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Electronic Communications Privacy
Act
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Electronic Communications Privacy
Act, full text. Revised 02/21/94
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The Electronic Communications Privacy Act,
including all amendments to the original Wiretap
Act (18 USC 2510 et seq.), the complete chapter
on stored communications (18 USC 2701 et seq.),
and the amendments to pen-register and trap-and-trace
procedures (18 USC 3121 et seq.)
Special thanks to the Electronic Frontier
Foundation for this information
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TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I. CRIMES
CHAPTER 119. WIRE AND ELECTRONIC
COMMUNICATIONS INTERCEPTION AND INTERCEPTION
OF ORAL COMMUNICATIONS
Sec. 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 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;
(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.
Sec. 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 an 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 an
order or certification under this subparagraph,
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 or oral 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, oral, or electronic
communications may be conducted.
(g) It shall not be unlawful under this chapter
or chapter 121 of this title for any person--
(i) to intercept or access an electronic
communication made through an electronic communication
system that is configured so that such electronic
communication is readily accessible to the
general public;
(ii) to intercept any radio communication
which is transmitted--
(I) by any station for the use of the
general public, or that relates to ships,
aircraft, vehicles, or persons in distress;
(II) by any governmental, law enforcement,
civil defense, private land mobile, or
public safety communications system, including
police and fire, readily accessible to
the general public;
(III) by a station operating on an authorized
frequency within the bands allocated to
the amateur, citizens band, or general
mobile radio services; or
(IV) by any marine or aeronautical communications
system;
(iii) to engage in any conduct which--
(I) is prohibited by section 633 of the
Communications Act of 1934; or
(II) is excepted from the application
of section 705(a) of the Communications
Act of 1934 by section 705(b) of that
Act;
(iv) to intercept any wire or electronic
communication the transmission of which
is causing harmful interference to any lawfully
operating station or consumer electronic
equipment, to the extent necessary to identify
the source of such interference; or
(v) for other users of the same frequency
to intercept any radio communication made
through a system that utilizes frequencies
monitored by individuals engaged in the
provision or the use of such system, if
such communication is not scrambled or encrypted.
(h) It shall not be unlawful under this chapter--
(i) to use a pen register or a trap and
trace device (as those terms are defined
for the purposes of chapter 206 (relating
to pen registers and trap and trace devices)
of this title); or
(ii) for a provider of electronic communication
service to record the fact that a wire or
electronic communication was initiated or
completed in order to protect such provider,
another provider furnishing service toward
the completion of the wire or electronic
communication, or a user of that service,
from fraudulent, unlawful or abusive use
of such service.
(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.
Sec. 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 communication
service, or
(b) an officer, agent, or employee of, or
a person under contract with, the United States,
a State, or a political subdivision thereof,
in the normal course of the activities of
the United States, a State, or a political
subdivision thereof, to send through the mail,
send or carry in interstate or foreign commerce,
or manufacture, assemble, possess, or sell
any electronic, mechanical, or other device
knowing or having reason to know that the
design of such device renders it primarily
useful for the purpose of the surreptitious
interception of wire, oral, or electronic
communications.
Sec. 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.
[Sec. 2514. Repealed. Pub.L.
91-452, Title II, Sec. 227(a), Oct. 15, 1970,
84 Stat. 930]
Sec. 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.
Sec. 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), or 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 (i) or (n) of section
902 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;
(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 or oral 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 or oral communications by investigative
or law enforcement officers having responsibility
for the investigation of the offense as to
which the application is made, when such interception
may provide or has provided evidence of the
commission of the offense of murder, kidnapping,
gambling, robbery, bribery, extortion, or
dealing in narcotic drugs, marihuana or other
dangerous drugs, or other crime dangerous
to life, limb, or property, and punishable
by imprisonment for more than one year, designated
in any applicable State statute authorizing
such interception, or any conspiracy to commit
any of the foregoing offenses.
(3) Any attorney for the Government
(as such term is defined for the purposes
of the Federal Rules of Criminal Procedure)
may authorize an application to a Federal
judge of competent jurisdiction for, and such
judge may grant, in conformity with section
2518 of this title, an order authorizing or
approving the interception of electronic communications
by an investigative or law enforcement officer
having responsibility for the investigation
of the offense as to which the application
is made, when such interception may provide
or has provided evidence of any Federal felony.
Sec. 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.
Sec. 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.
Sec. 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 2518(1)(b)(ii) and 2518(3)(d)
of this title did not apply by reason of section
2518(11) of this title);
(c) the fact that the order or extension
was granted as applied for, was modified,
or was denied;
(d) the period of interceptions authorized
by the order, and the number and duration
of any extensions of the order;
(e) the offense specified in the order or
application, or extension of an order;
(f) the identity of the applying investigative
or law enforcement officer and agency making
the application and the person authorizing
the application; and
(g) the nature of the facilities from which
or the place where communications were to
be intercepted.
(2) In January of each year
the Attorney General, an Assistant Attorney
General specially designated by the Attorney
General, or the principal prosecuting attorney
of a State, or the principal prosecuting attorney
for any political subdivision of a State,
shall report to the Administrative Office
of the United States Courts--
(a) the information required by paragraphs
(a) through (g) of subsection (1) of this
section with respect to each application for
an order or extension made during the preceding
calendar year;
(b) a general description of the interceptions
made under such order or extension, including
(i) the approximate nature and frequency of
incriminating communications intercepted,
(ii) the approximate nature and frequency
of other communications intercepted, (iii)
the approximate number of persons whose communications
were intercepted, 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.
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