of that service from abuse of service or unlawful use of
service; or
(2) to record the fact that a wire or electronic communication
was initiated or completed in order to protect such provider,
another provider furnishing service toward the completion of the
wire communication, or a user of that service, from fraudulent,
unlawful or abusive use of service; or (3) where the consent of
the user of that service has been obtained.
(c) Penalty.--Whoever knowingly violates subsection (a) shall
be fined under this title or imprisoned not more than one year,
or both.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title III, § 301(a), Oct. 21, 1986, 100
Stat. 1868.)
HISTORICAL AND STATUTORY NOTES
References in Text
The Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et
seq.), referred to in subsec. (a), is Pub.L. 95-511, Oct. 25,
1978, 92 Stat. 1783, as amended, which is classified generally to
chapter 36 (section 1801 et seq.) of Title 50, War and National
Defense.
Effective Date
Pub.L. 99-508, Title III, § 302, Oct. 21, 1986, 100 Stat.
1872, provided that:
"(a) In general.--Except as provided in subsection (b),
this title and the amendments made by this title [enacting this
chapter and section 1367 of this title] shall take effect ninety
days after the date of the enactment of this Act [Oct. 21, 1986]
and shall, in the case of conduct pursuant to a court order or
extension, apply only with respect to court orders or extensions
made after this title takes effect.
"(b) Special rule for state authorizations of
interceptions.--Any pen register or trap and trace device order
or installation which would be valid and lawful without regard to
the amendments made by this title [enacting this chapter and
section 1367 of this title] shall be valid and lawful
notwithstanding such amendments if such order or installation
occurs during the period beginning on the date such amendments
take effect and ending on the earlier of--
"(1) the day before the date of the taking effect of
changes in State law required in order to make orders or
installations under Federal law as amended by this title; or
"(2) the date two years after the date of the enactment
of this Act [Oct. 21, 1986]."
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
LIBRARY REFERENCES
Telecommunications k493.
C.J.S. Telegraphs, Telephones, Radio, and Television ss 122,
287.
18 U.S.C.A. § 3121
18 USCA § 3121
go to table of contents
§ 3122. Application for an order for a
pen register or a trap and trace device
(a) Application.--(1) An attorney for the Government may make
application for an order or an extension of an order under
section 3123 of this title authorizing or approving the
installation and use of a pen register or a trap and trace device
under this chapter, in writing under oath or equivalent
affirmation, to a court of competent jurisdiction.
(2) Unless prohibited by State law, a State investigative or
law enforcement officer may make application for an order or an
extension of an order under section 3123 of this title
authorizing or approving the installation and use of a pen
register or a trap and trace device under this chapter, in
writing under oath or equivalent affirmation, to a court of
competent jurisdiction of such State.
(b) Contents of application.--An application under subsection
(a) of this section shall include--
(1) the identity of the attorney for the Government or the
State law enforcement or investigative officer making the
application and the identity of the law enforcement agency
conducting the investigation; and
(2) a certification by the applicant that the information
likely to be obtained is relevant to an ongoing criminal
investigation being conducted by that agency.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title III, § 301(a), Oct. 21, 1986, 100
Stat. 1869.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 302 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 302
of Pub.L. 99-508, set out as a note under section 3121 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
LAW REVIEW COMMENTARIES
Pretrial detention under the Bail Reform Act of 1984: An
empirical analysis. Thomas E. Scott, 27 Am.Crim.L.Rev. 1 (1989).
LIBRARY REFERENCES
Telecommunications k493.
C.J.S. Telegraphs, Telephones, Radio, and Television ss 122,
287.
ANNOTATIONS
NOTES OF DECISIONS
Jurisdiction 1
1. Jurisdiction
New York magistrate had jurisdiction to order installation of
pen registers on telephones in New Jersey. U.S. v. Rodriguez,
S.D.N.Y.1990, 734 F.Supp. 116, affirmed 968 F.2d 130, certiorari
denied 113 S.Ct. 139, 140, 121 L.Ed.2d 92, certiorari denied 113
S.Ct. 663, 121 L.Ed.2d 588.
18 U.S.C.A. § 3122
18 USCA § 3122
go to table of contents
§ 3123. Issuance of an order for a pen
register or a trap and trace device
(a) In general.--Upon an application made under section 3122
of this title, the court shall enter an ex parte order
authorizing the installation and use of a pen register or a trap
and trace device within the jurisdiction of the court if the
court finds that the attorney for the Government or the State law
enforcement or investigative officer has certified to the court
that the information likely to be obtained by such installation
and use is relevant to an ongoing criminal investigation.
(b) Contents of order.--An order issued under this section--
(1) shall specify--
(A) the identity, if known, of the person to whom is leased or
in whose name is listed the telephone line to which the pen
register or trap and trace device is to be attached;
(B) the identity, if known, of the person who is the subject
of the criminal investigation;
(C) the number and, if known, physical location of the
telephone line to which the pen register or trap and trace device
is to be attached and, in the case of a trap and trace device,
the geographic limits of the trap and trace order; and
(D) a statement of the offense to which the information likely
to be obtained by the pen register or trap and trace device
relates; and
(2) shall direct, upon the request of the applicant, the
furnishing of information, facilities, and technical assistance
necessary to accomplish the installation of the pen register or
trap and trace device under section 3124 of this title.
(c) Time period and extensions.--(1) An order issued under
this section shall authorize the installation and use of a pen
register or a trap and trace device for a period not to exceed
sixty days.
(2) Extensions of such an order may be granted, but only upon
an application for an order under section 3122 of this title and
upon the judicial finding required by subsection (a) of this
section. The period of extension shall be for a period not to
exceed sixty days.
(d) Nondisclosure of existence of pen register or a trap and
trace device.--An order authorizing or approving the installation
and use of a pen register or a trap and trace device shall direct
that--
(1) the order be sealed until otherwise ordered by the court;
and
(2) the person owning or leasing the line to which the pen
register or a trap and trace device is attached, or who has been
ordered by the court to provide assistance to the applicant, not
disclose the existence of the pen register or trap and trace
device or the existence of the investigation to the listed
subscriber, or to any other person, unless or until otherwise
ordered by the court.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title III, § 301(a), Oct. 21, 1986, 100
Stat. 1869.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 302 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 302
of Pub.L. 99-508, set out as a note under section 3121 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555.
LIBRARY REFERENCES
Telecommunications k493.
C.J.S. Telegraphs, Telephones, Radio, and Television ss 122,
287.
ANNOTATIONS
NOTES OF DECISIONS
Constitutionality 1
Jurisdiction 2
1. Constitutionality
Statutory requirement of judicial review in connection with
pen register and trace requests did not subject courts to
discretion of the Executive in violation of constitutional
separation of powers provision. U.S. v. Hallmark, C.A.10 (Okl.)
1990, 911 F.2d 399.
2. Jurisdiction
District judge in Southern District of New York had
jurisdiction to authorize Government's use of pen registers to
monitor telephones in Brooklyn and Maryland where the pen
registers in both instances were "installed and used"
in New York. U.S. v. Burford, S.D.N.Y.1991, 755 F.Supp. 607.
18 U.S.C.A. § 3123
18 USCA § 3123
§ 3124. Assistance in installation and
use of a pen register or a trap and trace device
(a) Pen registers.--Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized
to install and use a pen register under this chapter, a provider
of wire or electronic communication service, landlord, custodian,
or other person shall furnish such investigative or law
enforcement officer forthwith all information, facilities, and
technical assistance necessary to accomplish the installation of
the pen register unobtrusively and with a minimum of interference
with the services that the person so ordered by the court accords
the party with respect to whom the installation and use is to
take place, if such assistance is directed by a court order as
provided in section 3123(b)(2) of this title.
(b) Trap and trace device.--Upon the request of an attorney
for the Government or an officer of a law enforcement agency
authorized to receive the results of a trap and trace device
under this chapter, a provider of a wire or electronic
communication service, landlord, custodian, or other person shall
install such device forthwith on the appropriate line and shall
furnish such investigative or law enforcement officer all
additional information, facilities and technical assistance
including installation and operation of the device unobtrusively
and with a minimum of interference with the services that the
person so ordered by the court accords the party with respect to
whom the installation and use is to take place, if such
installation and assistance is directed by a court order as
provided in section 3123(b)(2) of this title. Unless otherwise
ordered by the court, the results of the trap and trace device
shall be furnished, pursuant to section 3123(b) or section 3125
of this title, to the officer of a law enforcement agency,
designated in the court order, at reasonable intervals during
regular business hours for the duration of the order.
(c) Compensation.--A provider of a wire or electronic
communication service, landlord, custodian, or other person who
furnishes facilities or technical assistance pursuant to this
section shall be reasonably compensated for such reasonable
expenses incurred in providing such facilities and assistance.
(d) No cause of action against a provider disclosing
information under this chapter.--No cause of action shall lie in
any court against any provider of a wire or electronic
communication service, its officers, employees, agents, or other
specified persons for providing information, facilities, or
assistance in accordance with the terms of a court order under
this chapter or request pursuant to section 3125 of this title.
(e) Defense.--A good faith reliance on a court order under
this chapter, a request pursuant to section 3125 of this title, a
legislative authorization, or a statutory authorization is a
complete defense against any civil or criminal action brought
under this chapter or any other law.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title III, § 301(a), Oct. 21, 1986, 100
Stat. 1870; and amended Pub.L. 100-690, Title VII, ss 7040,
7092(b), (d), Nov. 18, 1988, 102 Stat. 4399, 4411; Pub.L.
101-647, Title XXXV, § 3575, Nov. 29, 1990, 104 Stat. 4929.)
HISTORICAL AND STATUTORY NOTES
1990 Amendment
Subsec. (b). Pub.L. 101-647 substituted "section
3123(b)" for "subsection 3123(b)".
1988 Amendment
Subsec. (b). Pub.L. 100-690, § 7092(d), added ",
pursuant to subsection 3123(b) or section 3125 of this
title," following "shall be furnished".
Pub.L. 100-690, § 7040, substituted "designated in the
court order," for "designated in the court,".
Subsec. (d). Pub.L. 100-690, § 7092(b)(1), added "or
request pursuant to section 3125 of this title" following
"under this chapter".
Subsec. (e). Pub.L. 100-690, § 7092(b)(2), added "under
this chapter, a request pursuant to section 3125 of this
title" following "a court order".
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 302 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 302
of Pub.L. 99-508, set out as a note under section 3121 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690,
1988 U.S.Code Cong. and Adm.News, p. 5937; Pub.L. 101-647, 1990
U.S.Code Cong. and Adm.News, p. 6472.
LIBRARY REFERENCES
Telecommunications k493.
C.J.S. Telegraphs, Telephones, Radio, and Television ss 122,
287.
18 U.S.C.A. § 3124
18 USCA § 3124
go to table of contents
§ 3125. Emergency pen register and trap
and trace device installation
(a) Notwithstanding any other provision of this chapter, any
investigative or law enforcement officer, specially designated by
the Attorney General, the Deputy Attorney General, the Associate
Attorney General, any Assistant Attorney General, any acting
Assistant Attorney General, or any Deputy Assistant Attorney
General, or by the principal prosecuting attorney of any State or
subdivision thereof acting pursuant to a statute of that State,
who reasonably determines that--
(1) an emergency situation exists that involves--
(A) immediate danger of death or serious bodily injury to any
person; or
(B) conspiratorial activities characteristic of organized
crime,
that requires the installation and use of a pen register or a
trap and trace device before an order authorizing such
installation and use can, with due diligence, be obtained, and
(2) there are grounds upon which an order could be entered
under this chapter to authorize such installation and use
"may have installed and use a pen register or trap and trace
device if, within forty-eight hours after the installation has
occurred, or begins to occur, an order approving the installation
or use is issued in accordance with section 3123 of this
title." [FN1PP]
(b) In the absence of an authorizing order, such use shall
immediately terminate when the information sought is obtained,
when the application for the order is denied or when forty-eight
hours have lapsed since the installation of the pen register or
trap and trace device, whichever is earlier.
(c) The knowing installation or use by any investigative or
law enforcement officer of a pen register or trap and trace
device pursuant to subsection (a) without application for the
authorizing order within forty- eight hours of the installation
shall constitute a violation of this chapter.
(d) A provider for a wire or electronic service, landlord,
custodian, or other person who furnished facilities or technical
assistance pursuant to this section shall be reasonably
compensated for such reasonable expenses incurred in providing
such facilities and assistance.
1993 Supplemental Credit(s)
(Added Pub.L. 100-690, Title VII, § 7092(a)(2), Nov. 18,
1988, 102 Stat. 4410.)
[FN1PP] So in original. Quoted material probably should not
appear.
HISTORICAL AND STATUTORY NOTES
Prior Provisions
A prior section 3125 was renumbered section 3126 by Pub.L.
100-690, Title VII, § 7029(a)(1), Nov. 18, 1988, 102 Stat. 4410.
Legislative History
For legislative history and purpose of Pub.L. 100-690, see
1988 U.S.Code Cong. and Adm. News, p. 5937.
LIBRARY REFERENCES
Telecommunications k493.
WESTLAW Topic No. 372.
C.J.S. Telegraphs, Telephones, Radio, and Television ss 122,
287.
18 U.S.C.A. § 3125
18 USCA § 3125
go to table of contents
§ 3126. Reports concerning pen registers
and trap and trace devices
The Attorney General shall annually report to Congress on the
number of pen register orders and orders for trap and trace
devices applied for by law enforcement agencies of the Department
of Justice.
1993 Supplemental Credit(s)
(Added Pub.L. 99-508, Title III, § 301(a), Oct. 21, 1986, 100
Stat. 1871, § 3125, and renumbered § 3126, Pub.L. 100-690,
Title VII, § 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 302 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 302
of Pub.L. 99-508 set out as a note under section 3121 of this
title.
Prior Provisions
A prior section 3126 was renumbered section 3127 by Pub.L.
100-690, Title VII, § 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690,
1988 U.S.Code Cong. and Adm.News, p. 5937.
LIBRARY REFERENCES
Telecommunications k493.
C.J.S. Telegraphs, Telephones, Radio, and Television ss 122,
287.
18 U.S.C.A. § 3126
18 USCA § 3126
§ 3127. Definitions for chapter
As used in this chapter--
(1) the terms "wire communication", "electronic
communication", and "electronic communication
service" have the meanings set forth for such terms in
section 2510 of this title;
(2) the term "court of competent jurisdiction"
means--
(A) a district court of the United States (including a
magistrate of such a court) or a United States Court of Appeals;
or
(B) a court of general criminal jurisdiction of a State
authorized by the law of that State to enter orders authorizing
the use of a pen register or a trap and trace device;
(3) the term "pen register" means a device which
records or decodes electronic or other impulses which identify
the numbers dialed or otherwise transmitted on the telephone line
to which such device is attached, but such term does not include
any device used by a provider or customer of a wire or electronic
communication service for billing, or recording as an incident to
billing, for communications services provided by such provider or
any device used by a provider or customer of a wire communication
service for cost accounting or other like purposes in the
ordinary course of its business;
(4) the term "trap and trace device" means a device
which captures the incoming electronic or other impulses which
identify the originating number of an instrument or device from
which a wire or electronic communication was transmitted;
(5) the term "attornefor the Government" has the
meaning given such term for the purposes of the Federal Rules of
Criminal Procedure; and
(6) the term "State" means a State, the District of
Columbia, Puerto Rico, and any other possession or territory of
the United States.
1994 Pocket Part Credit(s)
(Added Pub.L. 99-508, Title III, § 301(a), Oct. 21, 1986, 100
Stat. 1871, § 3126, and renumbered § 3127, Pub.L. 100-690,
Title VII, § 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.)
HISTORICAL AND STATUTORY NOTES
Effective Date
Section effective 90 days after Oct. 21, 1986 except as
otherwise provided in section 302 of Pub.L. 99- 508 with respect
to conduct pursuant to court order or extension, see section 302
of Pub.L. 99-508, set out as a note under section 3121 of this
title.
Legislative History
For legislative history and purpose of Pub.L. 99-508, see 1986
U.S.Code Cong. and Adm.News, p. 3555. See, also, Pub.L. 100-690,
1988 U.S.Code Cong. and Adm.News, p. 5937.
18 U.S.C.A. § 3127
18 USCA § 3127