Contents:
-CITE- 18 USC CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS .
-HEAD- CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-MISC1- Sec. 2510. Definitions. 2511. Interception and disclosure of wire, oral, or electronic communications prohibited. 2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited. 2513. Confiscation of wire, oral, or electronic communication intercepting devices. (2514. Repealed.) 2515. Prohibition of use as evidence of intercepted wire or oral communications. 2516. Authorization for interception of wire, oral, or electronic communications. 2517. Authorization for disclosure and use of intercepted wire, oral, or electronic communications. 2518. Procedure for interception of wire, oral, or electronic communications. 2519. Reports concerning intercepted wire, oral, or electronic communications. 2520. Recovery of civil damages authorized. 2521. Injunction against illegal interception. 2522. Enforcement of the Communications Assistance for Law Enforcement Act. AMENDMENTS 1994 - Pub. L. 103-414, title II, Sec. 201(b)(3), Oct. 25, 1994, 108 Stat. 4290, added item 2522. 1988 - Pub. L. 100-690, title VII, Sec. 7035, Nov. 18, 1988, 102 Stat. 4398, substituted ''wire, oral, or electronic'' for ''wire or oral'' in items 2511, 2512, 2513, 2516, 2517, 2518, and 2519. 1986 - Pub. L. 99-508, title I, Sec. 101(c)(2), 110(b), Oct. 21, 1986, 100 Stat. 1851, 1859, inserted ''AND ELECTRONIC COMMUNICATIONS'' in chapter heading and added item 2521. 1970 - Pub. L. 91-452, title II, Sec. 227(b), Oct. 15, 1970, 84 Stat. 930, struck out item 2514 ''Immunity of witnesses'', which section was repealed four years following the sixtieth day after Oct. 15, 1970. 1968 - Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 212, added chapter 119 and items 2510 to 2520.
-SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1029, 2232 of this title; title 47 sections 605, 1008; title 50 section 1805.
-CITE- 18 USC Sec. 2510 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2510. Definitions
-STATUTE- As used in this chapter - (1) ''wire communication'' means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce and such term includes any electronic storage of such communication; (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) (FOOTNOTE 1) of title 47 of the United States Code; (FOOTNOTE 1) See References in Text note below. (11) ''aggrieved person'' means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed; (12) ''electronic communication'' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce, but does not include - (A) any wire or oral communication; (B) any communication made through a tone-only paging device; (C) any communication from a tracking device (as defined in section 3117 of this title); or (D) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds; (13) ''user'' means any person or entity who - (A) uses an electronic communication service; and (B) is duly authorized by the provider of such service to engage in such use; (14) ''electronic communications system'' means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of 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.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 212; amended Pub. L. 99-508, title I, Sec. 101(a), (c)(1)(A), (4), Oct. 21, 1986, 100 Stat. 1848, 1851; Pub. L. 103-414, title II, Sec. 202(a), 203, Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104-132, title VII, Sec. 731, Apr. 24, 1996, 110 Stat. 1303.)
-REFTEXT- REFERENCES IN TEXT Section 153 of title 47, referred to in par. (10), was subsequently amended, and section 153(h) no longer defines ''common carrier''. However, such term is defined elsewhere in that section.
-MISC2- AMENDMENTS 1996 - Par. (12)(D). Pub. L. 104-132, Sec. 731(1), added subpar. (D). Par. (16)(F). Pub. L. 104-132, Sec. 731(2), struck out subpar. (F) which read as follows: ''an electronic communication;''. 1994 - Par. (1). Pub. L. 103-414, Sec. 202(a)(1), struck out before semicolon at end '', but such term does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit''. Par. (12). Pub. L. 103-414, Sec. 202(a)(2), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: ''the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;''. Par. (16)(F). Pub. L. 103-414, Sec. 203, added subpar. (F). 1986 - Par. (1). Pub. L. 99-508, Sec. 101(a)(1), substituted ''any aural transfer'' for ''any communication'', inserted ''(including the use of such connection in a switching station)'' after ''reception'', struck out ''as a common carrier'' after ''person engaged'', and inserted ''or communications affecting interstate or foreign commerce and such term includes any electronic storage of such communication, but such term does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit'' before the semicolon at end. Par. (2). Pub. L. 99-508, Sec. 101(a)(2), inserted '', but such term does not include any electronic communication'' before the semicolon at end. Par. (4). Pub. L. 99-508, Sec. 101(a)(3), inserted ''or other'' after ''aural'' and '', electronic,'' after ''wire''. Par. (5). Pub. L. 99-508, Sec. 101(a)(4), (c)(1)(A), (4), substituted ''wire, oral, or electronic'' for ''wire or oral'' in introductory provisions, substituted ''provider of wire or electronic communication service'' for ''communications common carrier'' in subpars. (a)(i) and (ii), and inserted ''or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business'' before the semicolon in subpar. (a)(i). Par. (8). Pub. L. 99-508, Sec. 101(a)(5), (c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' and struck out ''identity of the parties to such communication or the existence,'' after ''concerning the''. Pars. (9)(b), (11). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral''. Pars. (12) to (18). Pub. L. 99-508, Sec. 101(a)(6), added pars. (12) to (18). EFFECTIVE DATE OF 1986 AMENDMENT Section 111 of title I of Pub. L. 99-508 provided that: ''(a) In General. - Except as provided in subsection (b) or (c), this title and the amendments made by this title (enacting sections 2521 and 3117 of this title, amending this section and sections 2232, 2511 to 2513, and 2516 to 2520 of this title, and enacting provisions set out as notes under this section) shall take effect 90 days after the date of the enactment of this Act (Oct. 21, 1986) and shall, in the case of conduct pursuant to a court order or extension, apply only with respect to court orders or extensions made after this title takes effect. ''(b) Special Rule for State Authorizations of Interceptions. - Any interception pursuant to section 2516(2) of title 18 of the United States Code which would be valid and lawful without regard to the amendments made by this title shall be valid and lawful notwithstanding such amendments if such interception occurs during the period beginning on the date such amendments take effect and ending on the earlier of - ''(1) the day before the date of the taking effect of State law conforming the applicable State statute with chapter 119 of title 18, United States Code, as so amended; or ''(2) the date two years after the date of the enactment of this Act (Oct. 21, 1986). ''(c) Effective Date for Certain Approvals by Justice Department Officials. - Section 104 of this Act (amending section 2516 of this title) shall take effect on the date of enactment of this Act (Oct. 21, 1986).'' SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-112, Sec. 1, Nov. 21, 1997, 111 Stat. 2273, provided that: ''This Act (amending section 2512 of this title) may be cited as the 'Law Enforcement Technology Advertisement Clarification Act of 1997'.'' SHORT TITLE OF 1986 AMENDMENT Section 1 of Pub. L. 99-508 provided that: ''This Act (enacting sections 1367, 2521, 2701 to 2710, 3117, and 3121 to 3126 of this title, amending sections 2232, 2511 to 2513, and 2516 to 2520 of this title, and enacting provisions set out as notes under this section and sections 2701 and 3121 of this title) may be cited as the 'Electronic Communications Privacy Act of 1986'.'' INTELLIGENCE ACTIVITIES Section 107 of Pub. L. 99-508 provided that: ''(a) In General. - Nothing in this Act or the amendments made by this Act (see Short Title of 1986 Amendment note above) constitutes authority for the conduct of any intelligence activity. ''(b) Certain Activities Under Procedures Approved by the Attorney General. - Nothing in chapter 119 or chapter 121 of title 18, United States Code, shall affect the conduct, by officers or employees of the United States Government in accordance with other applicable Federal law, under procedures approved by the Attorney General of activities intended to - ''(1) intercept encrypted or other official communications of United States executive branch entities or United States Government contractors for communications security purposes; ''(2) intercept radio communications transmitted between or among foreign powers or agents of a foreign power as defined by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); or ''(3) access an electronic communication system used exclusively by a foreign power or agent of a foreign power as defined by the Foreign Intelligence Surveillance Act of 1978.'' CONGRESSIONAL FINDINGS Section 801 of Pub. L. 90-351 provided that: ''On the basis of its own investigations and of published studies, the Congress makes the following findings: ''(a) Wire communications are normally conducted through the use of facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications. There has been extensive wiretapping carried on without legal sanctions, and without the consent of any of the parties to the conversation. Electronic, mechanical, and other intercepting devices are being used to overhear oral conversations made in private, without the consent of any of the parties to such communications. The contents of these communications and evidence derived therefrom are being used by public and private parties as evidence in court and administrative proceedings, and by persons whose activities affect interstate commerce. The possession, manufacture, distribution, advertising, and use of these devices are facilitated by interstate commerce. ''(b) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings, and to prevent the obstruction of interstate commerce, it is necessary for Congress to define on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized, to prohibit any unauthorized interception of such communications, and the use of the contents thereof in evidence in courts and administrative proceedings. ''(c) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice. ''(d) To safeguard the privacy of innocent persons, the interception of wire or oral communications where none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral communications should further be limited to certain major types of offenses and specific categories of crime with assurances that the interception is justified and that the information obtained thereby will not be misused.'' NATIONAL COMMISSION FOR THE REVIEW OF FEDERAL AND STATE LAWS RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE Section 804 of Pub. L. 90-351, as amended by Pub. L. 91-452, title XII, Sec. 1212, Oct. 15, 1970, 84 Stat. 961; Pub. L. 91-644, title VI, Sec. 20, Jan. 2, 1971, 84 Stat. 1892; Pub. L. 93-609, Sec. 1-4, Jan. 2, 1975, 88 Stat. 1972, 1973; Pub. L. 94-176, Dec. 23, 1975, 89 Stat. 1031, established a National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance, provided for its membership, Chairman, powers and functions, compensation and allowances, required the Commission to study and review the operation of the provisions of this chapter to determine their effectiveness and to submit interim reports and a final report to the President and to the Congress of its findings and recommendations on or before Apr. 30, 1976, and also provided for its termination sixty days after submission of the final report.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2711, 3127, 3504 of this title; title 15 section 1114; title 42 section 13032; title 47 section 1001.
-CITE- 18 USC Sec. 2511 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2511. Interception and disclosure of wire, oral, or electronic communications prohibited
-STATUTE- (1) Except as otherwise specifically provided in this chapter any person who - (a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when - (i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or (ii) such device transmits communications by radio, or interferes with the transmission of such communication; or (iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or (iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; (c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (d) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or (e)(i) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by sections 2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518 of this chapter, (ii) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, (iii) having obtained or received the information in connection with a criminal investigation, and (iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation, shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). (2)(a)(i) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. (ii) Notwithstanding any other law, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with - (A) a court order directing such assistance signed by the authorizing judge, or (B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this chapter, except as may otherwise be required by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any such disclosure, shall render such person liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order 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 or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire 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, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then - (i) if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication or a paging service communication, and the conduct is not that described in subsection (5), the offender shall be fined under this title or imprisoned not more than one year, or both; and (ii) if the communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication or a paging service communication, the offender shall be fined under this title. (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.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 213; amended Pub. L. 91-358, title II, Sec. 211(a), July 29, 1970, 84 Stat. 654; Pub. L. 95-511, title II, Sec. 201(a)-(c), Oct. 25, 1978, 92 Stat. 1796, 1797; Pub. L. 98-549, Sec. 6(b)(2), Oct. 30, 1984, 98 Stat. 2804; Pub. L. 99-508, title I, Sec. 101(b), (c)(1), (5), (6), (d), (f)((1)), 102, Oct. 21, 1986, 100 Stat. 1849, 1851-1853; Pub. L. 103-322, title XXXII, Sec. 320901, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2123, 2147; Pub. L. 103-414, title II, Sec. 202(b), 204, 205, Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104-294, title VI, Sec. 604(b)(42), Oct. 11, 1996, 110 Stat. 3509.)
-REFTEXT- REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, referred to in par. (2)(e), (f), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (Sec. 1801 et seq.) of Title 50, War and National Defense. Section 101 of the Foreign Intelligence Surveillance Act of 1978, referred to in par. (2)(a)(ii), (e), and (f), is classified to section 1801 of Title 50. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables. Sections 633, 705, and 706 of the Communications Act of 1934, referred to in par. (2)(e), (f), (g)(iii), are classified to sections 553, 605, and 606 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, respectively.
-MISC2- AMENDMENTS 1996 - Par. (1)(e)(i). Pub. L. 104-294 substituted ''sections 2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518 of this chapter'' for ''sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 of this subchapter''. 1994 - Par. (1)(e). Pub. L. 103-322, Sec. 320901, added par. (1)(e). Par. (2)(a)(i). Pub. L. 103-414, Sec. 205, inserted ''or electronic'' after ''transmission of a wire''. Par. (4)(b). Pub. L. 103-414, Sec. 204, in introductory provisions substituted '', encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then'' for ''or encrypted, then''. Par. (4)(b)(i). Pub. L. 103-414, Sec. 202(b)(1), inserted ''a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,'' after ''cellular telephone communication,''. Par. (4)(b)(ii). Pub. L. 103-414, Sec. 202(b)(2), inserted ''a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,'' after ''cellular telephone communication,''. Pub. L. 103-322, Sec. 330016(1)(G), substituted ''fined under this title'' for ''fined not more than $500''. 1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' in section catchline. Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (d)(1), (f)((1)), substituted ''intentionally'' for ''willfully'' in subpars. (a) to (d) and ''wire, oral, or electronic' for ''wire or oral'' wherever appearing in subpars. (a), (c), and (d), and in concluding provisions substituted ''shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5)'' for ''shall be fined not more than $10,000 or imprisoned not more than five years, or both''. Par. (2)(a)(i). Pub. L. 99-508, Sec. 101(c)(5), substituted ''a provider of wire or electronic communication service'' for ''any communication common carrier'' and ''of the provider of that service, except that a provider of wire communication service to the public'' for ''of the carrier of such communication: Provided, That said communication common carriers''. Par. (2)(a)(ii). Pub. L. 99-508, Sec. 101(b)(1), (c)(1)(A), (6), substituted ''providers of wire or electronic communication service'' for ''communication common carriers'', ''wire, oral, or electronic'' for ''wire or oral'', ''if such provider'' for ''if the common carrier'', ''provider of wire or electronic communication service'' for ''communication common carrier'' wherever appearing, ''such disclosure'' for ''violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof'', ''render such person liable'' for ''render the carrier liable'', and ''a court order or certification under this chapter'' for ''an order or certification under this subparagraph'' in two places. Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(B), inserted ''or electronic'' after ''wire''. Par. (2)(c). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral''. Par. (2)(d). Pub. L. 99-508, Sec. 101(b)(2), (c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' and struck out ''or for the purpose of committing any other injurious act'' after ''of any State''. Par. (2)(f). Pub. L. 99-508, Sec. 101(b)(3), inserted ''or chapter 121'' in two places and substituted ''foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means'' for ''foreign communications by a means''. Par. (2)(g), (h). Pub. L. 99-508, Sec. 101(b)(4), added subpars. (g) and (h). Par. (3). Pub. L. 99-508, Sec. 102, added par. (3). Pars. (4), (5). Pub. L. 99-508, Sec. 101(d)(2), added pars. (4) and (5). 1984 - Par. (2)(e). Pub. L. 98-549, Sec. 6(b)(2)(A), substituted ''section 705 or 706'' for ''section 605 or 606''. Par. (2)(f). Pub. L. 98-549, Sec. 6(b)(2)(B), substituted ''section 705'' for ''section 605''. 1978 - Par. (2)(a)(ii). Pub. L. 95-511, Sec. 201(a), substituted provisions authorizing communication common carriers etc., to provide information to designated persons, prohibiting disclosure of intercepted information, and rendering violators civilly liable for provision exempting communication common carriers from criminality for giving information to designated officers. Par. (2)(e), (f). Pub. L. 95-511, Sec. 201(b), added par. (2)(e) and (f). Par. (3). Pub. L. 95-511, Sec. 201(c), struck out par. (3) which provided that nothing in this chapter or section 605 of title 47 limited the President's constitutional power to gather necessary intelligence to protect the national security and stated the conditions necessary for the reception into evidence and disclosure of communications intercepted by the President. 1970 - Par. (2)(a). Pub. L. 91-358 designated existing provisions as cl. (i) and added cl. (ii). EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note under section 13 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as a note under section 2510 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as specifically provided, see section 401 of Pub. L. 95-511, set out as an Effective Date note under section 1801 of Title 50, War and National Defense. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 901(a) of Pub. L. 91-358.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2513, 2516, 2520, 2702, 2707 of this title.
-CITE- 18 USC Sec. 2512 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
-STATUTE- (1) Except as otherwise specifically provided in this chapter, any person who intentionally - (a) sends through the mail, or sends or carries in interstate or foreign commerce, any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; (b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, and that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or (c) places in any newspaper, magazine, handbill, or other publication 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 under this title or imprisoned not more than five years, or both. (2) It shall not be unlawful under this section for - (a) a provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service, or (b) an officer, agent, or employee of, or a person under contract with, the United States, a State, or a political subdivision thereof, in the normal course of the activities of the United States, a State, or a political subdivision thereof, to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications. (3) It shall not be unlawful under this section to advertise for sale a device described in subsection (1) of this section if the advertisement is mailed, sent, or carried in interstate or foreign commerce solely to a domestic provider of wire or electronic communication service or to an agency of the United States, a State, or a political subdivision thereof which is duly authorized to use such device.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 214; amended Pub. L. 99-508, title I, Sec. 101(c)(1)(A), (7), (f)(2), Oct. 21, 1986, 100 Stat. 1851, 1853; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), 330022, Sept. 13, 1994, 108 Stat. 2147, 2150; Pub. L. 104-294, title VI, Sec. 604(b)(45), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 105-112, Sec. 2, Nov. 21, 1997, 111 Stat. 2273.)
-MISC1- AMENDMENTS 1997 - Par. (3). Pub. L. 105-112 added par. (3). 1996 - Par. (2). Pub. L. 104-294 amended directory language of Pub. L. 103-322, Sec. 330022. See 1994 Amendment note below. 1994 - Par. (1). Pub. L. 103-322, Sec. 330016(1)(L), substituted ''fined under this title'' for ''fined not more than $10,000'' in concluding provisions. Par. (2). Pub. L. 103-322, Sec. 330022, as amended by Pub. L. 104-294, realigned margins of concluding provisions. 1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' in section catchline. Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (f)(2), substituted ''intentionally'' for ''willfully'' in introductory provision and ''wire, oral, or electronic'' for ''wire or oral'' in subpars. (a), (b), and (c)(i), (ii). Par. (2)(a). Pub. L. 99-508, Sec. 101(c)(7), substituted ''a provider of wire or electronic communication service or'' for ''a communications common carrier or'', ''such a provider, in'' for ''a communications common carrier, in'', and ''business of providing that wire or electronic communication service'' for ''communications common carrier's business''. Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral''. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note under section 13 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as a note under section 2510 of this title.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2513, 2516 of this title.
-CITE- 18 USC Sec. 2513 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2513. Confiscation of wire, oral, or electronic communication intercepting devices
-STATUTE- Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of section 2511 or section 2512 of this chapter may be seized and forfeited to the United States. All provisions of law relating to (1) the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with respect to seizure and forfeiture of electronic, mechanical, or other intercepting devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 215; amended Pub. L. 99-508, title I, Sec. 101(c)(1)(A), Oct. 21, 1986, 100 Stat. 1851.)
-MISC1- AMENDMENTS 1986 - Pub. L. 99-508 substituted ''wire, oral, or electronic'' for ''wire or oral'' in section catchline. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as a note under section 2510 of this title.
-CITE- 18 USC Sec. 2514 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- (Sec. 2514. Repealed. Pub. L. 91-452, title II, Sec. 227(a), Oct. 15, 1970, 84 Stat. 930)
-MISC1- Section, Pub. L. 90-351, title II, Sec. 802, June 19, 1968, 82 Stat. 216, provided for immunity of witnesses giving testimony or producing evidence under compulsion in Federal grand jury or court proceedings. Subject matter is covered in sections 6002 and 6003 of this title. EFFECTIVE DATE OF REPEAL Sections 227(a) and 260 of Pub. L. 91-452 provided for repeal of this section effective four years following sixtieth day after date of enactment of Pub. L. 91-452, which was approved Oct. 15, 1970, such repeal not affecting any immunity to which any individual was entitled under this section by reason of any testimony or other information given before such date. See section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of this title.
-CITE- 18 USC Sec. 2515 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2515. Prohibition of use as evidence of intercepted wire or oral communications
-STATUTE- Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 216.)
-CITE- 18 USC Sec. 2516 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2516. Authorization for interception of wire, oral, or electronic communications
-STATUTE- (1) The Attorney General, Deputy Attorney General, Associate Attorney General, (FOOTNOTE 1) or any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant in conformity with section 2518 of this chapter an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or a Federal agency having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of - (FOOTNOTE 1) See 1984 Amendment note below. (a) any offense punishable by death or by imprisonment for more than one year under sections 2274 through 2277 of title 42 of the United States Code (relating to the enforcement of the Atomic Energy Act of 1954), section 2284 of title 42 of the United States Code (relating to sabotage of nuclear facilities or fuel), or under the following chapters of this title: chapter 37 (relating to espionage), chapter 90 (relating to protection of trade secrets), chapter 105 (relating to sabotage), chapter 115 (relating to treason), chapter 102 (relating to riots), chapter 65 (relating to malicious mischief), chapter 111 (relating to destruction of vessels), or chapter 81 (relating to piracy); (b) a violation of section 186 or section 501(c) of title 29, United States Code (dealing with restrictions on payments and loans to labor organizations), or any offense which involves murder, kidnapping, robbery, or extortion, and which is punishable under this title; (c) any offense which is punishable under the following sections of this title: section 201 (bribery of public officials and witnesses), section 215 (relating to bribery of bank officials), section 224 (bribery in sporting contests), subsection (d), (e), (f), (g), (h), or (i) of section 844 (unlawful use of explosives), section 1032 (relating to concealment of assets), section 1084 (transmission of wagering information), section 751 (relating to escape), section 1014 (relating to loans and credit applications generally; renewals and discounts), sections 1503, 1512, and 1513 (influencing or injuring an officer, juror, or witness generally), section 1510 (obstruction of criminal investigations), section 1511 (obstruction of State or local law enforcement), section 1751 (Presidential and Presidential staff assassination, kidnapping, and assault), section 1951 (interference with commerce by threats or violence), section 1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), section 1958 (relating to use of interstate commerce facilities in the commission of murder for hire), section 1959 (relating to violent crimes in aid of racketeering activity), section 1954 (offer, acceptance, or solicitation to influence operations of employee benefit plan), section 1955 (prohibition of business enterprises of gambling), section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 659 (theft from interstate shipment), section 664 (embezzlement from pension and welfare funds), section 1343 (fraud by wire, radio, or television), section 1344 (relating to bank fraud), sections 2251 and 2252 (sexual exploitation of children), sections 2312, 2313, 2314, and 2315 (interstate transportation of stolen property), section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts), section 1203 (relating to hostage taking), section 1029 (relating to fraud and related activity in connection with access devices), section 3146 (relating to penalty for failure to appear), section 3521(b)(3) (relating to witness relocation and assistance), section 32 (relating to destruction of aircraft or aircraft facilities), section 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, kidnapping, and assault), section 831 (relating to prohibited transactions involving nuclear materials), section 33 (relating to destruction of motor vehicles or motor vehicle facilities), section 175 (relating to biological weapons), section 1992 (relating to wrecking trains), a felony violation of section 1028 (relating to production of false identification documentation), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), section 1541 (relating to passport issuance without authority), section 1542 (relating to false statements in passport applications), section 1543 (relating to forgery or false use of passports), section 1544 (relating to misuse of passports), or section 1546 (relating to fraud and misuse of visas, permits, and other documents); (d) any offense involving counterfeiting punishable under section 471, 472, or 473 of this title; (e) any offense involving fraud connected with a case under title 11 or the manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in narcotic drugs, marihuana, or other dangerous drugs, punishable under any law of the United States; (f) any offense including extortionate credit transactions under sections 892, 893, or 894 of this title; (g) a violation of section 5322 of title 31, United States Code (dealing with the reporting of currency transactions); (h) any felony violation of sections 2511 and 2512 (relating to interception and disclosure of certain communications and to certain intercepting devices) of this title; (i) any felony violation of chapter 71 (relating to obscenity) of this title; (j) any violation of section 60123(b) (relating to destruction of a natural gas pipeline) or section 46502 (relating to aircraft piracy) of title 49; (k) any criminal violation of section 2778 of title 22 (relating to the Arms Export Control Act); (l) the location of any fugitive from justice from an offense described in this section; (m) a violation of section 274, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the smuggling of aliens); (n) any felony violation of sections 922 and 924 of title 18, United States Code (relating to firearms); (o) any violation of section 5861 of the Internal Revenue Code of 1986 (relating to firearms); (p) (FOOTNOTE 2) a felony violation of section 1028 (relating to production of false identification documents), section 1542 (relating to false statements in passport applications), section 1546 (relating to fraud and misuse of visas, permits, and other documents) of this title or a violation of section 274, 277, or 278 of the Immigration and Nationality Act (relating to the smuggling of aliens); or (FOOTNOTE 2) So in original. Two subpars. (p) have been enacted. (p) (FOOTNOTE 2) any conspiracy to commit any offense described in any subparagraph of this paragraph. (2) The principal prosecuting attorney of any State, or the principal prosecuting attorney of any political subdivision thereof, if such attorney is authorized by a statute of that State to make application to a State court judge of competent jurisdiction for an order authorizing or approving the interception of wire, oral, or electronic communications, may apply to such judge for, and such judge may grant in conformity with section 2518 of this chapter and with the applicable State statute an order authorizing, or approving the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one year, designated in any applicable State statute authorizing such interception, or any conspiracy to commit any of the foregoing offenses. (3) Any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure) may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant, in conformity with section 2518 of this title, an order authorizing or approving the interception of electronic communications by an investigative or law enforcement officer having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of any Federal felony.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 216; amended Pub. L. 91-452, title VIII, Sec. 810, title IX, Sec. 902(a), title XI, Sec. 1103, Oct. 15, 1970, 84 Stat. 940, 947, 959; Pub. L. 91-644, title IV, Sec. 16, Jan. 2, 1971, 84 Stat. 1891; Pub. L. 95-598, title III, Sec. 314(h), Nov. 6, 1978, 92 Stat. 2677; Pub. L. 97-285, Sec. 2(e), 4(e), Oct. 6, 1982, 96 Stat. 1220, 1221; Pub. L. 98-292, Sec. 8, May 21, 1984, 98 Stat. 206; Pub. L. 98-473, title II, Sec. 1203(c), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99-508, title I, Sec. 101(c)(1)(A), 104, 105, Oct. 21, 1986, 100 Stat. 1851, 1855; Pub. L. 99-570, title I, Sec. 1365(c), Oct. 27, 1986, 100 Stat. 3207-35; Pub. L. 100-690, title VI, Sec. 6461, title VII, Sec. 7036, 7053(d), 7525, Nov. 18, 1988, 102 Stat. 4374, 4399, 4402, 4502; Pub. L. 101-298, Sec. 3(b), May 22, 1990, 104 Stat. 203; Pub. L. 101-647, title XXV, Sec. 2531, title XXXV, Sec. 3568, Nov. 29, 1990, 104 Stat. 4879, 4928; Pub. L. 103-272, Sec. 5(e)(11), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322, title XXXIII, Sec. 330011(c)(1), (q)(1), (r), 330021(1), Sept. 13, 1994, 108 Stat. 2144, 2145, 2150; Pub. L. 103-414, title II, Sec. 208, Oct. 25, 1994, 108 Stat. 4292; Pub. L. 103-429, Sec. 7(a)(4)(A), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104-132, title IV, Sec. 434, Apr. 24, 1996, 110 Stat. 1274; Pub. L. 104-208, div. C, title II, Sec. 201, Sept. 30, 1996, 110 Stat. 3009-564; Pub. L. 104-287, Sec. 6(a)(2), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104-294, title I, Sec. 102, title VI, Sec. 601(d), Oct. 11, 1996, 110 Stat. 3491, 3499; Pub. L. 105-318, Sec. 6(b), Oct. 30, 1998, 112 Stat. 3011.)
-REFTEXT- REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in par. (1)(a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. The Arms Export Control Act, referred to in par. (1)(k), is Pub. L. 90-269, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified principally to chapter 39 (Sec. 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. Section 5861 of the Internal Revenue Code of 1986, referred to in par. (1)(o), is classified to section 5861 of Title 26, Internal Revenue Code. The Federal Rules of Criminal Procedure, referred to in par. (3), are set out in the Appendix to this title.
-MISC2- AMENDMENTS 1998 - Par. (1)(a). Pub. L. 105-318 inserted ''chapter 90 (relating to protection of trade secrets),'' after ''chapter 37 (relating to espionage),''. 1996 - Par. (1)(c). Pub. L. 104-294, Sec. 102, which directed amendment of par. 1(c) by inserting ''chapter 90 (relating to protection of trade secrets),'' after ''chapter 37 (relating to espionage),'', could not be executed because phrase ''chapter 37 (relating to espionage),'' did not appear. Pub. L. 104-208, Sec. 201(1), substituted ''section 1992 (relating to wrecking trains), a felony violation of section 1028 (relating to production of false identification documentation), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), section 1541 (relating to passport issuance without authority), section 1542 (relating to false statements in passport applications), section 1543 (relating to forgery or false use of passports), section 1544 (relating to misuse of passports), or section 1546 (relating to fraud and misuse of visas, permits, and other documents)'' for ''or section 1992 (relating to wrecking trains)'' before semicolon at end. Par. (1)(j). Pub. L. 104-287, Sec. 6(a)(2), amended directory language of Pub. L. 103-272, Sec. 5(e)(11) as amended by Pub. L. 103-429, Sec. 7(a)(4)(A). See 1994 Amendment note below. Par. (1)(l). Pub. L. 104-208, Sec. 201(2), and Pub. L. 104-294, Sec. 601(d)(1), amended subpar. (l) identically, striking out ''or'' after semicolon at end. Par. (1)(m). Pub. L. 104-208, Sec. 201(3), (4), added subpar. (m). Former subpar. (m) redesignated (n). Par. (1)(n). Pub. L. 104-294, Sec. 601(d)(2), which directed substitution of ''or'' for ''and'' after semicolon at end, could not be executed because of prior amendments by Pub. L. 104-132, Sec. 434(1) and Pub. L. 104-208, Sec. 201(3). See below. Pub. L. 104-208, Sec. 201(3), redesignated subpar. (m) as (n). Former subpar. (n) redesignated (o). Pub. L. 104-132, Sec. 434(1), struck out ''and'' at end. Par. (1)(o). Pub. L. 104-208, Sec. 201(3), redesignated subpar. (n) as (o). Former subpar. (o) redesignated (p). Pub. L. 104-132 added subpar. (o) and redesignated former subpar. (o) as (p). Par. (1)(p). Pub. L. 104-208, Sec. 201(3), redesignated subpar. (o), relating to felony violation of section 1028, etc., as (p). Pub. L. 104-132, Sec. 434(2), redesignated subpar. (o), relating to conspiracy, as (p). 1994 - Par. (1). Pub. L. 103-414 in introductory provisions inserted ''or acting Deputy Assistant Attorney General'' after ''Deputy Assistant Attorney General''. Par. (1)(c). Pub. L. 103-322, Sec. 330021(1), substituted ''kidnapping'' for ''kidnaping'' in two places. Pub. L. 103-322, Sec. 330011(c)(1), amended directory language of Pub. L. 101-298, Sec. 3(b). See 1990 Amendment note below. Par. (1)(j). Pub. L. 103-322, Sec. 330011(r), amended directory language of Pub. L. 101-647, Sec. 2531(3). See 1990 Amendment note below. Pub. L. 103-322, Sec. 330011(q)(1), repealed Pub. L. 101-647, Sec. 3568. See 1990 Amendment note below. Pub. L. 103-272, Sec. 5(e)(11), as amended by Pub. L. 103-429, Sec. 7(a)(4)(A); Pub. L. 104-287, Sec. 6(a)(2), substituted ''section 60123(b) (relating to destruction of a natural gas pipeline) or section 46502 (relating to aircraft piracy) of title 49;'' for ''section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating to aircraft piracy);''. 1990 - Par. (1)(c). Pub. L. 101-647, Sec. 2531(1), inserted ''section 215 (relating to bribery of bank officials),'' before ''section 224'', ''section 1032 (relating to concealment of assets),'' before section 1084, ''section 1014 (relating to loans and credit applications generally; renewals and discounts),'' before ''sections 1503,'' and ''section 1344 (relating to bank fraud),'' before ''sections 2251 and 2252'' and struck out ''the section in chapter 65 relating to destruction of an energy facility,'' after ''retaliating against a Federal official),''. Pub. L. 101-298, Sec. 3(b), as amended by Pub. L. 103-322, Sec. 330011(c)(1), inserted ''section 175 (relating to biological weapons),'' after ''section 33 (relating to destruction of motor vehicles or motor vehicle facilities),''. Par. (1)(j). Pub. L. 101-647, Sec. 3568, which directed amendment of subsec. (j) by substituting ''any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or section 902(i) or (n) of the Federal Aviation Act of 1958 (relating to aircraft piracy)'' for ''any violation of section 1679a(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code'', and which was probably intended as an amendment to par. (1)(j), was repealed by Pub. L. 103-322, Sec. 330011(q)(1). Pub. L. 101-647, Sec. 2531(3), as amended by Pub. L. 103-322, Sec. 330011(r), substituted ''any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating to aircraft piracy)'' for ''any violation of section 1679a(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code''. Par. (1)(m). Pub. L. 101-647, Sec. 2531(2)(A), struck out subpar. (m) relating to conspiracy which read as follows: ''any conspiracy to commit any of the foregoing offenses.'' Par. (1)(o). Pub. L. 101-647, Sec. 2531(2)(B)-(D), added subpar. (o). 1988 - Par. (1). Pub. L. 100-690, Sec. 7036(a)(1), inserted ''or'' after ''Associate Attorney General,'' in introductory provisions. Par. (1)(a). Pub. L. 100-690, Sec. 7036(c)(1), which directed the amendment of subpar. (a) by substituting ''(relating to riots),'' for ''(relating to riots);'' was executed by substituting ''(relating to riots),'' for ''(relating to riots)'' as the probable intent of Congress. Par. (1)(c). Pub. L. 100-690, Sec. 7053(d), which directed the amendment of section 2516(c) by substituting ''1958'' for ''1952A'' and ''1959'' for ''1952B'' was executed by making the substitutions in par. (1)(c) as the probable intent of Congress. Pub. L. 100-690, Sec. 7036(b), struck out ''section 2252 or 2253 (sexual exploitation of children),'' after ''wire, radio, or television),'' and substituted ''section 2321'' for ''the second section 2320''. Pub. L. 100-690, Sec. 7036(a)(2), which directed the amendment of par. (1) by striking the comma that follows a comma was executed to subpar. (c) by striking out the second comma after ''to mail fraud)''. Par. (1)(i). Pub. L. 100-690, Sec. 7525, added subpar. (i) and redesignated former subpar. (i) as (j). Par. (1)(j). Pub. L. 100-690, Sec. 7525, redesignated former subpar. (i) as (j). Former subpar. (j) redesignated (k). Pub. L. 100-690, Sec. 7036(c)(2), which directed amendment of subpar. (j) by striking ''or;'' was executed by striking ''or'' after ''Export Control Act);'' to reflect the probable intent of Congress. Par. (1)(k). Pub. L. 100-690, Sec. 7525, redesignated former subpar. (j) as (k). Former subpar. (k) redesignated (l). Pub. L. 100-690, Sec. 7036(c)(3), struck out ''or'' at end. Par. (1)(l). Pub. L. 100-690, Sec. 7525, redesignated former subpar. (k) as (l). Former subpar. (l) redesignated (m). Par. (1)(m). Pub. L. 100-690, Sec. 7525, redesignated former subpar. (l) relating to conspiracy as (m). Pub. L. 100-690, Sec. 6461, added subpar. (m) relating to sections 922 and 924. Par. (1)(n). Pub. L. 100-690, Sec. 6461, added subpar. (n). 1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' in section catchline. Par. (1). Pub. L. 99-508, Sec. 104, substituted ''any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General in the Criminal Division'' for ''or any Assistant Attorney General'' in introductory provisions. Par. (1)(a). Pub. L. 99-508, Sec. 105(a)(5), inserted ''section 2284 of title 42 of the United States Code (relating to sabotage of nuclear facilities or fuel),'' struck out ''or'' after ''(relating to treason),'' and inserted ''chapter 65 (relating to malicious mischief), chapter 111 (relating to destruction of vessels), or chapter 81 (relating to piracy)''. Par. (1)(c). Pub. L. 99-570, which directed the amendment of subpar. (c) by inserting ''section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity),'' after ''section 1955 (prohibition of relating to business enterprises of gambling),'' was executed by inserting this phrase after ''section 1955 (prohibition of business enterprises of gambling),'' as the probable intent of Congress. Pub. L. 99-508, Sec. 105(a)(1), inserted ''section 751 (relating to escape),'' ''the second section 2320 (relating to trafficking in certain motor vehicles or motor vehicle parts), section 1203 (relating to hostage taking), section 1029 (relating to fraud and related activity in connection with access devices), section 3146 (relating to penalty for failure to appear), section 3521(b)(3) (relating to witness relocation and assistance), section 32 (relating to destruction of aircraft or aircraft facilities),'' and ''section 1952A (relating to use of interstate commerce facilities in the commission of murder for hire), section 1952B (relating to violent crimes in aid of racketeering activity),'' substituted ''2312, 2313, 2314,'' for ''2314'', inserted '', section 115 (relating to threatening or retaliating against a Federal official), the section in chapter 65 relating to destruction of an energy facility, and section 1341 (relating to mail fraud),'' substituted '', section 351'' for ''or section 351'', and inserted '', section 831 (relating to prohibited transactions involving nuclear materials), section 33 (relating to destruction of motor vehicles or motor vehicle facilities), or section 1992 (relating to wrecking trains)''. Par. (1)(h) to (l). Pub. L. 99-508, Sec. 105(a)(2)-(4), added subpars. (h) to (k) and redesignated former subpar. (h) as (l). Par. (2). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' in two places. Par. (3). Pub. L. 99-508, Sec. 105(b), added par. (3). 1984 - Par. (1). Pub. L. 98-473, Sec. 1203(c)(4), which directed the amendment of the first par. of par. (1) by inserting ''Deputy Attorney General, Associate Attorney General,'' after ''Attorney General.'' was executed by making the insertion after the first reference to ''Attorney General,'' to reflect the probable intent of Congress. Par. (1)(c). Pub. L. 98-473, Sec. 1203(c)(2), inserted references to sections 1512 and 1513 after ''1503''. Pub. L. 98-473, Sec. 1203(c)(1), inserted ''section 1343 (fraud by wire, radio, or television), section 2252 or 2253 (sexual exploitation of children),'' after ''section 664 (embezzlement from pension and welfare funds),''. Pub. L. 98-292 inserted ''sections 2251 and 2252 (sexual exploitation of children),'' after ''section 664 (embezzlement from pension and welfare funds),''. Par. (1)(g), (h). Pub. L. 98-473, Sec. 1203(c)(3), added par. (g) and redesignated former par. (g) as (h). 1982 - Par. (1)(c). Pub. L. 97-285 substituted ''(Presidential and Presidential staff assassination, kidnaping, and assault)'' for ''(Presidential assassinations, kidnapping, and assault)'' after ''section 1751'' and substituted ''(violations with respect to congressional, Cabinet, or Supreme Court assassinations, kidnaping, and assault)'' for ''(violations with respect to congressional assassination, kidnapping, and assault)'' after ''section 351''. 1978 - Par. (1)(e). Pub. L. 95-598 substituted ''fraud connected with a case under title 11'' for ''bankruptcy fraud''. 1971 - Par. (1)(c). Pub. L. 91-644 inserted reference to section 351 offense (violations with respect to congressional assassination, kidnaping, and assault). 1970 - Par. (1)(c). Pub. L. 91-452 inserted reference to sections 844(d), (e), (f), (g), (h), or (i), 1511, 1955, and 1963 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Section 6(a) of Pub. L. 104-287 provided that the amendment made by that section is effective July 5, 1994. EFFECTIVE DATE OF 1994 AMENDMENTS Section 7(a) of Pub. L. 103-429 provided that the amendment made by section 7(a)(4)(A) of Pub. L. 103-429 is effective July 5, 1994. Section 330011(c)(1) of Pub. L. 103-322 provided that the amendment made by that section is effective as of the date on which section 3(b) of Pub. L. 101-298 took effect. Section 330011(q)(1) of Pub. L. 103-322 provided that the amendment made by that section is effective as of the date on which section 3568 of Pub. L. 101-647 took effect. Section 330011(r) of Pub. L. 103-322 provided that the amendment made by that section is effective as of the date on which section 2531(3) of Pub. L. 101-647 took effect. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by sections 101(c)(1)(A) and 105 of Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions pursuant to section 2516(2) of this title, and amendment by section 104 of Pub. L. 99-508 effective Oct. 21, 1986, see section 111 of Pub. L. 99-508, set out as a note under section 2510 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. SAVINGS PROVISION Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2511, 2518 of this title; title 28 section 594.
-CITE- 18 USC Sec. 2517 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2517. Authorization for disclosure and use of intercepted wire, oral, or electronic communications
-STATUTE- (1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. (2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties. (3) Any person who has received, by any means authorized by this chapter, any information concerning a wire, oral, or electronic communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the United States or of any State or political subdivision thereof. (4) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character. (5) When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized herein, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 217; amended Pub. L. 91-452, title IX, Sec. 902(b), Oct. 15, 1970, 84 Stat. 947; Pub. L. 99-508, title I, Sec. 101(c)(1)(A), Oct. 21, 1986, 100 Stat. 1851.)
-MISC1- AMENDMENTS 1986 - Pub. L. 99-508 substituted ''wire, oral, or electronic'' for ''wire or oral'' in section catchline and wherever appearing in text. 1970 - Par. (3). Pub. L. 91-452 substituted ''proceeding held under the authority of the United States or of any State or political subdivision thereof'' for ''criminal proceeding in any court of the United States or of any State or in any Federal or State grand jury proceeding''. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as a note under section 2510 of this title.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2511, 2518, 2702 of this title.
-CITE- 18 USC Sec. 2518 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2518. Procedure for interception of wire, oral, or electronic communications
-STATUTE- (1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant's authority to make such application. Each application shall include the following information: (a) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application; (b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including (i) details as to the particular offense that has been, is being, or is about to be committed, (ii) except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted; (c) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; (d) a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (e) a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and (f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results. (2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. (3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting (and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction), if the judge determines on the basis of the facts submitted by the applicant that - (a) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter; (b) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception; (c) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; (d) except as provided in subsection (11), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person. (4) Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify - (a) the identity of the person, if known, whose communications are to be intercepted; (b) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; (d) the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and (e) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. An order authorizing the interception of a wire, oral, or electronic communication under this chapter shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance. Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act. (5) No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by Government personnel, or by an individual operating under a contract with the Government, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception. (6) Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require. (7) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that - (a) an emergency situation exists that involves - (i) immediate danger of death or serious physical injury to any person, (ii) conspiratorial activities threatening the national security interest, or (iii) conspiratorial activities characteristic of organized crime, that requires a wire, oral, or electronic communication to be intercepted before an order authorizing such interception can, with due diligence, be obtained, and (b) there are grounds upon which an order could be entered under this chapter to authorize such interception, may intercept such wire, oral, or electronic communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred, or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event such application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter, and an inventory shall be served as provided for in subsection (d) of this section on the person named in the application. (8)(a) The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (1) and (2) of section 2517 of this chapter for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under subsection (3) of section 2517. (b) Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years. (c) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge. (d) Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 2518(7)(b) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of - (1) the fact of the entry of the order or the application; (2) the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and (3) the fact that during the period wire, oral, or electronic communications were or were not intercepted. The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed. (9) The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information. (10)(a) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the contents of any wire or oral communication intercepted pursuant to this chapter, or evidence derived therefrom, on the grounds that - (i) the communication was unlawfully intercepted; (ii) the order of authorization or approval under which it was intercepted is insufficient on its face; or (iii) the interception was not made in conformity with the order of authorization or approval. Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice. (b) In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) of this subsection, or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted. (c) The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications. (11) The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if - (a) in the case of an application with respect to the interception of an oral communication - (i) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General; (ii) the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and (iii) the judge finds that such specification is not practical; and (b) in the case of an application with respect to a wire or electronic communication - (i) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General; (ii) the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility; (iii) the judge finds that such showing has been adequately made; and (iv) the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted. (12) An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11)(a) shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (11)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 218; amended Pub. L. 91-358, title II, Sec. 211(b), July 29, 1970, 84 Stat. 654; Pub. L. 95-511, title II, Sec. 201(d)-(g), Oct. 25, 1978, 92 Stat. 1797, 1798; Pub. L. 98-473, title II, Sec. 1203(a), (b), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99-508, title I, Sec. 101(c)(1)(A), (8), (e), 106(a)-(d)(3), Oct. 21, 1986, 100 Stat. 1851-1853, 1856, 1857; Pub. L. 103-414, title II, Sec. 201(b)(1), Oct. 25, 1994, 108 Stat. 4290; Pub. L. 105-272, title VI, Sec. 604, Oct. 20, 1998, 112 Stat. 2413.)
-REFTEXT- REFERENCES IN TEXT The Communications Assistance for Law Enforcement Act, referred to in par. (4), is title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (Sec. 1001 et seq.) of chapter 9 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 47 and Tables.
-MISC2- AMENDMENTS 1998 - Par. (11)(b)(ii). Pub. L. 105-272, Sec. 604(a)(1), substituted ''that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;'' for ''of a purpose, on the part of that person, to thwart interception by changing facilities; and''. Par. (11)(b)(iii). Pub. L. 105-272, Sec. 604(a)(2), substituted ''such showing has been adequately made; and'' for ''such purpose has been adequately shown.'' Par. (11)(b)(iv). Pub. L. 105-272, Sec. 604(a)(3), added cl. (iv). Par. (12). Pub. L. 105-272, Sec. 604(b), substituted ''by reason of subsection (11)(a)'' for ''by reason of subsection (11)'', struck out ''the facilities from which, or'' after ''shall not begin until'', and struck out comma after ''the place where''. 1994 - Par. (4). Pub. L. 103-414 inserted at end of concluding provisions ''Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.'' 1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' in section catchline. Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' in introductory provisions. Par. (1)(b)(ii). Pub. L. 99-508, Sec. 106(d)(1), inserted ''except as provided in subsection (11),''. Par. (1)(e). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral''. Par. (3). Pub. L. 99-508, Sec. 101(c)(1)(A), 106(a), in introductory provisions, substituted ''wire, oral, or electronic'' for ''wire or oral'' and inserted ''(and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction)''. Par. (3)(d). Pub. L. 99-508, Sec. 101(c)(1)(A), 106(d)(2), inserted ''except as provided in subsection (11),'' and substituted ''wire, oral, or electronic'' for ''wire or oral''. Par. (4). Pub. L. 99-508, Sec. 101(c)(1)(A), (8), 106(b), substituted ''wire, oral, or electronic'' for ''wire or oral'' wherever appearing and, in closing provisions, substituted ''provider of wire or electronic communication service'' for ''communication common carrier'' wherever appearing, ''such service provider'' for ''such carrier'', and ''for reasonable expenses incurred in providing such facilities or assistance'' for ''at the prevailing rates''. Par. (5). Pub. L. 99-508, Sec. 101(c)(1)(A), 106(c), substituted ''wire, oral, or electronic'' for ''wire or oral'' and inserted provisions which related to beginning of thirty-day period, minimization where intercepted communication is in code or foreign language and expert in that code or foreign language is not immediately available, and conduct of interception by Government personnel or by individual operating under Government contract, acting under supervision of investigative or law enforcement officer authorized to conduct interception. Pars. (7), (8)(a), (d)(3), (9). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' wherever appearing. Par. (10)(c). Pub. L. 99-508, Sec. 101(e), added subpar. (c). Pars. (11), (12). Pub. L. 99-508, Sec. 106(d)(3), added pars. (11) and (12). 1984 - Par. (7). Pub. L. 98-473, Sec. 1203(a), inserted '', the Deputy Attorney General, the Associate Attorney General,'' after ''Attorney General'' in provisions preceding subpar. (a). Par. (7)(a). Pub. L. 98-473, Sec. 1203(b), amended subpar. (a) generally, adding cl. (i) and designated existing provisions as cls. (ii) and (iii). 1978 - Par. (1). Pub. L. 95-511, Sec. 201(d), inserted ''under this chapter'' after ''communication''. Par. (4). Pub. L. 95-511, Sec. 201(e), inserted ''under this chapter'' after ''wire or oral communication'' wherever appearing. Par. (9). Pub. L. 95-511, Sec. 201(e), substituted ''any wire or oral communication intercepted pursuant to this chapter'' for ''any intercepted wire or oral communication''. Par. (10). Pub. L. 95-511, Sec. 201(g), substituted ''any wire or oral communication intercepted pursuant to this chapter,'' for ''any intercepted wire or oral communication,''. 1970 - Par. (4). Pub. L. 91-358 inserted the provision that, upon the request of the applicant, an order authorizing the interception of a wire or oral communication direct that a communication common carrier, landlord, custodian, or other person furnish the applicant with all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services provided. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as a note under section 2510 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as specifically provided, see section 401 of Pub. L. 95-511, set out as an Effective Date note under section 1801 of Title 50, War and National Defense. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 901(a) of Pub. L. 91-358.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2511, 2516, 2519, 2520, 2701, 2707 of this title; title 47 section 1002.
-CITE- 18 USC Sec. 2519 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2519. Reports concerning intercepted wire, oral, or electronic communications
-STATUTE- (1) Within thirty days after the expiration of an order (or each extension thereof) entered under section 2518, or the denial of an order approving an interception, the issuing or denying judge shall report to the Administrative Office of the United States Courts - (a) the fact that an order or extension was applied for; (b) the kind of order or extension applied for (including whether or not the order was an order with respect to which the requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title did not apply by reason of section 2518(11) of this title); (c) the fact that the order or extension was granted as applied for, was modified, or was denied; (d) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; (e) the offense specified in the order or application, or extension of an order; (f) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and (g) the nature of the facilities from which or the place where communications were to be intercepted. (2) In January of each year the Attorney General, an Assistant Attorney General specially designated by the Attorney General, or the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to the Administrative Office of the United States Courts - (a) the information required by paragraphs (a) through (g) of subsection (1) of this section with respect to each application for an order or extension made during the preceding calendar year; (b) a general description of the interceptions made under such order or extension, including (i) the approximate nature and frequency of incriminating communications intercepted, (ii) the approximate nature and frequency of other communications intercepted, (iii) the approximate number of persons whose communications were intercepted, 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.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 222; amended Pub. L. 95-511, title II, Sec. 201(h), Oct. 25, 1978, 92 Stat. 1798; Pub. L. 99-508, title I, Sec. 101(c)(1)(A), 106(d)(4), Oct. 21, 1986, 100 Stat. 1851, 1857.)
-MISC1- AMENDMENTS 1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral'' in section catchline. Par. (1)(b). Pub. L. 99-508, Sec. 106(d)(4), inserted ''(including whether or not the order was an order with respect to which the requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title did not apply by reason of section 2518(11) of this title)''. Par. (3). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ''wire, oral, or electronic'' for ''wire or oral''. 1978 - Par. (3). Pub. L. 95-511 inserted ''pursuant to this chapter'' after ''wire or oral communications'' and ''granted or denied''. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as a note under section 2510 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as specifically provided, see section 401 of Pub. L. 95-511, set out as an Effective Date note under section 1801 of Title 50, War and National Defense.
-CITE- 18 USC Sec. 2520 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2520. Recovery of civil damages authorized
-STATUTE- (a) In General. - Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity 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.
-SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 223; amended Pub. L. 91-358, title II, Sec. 211(c), July 29, 1970, 84 Stat. 654; Pub. L. 99-508, title I, Sec. 103, Oct. 21, 1986, 100 Stat. 1853.)
-MISC1- AMENDMENTS 1986 - Pub. L. 99-508 amended section generally. Prior to amendment, section read as follows: ''Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this chapter shall (1) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use such communications, and (2) be entitled to recover from any such person - ''(a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; ''(b) punitive damages; and ''(c) a reasonable attorney's fee and other litigation costs reasonably incurred. A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.'' 1970 - Pub. L. 91-358 substituted provisions that a good faith reliance on a court order or legislative authorization constitute a complete defense to any civil or criminal action brought under this chapter or under any other law, for provisions that a good faith reliance on a court order or on the provisions of section 2518(7) of this chapter constitute a complete defense to any civil or criminal action brought under this chapter. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as a note under section 2510 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 901(a) of Pub. L. 91-358.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2511 of this title.
-CITE- 18 USC Sec. 2521 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2521. Injunction against illegal interception
-STATUTE- Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this chapter, the Attorney General may initiate a civil action in a district court of the United States to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.
-SOURCE- (Added Pub. L. 99-508, title I, Sec. 110(a), Oct. 21, 1986, 100 Stat. 1859.)
-REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title.
-MISC2- EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as an Effective Date of 1986 Amendment note under section 2510 of this title.
-CITE- 18 USC Sec. 2522 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD- Sec. 2522. Enforcement of the Communications Assistance for Law Enforcement Act
-STATUTE- (a) Enforcement by Court Issuing Surveillance Order. - If a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or authorizing use of a pen register or a trap and trace device under chapter 206 or a State statute finds that a telecommunications carrier has failed to comply with the requirements of the Communications Assistance for Law Enforcement Act, the court may, in accordance with section 108 of such Act, direct that the carrier comply forthwith and may direct that a provider of support services to the carrier or the manufacturer of the carrier's transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply. (b) Enforcement Upon Application by Attorney General. - The Attorney General may, in a civil action in the appropriate United States district court, obtain an order, in accordance with section 108 of the Communications Assistance for Law Enforcement Act, directing that a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services comply with such Act. (c) Civil Penalty. - (1) In general. - A court issuing an order under this section against a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services may impose a civil penalty of up to $10,000 per day for each day in violation after the issuance of the order or after such future date as the court may specify. (2) Considerations. - In determining whether to impose a civil penalty and in determining its amount, the court shall take into account - (A) the nature, circumstances, and extent of the violation; (B) the violator's ability to pay, the violator's good faith efforts to comply in a timely manner, any effect on the violator's ability to continue to do business, the degree of culpability, and the length of any delay in undertaking efforts to comply; and (C) such other matters as justice may require. (d) Definitions. - As used in this section, the terms defined in section 102 of the Communications Assistance for Law Enforcement Act have the meanings provided, respectively, in such section.
-SOURCE- (Added Pub. L. 103-414, title II, Sec. 201(a), Oct. 25, 1994, 108 Stat. 4289.)
-REFTEXT- REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as amended, which is classified principally to chapter 36 (Sec. 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables. The Communications Assistance for Law Enforcement Act, referred to in subsecs. (a) and (b), is title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (Sec. 1001 et seq.) of chapter 9 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. Sections 102 and 108 of the Act are classified to sections 1001 and 1007, respectively, of Title 47. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 47 and Tables.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2518, 3124 of this title; title 47 section 1007.
-CITE- 18 USC CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS .
-HEAD- CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
-MISC1- Sec. 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. 2711. Definitions for chapter. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7067, Nov. 18, 1988, 102 Stat. 4405, which directed amendment of item 2710 by inserting ''for chapter'' after ''Definitions'' was executed by making the insertion in item 2711 to reflect the probable intent of Congress and the intervening redesignation of item 2710 as 2711 by Pub. L. 100-618, see below. Pub. L. 100-618, Sec. 2(b), Nov. 5, 1988, 102 Stat. 3197, added item 2710 and redesignated former item 2710 as 2711.
-SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2511 of this title; title 47 section 1008.
-CITE- 18 USC Sec. 2701 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
-HEAD- Sec. 2701. Unlawful access to stored communications
-STATUTE- (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 under this title 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 under this title 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.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1860; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (U), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104-294, title VI, Sec. 601(a)(3), Oct. 11, 1996, 110 Stat. 3498.)
-MISC1- AMENDMENTS 1996 - Subsec. (b)(1)(A), (2). Pub. L. 104-294 substituted ''fine under this title'' for ''fine of under this title''. 1994 - Subsec. (b)(1)(A). Pub. L. 103-322, Sec. 330016(1)(U), substituted ''under this title'' for ''not more than $250,000''. Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(K), substituted ''under this title'' for ''not more than $5,000''. EFFECTIVE DATE Section 202 of title II of Pub. L. 99-508 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, Sec. 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'.''
-CITE- 18 USC Sec. 2702 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
-HEAD- Sec. 2702. Disclosure of contents
-STATUTE- (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 - (A) if the contents - (i) were inadvertently obtained by the service provider; and (ii) appear to pertain to the commission of a crime; or (B) if required by section 227 of the Crime Control Act of 1990.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1860; amended Pub. L. 100-690, title VII, Sec. 7037, Nov. 18, 1988, 102 Stat. 4399; Pub. L. 105-314, title VI, Sec. 604(b), Oct. 30, 1998, 112 Stat. 2984.)
-REFTEXT- REFERENCES IN TEXT Section 227 of the Crime Control Act of 1990, referred to in subsec. (b)(6), is classified to section 13032 of Title 42, The Public Health and Welfare.
-MISC2- AMENDMENTS 1998 - Subsec. (b)(6). Pub. L. 105-314 amended par. (6) generally. Prior to amendment, par. (6) read as follows: ''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.'' 1988 - Subsec. (b)(2). Pub. L. 100-690 substituted ''2517'' for ''2516''.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2706 of this title.
-CITE- 18 USC Sec. 2703 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
-HEAD- Sec. 2703. Requirements for governmental access
-STATUTE- (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) obtains a warrant issued under the Federal Rules of Criminal Procedure or equivalent State warrant; (ii) obtains a court order for such disclosure under subsection (d) of this section; (iii) has the consent of the subscriber or customer to such disclosure; or (iv) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of such provider, which subscriber or customer is engaged in telemarketing (as such term is defined in section 2325 of this title). (C) A provider of electronic communication service or remote computing service shall disclose to a governmental entity the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber or customer utilized, when the governmental entity uses an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury or trial subpoena or any means available under subparagraph (B). (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) may be issued by any court that is a court of competent jurisdiction described in section 3127(2)(A) and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. 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. (f) Requirement To Preserve Evidence. - (1) In general. - A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. (2) Period of retention. - Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1861; amended Pub. L. 100-690, title VII, Sec. 7038, 7039, Nov. 18, 1988, 102 Stat. 4399; Pub. L. 103-322, title XXXIII, Sec. 330003(b), Sept. 13, 1994, 108 Stat. 2140; Pub. L. 103-414, title II, Sec. 207(a), Oct. 25, 1994, 108 Stat. 4292; Pub. L. 104-132, title VIII, Sec. 804, Apr. 24, 1996, 110 Stat. 1305; Pub. L. 104-293, title VI, Sec. 601(b), Oct. 11, 1996, 110 Stat. 3469; Pub. L. 104-294, title VI, Sec. 605(f), Oct. 11, 1996, 110 Stat. 3510; Pub. L. 105-184, Sec. 8, June 23, 1998, 112 Stat. 522.)
-REFTEXT- REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsecs. (a), (b)(1)(A), and (c)(1)(B)(i), are set out in the Appendix to this title.
-MISC2- AMENDMENTS 1998 - Subsec. (c)(1)(B)(iv). Pub. L. 105-184 added cl. (iv). 1996 - Subsec. (c)(1)(C). Pub. L. 104-293 inserted ''local and long distance'' after ''address,''. Subsec. (d). Pub. L. 104-294 substituted ''in section 3127(2)(A)'' for ''in section 3126(2)(A)''. Subsec. (f). Pub. L. 104-132 added subsec. (f). 1994 - Subsec. (c)(1)(B). Pub. L. 103-414, Sec. 207(a)(1)(A), redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: ''uses an administrative subpoena authorized by a Federal or State statute, or a Federal or State grand jury or trial subpoena;''. Subsec. (c)(1)(C). Pub. L. 103-414, Sec. 207(a)(1)(B), added subpar. (C). Subsec. (d). Pub. L. 103-414, Sec. 207(a)(2), amended first sentence generally. Prior to amendment, first sentence read as follows: ''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 3127(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.'' Pub. L. 103-322 substituted ''section 3127(2)(A)'' for ''section 3126(2)(A)''. 1988 - Subsecs. (b)(1)(B)(i), (c)(1)(B)(i). Pub. L. 100-690, Sec. 7038, inserted ''or trial'' after ''grand jury''. Subsec. (d). Pub. L. 100-690, Sec. 7039, inserted ''may be issued by any court that is a court of competent jurisdiction set forth in section 3126(2)(A) of this title and'' before ''shall issue''.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2701, 2702, 2704, 2705, 2706, 2707 of this title.
-CITE- 18 USC Sec. 2704 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
-HEAD- Sec. 2704. Backup preservation
-STATUTE- (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.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1863.)
-REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2701, 2706 of this title.
-CITE- 18 USC Sec. 2705 01/05/99
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-HEAD- Sec. 2705. Delayed notice
-STATUTE- (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.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1864.)
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2703, 2704 of this title.
-CITE- 18 USC Sec. 2706 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
-HEAD- Sec. 2706. Cost reimbursement
-STATUTE- (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.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1866; amended Pub. L. 100-690, title VII, Sec. 7061, Nov. 18, 1988, 102 Stat. 4404.)
-MISC1- AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-690 inserted heading.
-CITE- 18 USC Sec. 2707 01/05/99
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-HEAD- Sec. 2707. Civil action
-STATUTE- (a) Cause of Action. - Except as provided in section 2703(e), any provider of electronic communication service, subscriber, or other person 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. If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney fees determined by the court. (d) Disciplinary Actions for Violations. - If a court determines that any agency or department of the United States has violated this chapter and the court finds that the circumstances surrounding the violation raise the question whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department concerned shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee. (e) 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. (f) 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.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1866; amended Pub. L. 104-293, title VI, Sec. 601(c), Oct. 11, 1996, 110 Stat. 3469.)
-MISC1- AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-293, Sec. 601(c)(1), substituted ''other person'' for ''customer''. Subsec. (c). Pub. L. 104-293, Sec. 601(c)(2), inserted at end ''If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney fees determined by the court.'' Subsecs. (d) to (f). Pub. L. 104-293, Sec. 601(c)(3), (4), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
-CITE- 18 USC Sec. 2708 01/05/99
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-HEAD- Sec. 2708. Exclusivity of remedies
-STATUTE- The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1867.)
-CITE- 18 USC Sec. 2709 01/05/99
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-HEAD- Sec. 2709. Counterintelligence access to telephone toll and transactional records
-STATUTE- (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 his designee in a position not lower than Deputy Assistant Director, may - (1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that - (A) the name, address, length of service, and toll billing records sought are relevant to an authorized foreign counterintelligence investigation; and (B) 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); and (2) request the name, address, and length of service of a person or entity if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that - (A) the information sought is relevant to an authorized foreign counterintelligence investigation; and (B) there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person or entity have been used, through the services of such provider, in communication with - (i) an individual who is engaging or has engaged in international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act (FOOTNOTE 1) or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States; or (FOOTNOTE 1) So in original. Probably should be ''Act of 1978''. (ii) a foreign power or an agent of a foreign power under circumstances giving reason to believe that the communication concerned international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act (FOOTNOTE 1) or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States. (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, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all requests made under subsection (b) of this section.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1867; amended Pub. L. 103-142, Nov. 17, 1993, 107 Stat. 1491; Pub. L. 104-293, title VI, Sec. 601(a), Oct. 11, 1996, 110 Stat. 3469.)
-MISC1- AMENDMENTS 1996 - Subsec. (b)(1). Pub. L. 104-293 inserted ''local and long distance'' before ''toll billing records''. 1993 - Subsec. (b). Pub. L. 103-142, Sec. 1, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ''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).'' Subsec. (e). Pub. L. 103-142, Sec. 2, inserted '', and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate,'' after ''Senate''.
-CITE- 18 USC Sec. 2710 01/05/99
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-HEAD- Sec. 2710. Wrongful disclosure of video tape rental or sale records
-STATUTE- (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.
-SOURCE- (Added Pub. L. 100-618, Sec. 2(a)(2), Nov. 5, 1988, 102 Stat. 3195.)
-REFTEXT- REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2)(C), are set out in the Appendix to this title.
-MISC2- PRIOR PROVISIONS A prior section 2710 was renumbered section 2711 of this title.
-CITE- 18 USC Sec. 2711 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
-HEAD- Sec. 2711. Definitions for chapter
-STATUTE- As used in this chapter - (1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section; and (2) the term ''remote computing service'' means the provision to the public of computer storage or processing services by means of an electronic communications system.
-SOURCE- (Added Pub. L. 99-508, title II, Sec. 201((a)), Oct. 21, 1986, 100 Stat. 1868, Sec. 2710; renumbered Sec. 2711, Pub. L. 100-618, Sec. 2(a)(1), Nov. 5, 1988, 102 Stat. 3195.)
-MISC1- AMENDMENTS 1988 - Pub. L. 100-618 renumbered section 2710 of this title as this section.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 13032.
-CITE- 18 USC CHAPTER 205 - SEARCHES AND SEIZURES 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 205 - SEARCHES AND SEIZURES .
-HEAD- CHAPTER 205 - SEARCHES AND SEIZURES
-MISC1- Sec. 3101. Effect of rules of court - Rule. 3102. Authority to issue search warrant - Rule. 3103. Grounds for issuing search warrant - Rule. 3103a. Additional grounds for issuing warrant. 3104. Issuance of search warrant; contents - Rule. 3105. Persons authorized to serve search warrant. 3106. Officer authorized to serve search warrant - Rule. 3107. Service of warrants and seizures by Federal Bureau of Investigation. 3108. Execution, service, and return - Rule. 3109. Breaking doors or windows for entry or exit. 3110. Property defined - Rule. 3111. Property seizable on search warrant - Rule. (3112. Repealed.) 3113. Liquor violations in Indian country. 3114. Return of seized property and suppression of evidence; motion - Rule. 3115. Inventory upon execution and return of search warrant - Rule. 3116. Records of examining magistrate; return to clerk of court - Rule. 3117. Mobile tracking devices. 3118. Implied consent for certain tests.
-COD- CODIFICATION Pub. L. 90-351 enacted section 3103a of this title as part of chapter 204, and Pub. L. 90-462, Sec. 3, Aug. 8, 1968, 82 Stat. 638, corrected the chapter designation from 204 to 205.
-MISC3- AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3573(d), Nov. 29, 1990, 104 Stat. 4929, struck out item 3112 ''Search warrants for seizure of animals, birds, or eggs'' and renumbered item 3117, ''Implied consent for certain tests'', as 3118. 1988 - Pub. L. 100-690, title VI, Sec. 6477(b)(2), Nov. 18, 1988, 102 Stat. 4381, added item 3117 ''Implied consent for certain tests''. 1986 - Pub. L. 99-508, title I, Sec. 108(b), Oct. 21, 1986, 100 Stat. 1858, added item 3117 ''Mobile tracking devices''. 1968 - Pub. L. 90-351, title IX, Sec. 1401(b), June 19, 1968, 82 Stat. 238, added item 3103a.
-SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 26 section 7302.
-CITE- 18 USC Sec. 3117 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD- Sec. 3117. Mobile tracking devices
-STATUTE- (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.
-SOURCE- (Added Pub. L. 99-508, title I, Sec. 108(a), Oct. 21, 1986, 100 Stat. 1858.)
-COD- CODIFICATION Another section 3117 was renumbered section 3118 of this title.
-MISC3- EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as an Effective Date of 1986 Amendment note under section 2510 of this title.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2510 of this title.
-CITE- 18 USC CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES .
-HEAD- CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-MISC1- Sec. 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. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7068, 7092(c), Nov. 18, 1988, 102 Stat. 4405, 4411, substituted ''trap and trace'' for ''trap or trace'' in item 3123, added item 3125, and redesignated former items 3125 and 3126 as 3126 and 3127, respectively.
-SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2511, 2522 of this title.
-CITE- 18 USC Sec. 3121 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD- Sec. 3121. General prohibition on pen register and trap and trace device use; exception
-STATUTE- (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) Limitation. - A government agency authorized to install and use a pen register under this chapter or under State law shall use technology reasonably available to it that restricts the recording or decoding of electronic or other impulses to the dialing and signaling information utilized in call processing. (d) Penalty. - Whoever knowingly violates subsection (a) shall be fined under this title or imprisoned not more than one year, or both.
-SOURCE- (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat. 1868; amended Pub. L. 103-414, title II, Sec. 207(b), Oct. 25, 1994, 108 Stat. 4292.)
-REFTEXT- REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as amended, which is classified principally to chapter 36 (Sec. 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.
-MISC2- AMENDMENTS 1994 - Subsecs. (c), (d). Pub. L. 103-414 added subsec. (c) and redesignated former subsec. (c) as (d). EFFECTIVE DATE Section 302 of title III of Pub. L. 99-508 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 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).''
-CITE- 18 USC Sec. 3122 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD- Sec. 3122. Application for an order for a pen register or a trap and trace device
-STATUTE- (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.
-SOURCE- (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat. 1869.)
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3123 of this title.
-CITE- 18 USC Sec. 3123 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD- Sec. 3123. Issuance of an order for a pen register or a trap and trace device
-STATUTE- (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.
-SOURCE- (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat. 1869.)
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3121, 3122, 3124, 3125 of this title.
-CITE- 18 USC Sec. 3124 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD- Sec. 3124. Assistance in installation and use of a pen register or a trap and trace device
-STATUTE- (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. (f) Communications Assistance Enforcement Orders. - Pursuant to section 2522, an order may be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.
-SOURCE- (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat. 1870; amended Pub. L. 100-690, title VII, Sec. 7040, 7092(b), (d), Nov. 18, 1988, 102 Stat. 4399, 4411; Pub. L. 101-647, title XXXV, Sec. 3575, Nov. 29, 1990, 104 Stat. 4929; Pub. L. 103-414, title II, Sec. 201(b)(2), Oct. 25, 1994, 108 Stat. 4290.)
-REFTEXT- REFERENCES IN TEXT The Communications Assistance for Law Enforcement Act, referred to in subsec. (f), is title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (Sec. 1001 et seq.) of chapter 9 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 47 and Tables.
-MISC2- AMENDMENTS 1994 - Subsec. (f). Pub. L. 103-414 added subsec. (f). 1990 - Subsec. (b). Pub. L. 101-647 substituted ''section 3123(b)'' for ''subsection 3123(b)''. 1988 - Subsec. (b). Pub. L. 100-690, Sec. 7040, 7092(d), inserted '', pursuant to subsection 3123(b) or section 3125 of this title,'' after ''shall be furnished'' and ''order'' after last reference to ''court''. Subsec. (d). Pub. L. 100-690, Sec. 7092(b)(1), inserted ''or request pursuant to section 3125 of this title'' after ''this chapter''. Subsec. (e). Pub. L. 100-690, Sec. 7092(b)(2), inserted ''under this chapter, a request pursuant to section 3125 of this title'' after ''court order''.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3123 of this title.
-CITE- 18 USC Sec. 3125 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD- Sec. 3125. Emergency pen register and trap and trace device installation
-STATUTE- (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. (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 of 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.
-SOURCE- (Added Pub. L. 100-690, title VII, Sec. 7092(a)(2), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 103-322, title XXXIII, Sec. 330008(3), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 104-294, title VI, Sec. 601(f)(5), Oct. 11, 1996, 110 Stat. 3499.)
-MISC1- PRIOR PROVISIONS A prior section 3125 was renumbered section 3126 of this title. AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-294 struck out closing quotation mark at end. 1994 - Subsec. (a). Pub. L. 103-322, Sec. 330008(3)(A), (B), substituted ''use;'' for ''use' '' in par. (2) and directed that matter beginning with ''may have installed'' and ending with ''section 3123 of this title'' be realigned so that it is flush to the left margin, which was executed to text containing a period after ''section 3123 of this title'', to reflect the probable intent of Congress. Subsec. (d). Pub. L. 103-322, Sec. 330008(3)(C), substituted ''provider of'' for ''provider for''.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3124 of this title; title 47 section 1002.
-CITE- 18 USC Sec. 3126 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD- Sec. 3126. Reports concerning pen registers and trap and trace devices
-STATUTE- 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.
-SOURCE- (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat. 1871, Sec. 3125; renumbered Sec. 3126, Pub. L. 100-690, title VII, Sec. 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.)
-MISC1- PRIOR PROVISIONS A prior section 3126 was renumbered section 3127 of this title. AMENDMENTS 1988 - Pub. L. 100-690 renumbered section 3125 of this title as this section.
-CITE- 18 USC Sec. 3127 01/05/99
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD- Sec. 3127. Definitions for chapter
-STATUTE- 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 ''attorney for 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.
-SOURCE- (Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100 Stat. 1871, Sec. 3126; renumbered Sec. 3127, Pub. L. 100-690, title VII, Sec. 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410.)
-REFTEXT- REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in par. (5), are set out in the Appendix to this title.
-MISC2- AMENDMENTS 1988 - Pub. L. 100-690 renumbered section 3126 of this title as this section.
-CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2703 of this title; title 47 section 1002.
-CITE- 47 USC CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS 01/26/98
-EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS .
-HEAD- CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
-MISC1- SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS Sec. 1001. Definitions. 1002. Assistance capability requirements. (a) Capability requirements. (b) Limitations. (c) Emergency or exigent circumstances. (d) Mobile service assistance requirements. 1003. Notices of capacity requirements. (a) Notices of maximum and actual capacity requirements. (b) Compliance with capacity notices. (c) Notices of increased maximum capacity requirements. (d) Carrier statement. (e) Reimbursement required for compliance. 1004. Systems security and integrity. 1005. Cooperation of equipment manufacturers and providers of telecommunications support services. (a) Consultation. (b) Cooperation. 1006. Technical requirements and standards; extension of compliance date. (a) Safe harbor. (b) Commission authority. (c) Extension of compliance date for equipment, facilities, and services. 1007. Enforcement orders. (a) Grounds for issuance. (b) Time for compliance. (c) Limitations. 1008. Payment of costs of telecommunications carriers to comply with capability requirements. (a) Equipment, facilities, and services deployed on or before January 1, 1995. (b) Equipment, facilities, and services deployed after January 1, 1995. (c) Allocation of funds for payment. (d) Failure to make payment with respect to equipment, facilities, and services deployed on or before January 1, 1995. (e) Cost control regulations. 1009. Authorization of appropriations. 1010. Reports. (a) Reports by Attorney General. (b) Reports by Comptroller General and Inspector General. SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS 1021. Department of Justice Telecommunications Carrier Compliance Fund. (a) Establishment of Fund. (b) Deposits to Fund. (c) Termination. (d) Availability of funds for expenditure. (e) Implementation plan. (f) Annual report to Congress.
-CITE- 47 USC SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS 01/26/98
-EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS .
-HEAD- SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
-SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 229, 1021 of this title; title 18 sections 2518, 2522, 3124.
-CITE- 47 USC Sec. 1001 01/26/98
-EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
-HEAD- Sec. 1001. Definitions
-STATUTE- For purposes of this subchapter - (1) The terms defined in section 2510 of title 18 have, respectively, the meanings stated in that section. (2) The term ''call-identifying information'' means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier. (3) The term ''Commission'' means the Federal Communications Commission. (4) The term ''electronic messaging services'' means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages. (5) The term ''government'' means the government of the United States and any agency or instrumentality thereof, the District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance. (6) The term ''information services'' - (A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and (B) includes - (i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities; (ii) electronic publishing; and (iii) electronic messaging services; but (C) does not include any capability for a telecommunications carrier's internal management, control, or operation of its telecommunications network. (7) The term ''telecommunications support services'' means a product, software, or service used by a telecommunications carrier for the internal signaling or switching functions of its telecommunications network. (8) The term ''telecommunications carrier'' - (A) means a person or entity engaged in the transmission or switching of wire or electronic communications as a common carrier for hire; and (B) includes - (i) a person or entity engaged in providing commercial mobile service (as defined in section 332(d) of this title); or (ii) a person or entity engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of this subchapter; but (C) does not include - (i) persons or entities insofar as they are engaged in providing information services; and (ii) any class or category of telecommunications carriers that the Commission exempts by rule after consultation with the Attorney General.
-SOURCE- (Pub. L. 103-414, title I, Sec. 102, Oct. 25, 1994, 108 Stat. 4279.)
-MISC1- EFFECTIVE DATE Section 111 of title I of Pub. L. 103-414 provided that: ''(a) In General. - Except as provided in subsection (b), this title (enacting this subchapter and provisions set out below) shall take effect on the date of enactment of this Act (Oct. 25, 1994). ''(b) Assistance Capability and Systems Security and Integrity Requirements. - Sections 103 and 105 of this title (enacting sections 1002 and 1004 of this title) shall take effect on the date that is 4 years after the date of enactment of this Act.'' SHORT TITLE Section 101 of title I of Pub. L. 103-414 provided that: ''This title (enacting this subchapter and provisions set out as a note above) may be cited as the 'Communications Assistance for Law Enforcement Act'.''
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 2522.
-CITE- 47 USC Sec. 1002 01/26/98
-EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
-HEAD- Sec. 1002. Assistance capability requirements
-STATUTE- (a) Capability requirements Except as provided in subsections (b), (c), and (d) of this section and sections 1007(a) and 1008(b) and (d) of this title, a telecommunications carrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of - (1) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrently with their transmission to or from the subscriber's equipment, facility, or service, or at such later time as may be acceptable to the government; (2) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to access call-identifying information that is reasonably available to the carrier - (A) before, during, or immediately after the transmission of a wire or electronic communication (or at such later time as may be acceptable to the government); and (B) in a manner that allows it to be associated with the communication to which it pertains, except that, with regard to information acquired solely pursuant to the authority for pen registers and trap and trace devices (as defined in section 3127 of title 18), such call-identifying information shall not include any information that may disclose the physical location of the subscriber (except to the extent that the location may be determined from the telephone number); (3) delivering intercepted communications and call-identifying information to the government, pursuant to a court order or other lawful authorization, in a format such that they may be transmitted by means of equipment, facilities, or services procured by the government to a location other than the premises of the carrier; and (4) facilitating authorized communications interceptions and access to call-identifying information unobtrusively and with a minimum of interference with any subscriber's telecommunications service and in a manner that protects - (A) the privacy and security of communications and call-identifying information not authorized to be intercepted; and (B) information regarding the government's interception of communications and access to call-identifying information. (b) Limitations (1) Design of features and systems configurations This subchapter does not authorize any law enforcement agency or officer - (A) to require any specific design of equipment, facilities, services, features, or system configurations to be adopted by any provider of a wire or electronic communication service, any manufacturer of telecommunications equipment, or any provider of telecommunications support services; or (B) to prohibit the adoption of any equipment, facility, service, or feature by any provider of a wire or electronic communication service, any manufacturer of telecommunications equipment, or any provider of telecommunications support services. (2) Information services; private networks and interconnection services and facilities The requirements of subsection (a) of this section do not apply to - (A) information services; or (B) equipment, facilities, or services that support the transport or switching of communications for private networks or for the sole purpose of interconnecting telecommunications carriers. (3) Encryption A telecommunications carrier shall not be responsible for decrypting, or ensuring the government's ability to decrypt, any communication encrypted by a subscriber or customer, unless the encryption was provided by the carrier and the carrier possesses the information necessary to decrypt the communication. (c) Emergency or exigent circumstances In emergency or exigent circumstances (including those described in sections 2518(7) or (11)(b) and 3125 of title 18 and section 1805(e) of title 50), a carrier at its discretion may comply with subsection (a)(3) of this section by allowing monitoring at its premises if that is the only means of accomplishing the interception or access. (d) Mobile service assistance requirements A telecommunications carrier that is a provider of commercial mobile service (as defined in section 332(d) of this title) offering a feature or service that allows subscribers to redirect, hand off, or assign their wire or electronic communications to another service area or another service provider or to utilize facilities in another service area or of another service provider shall ensure that, when the carrier that had been providing assistance for the interception of wire or electronic communications or access to call-identifying information pursuant to a court order or lawful authorization no longer has access to the content of such communications or call-identifying information within the service area in which interception has been occurring as a result of the subscriber's use of such a feature or service, information is made available to the government (before, during, or immediately after the transfer of such communications) identifying the provider of a wire or electronic communication service that has acquired access to the communications.
-SOURCE- (Pub. L. 103-414, title I, Sec. 103, Oct. 25, 1994, 108 Stat. 4280.)
-MISC1- EFFECTIVE DATE Section effective on the date that is 4 years after Oct. 25, 1994, see section 111(b) of Pub. L. 103-414, set out as a note under section 1001 of this title.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 229, 1005, 1006, 1007, 1008, 1010 of this title.
-CITE- 47 USC Sec. 1003 01/26/98
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-HEAD- Sec. 1003. Notices of capacity requirements
-STATUTE- (a) Notices of maximum and actual capacity requirements (1) In general Not later than 1 year after October 25, 1994, after consulting with State and local law enforcement agencies, telecommunications carriers, providers of telecommunications support services, and manufacturers of telecommunications equipment, and after notice and comment, the Attorney General shall publish in the Federal Register and provide to appropriate telecommunications industry associations and standard-setting organizations - (A) notice of the actual number of communication interceptions, pen registers, and trap and trace devices, representing a portion of the maximum capacity set forth under subparagraph (B), that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously by the date that is 4 years after October 25, 1994; and (B) notice of the maximum capacity required to accommodate all of the communication interceptions, pen registers, and trap and trace devices that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously after the date that is 4 years after October 25, 1994. (2) Basis of notices The notices issued under paragraph (1) - (A) may be based upon the type of equipment, type of service, number of subscribers, type or size or (FOOTNOTE 1) carrier, nature of service area, or any other measure; and (FOOTNOTE 1) So in original. Probably should be ''of''. (B) shall identify, to the maximum extent practicable, the capacity required at specific geographic locations. (b) Compliance with capacity notices (1) Initial capacity Within 3 years after the publication by the Attorney General of a notice of capacity requirements or within 4 years after October 25, 1994, whichever is longer, a telecommunications carrier shall, subject to subsection (e) of this section, ensure that its systems are capable of - (A) accommodating simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under subsection (a)(1)(A) of this section; and (B) expanding to the maximum capacity set forth in the notice under subsection (a)(1)(B) of this section. (2) Expansion to maximum capacity After the date described in paragraph (1), a telecommunications carrier shall, subject to subsection (e) of this section, ensure that it can accommodate expeditiously any increase in the actual number of communication interceptions, pen registers, and trap and trace devices that authorized agencies may seek to conduct and use, up to the maximum capacity requirement set forth in the notice under subsection (a)(1)(B) of this section. (c) Notices of increased maximum capacity requirements (1) Notice The Attorney General shall periodically publish in the Federal Register, after notice and comment, notice of any necessary increases in the maximum capacity requirement set forth in the notice under subsection (a)(1)(B) of this section. (2) Compliance Within 3 years after notice of increased maximum capacity requirements is published under paragraph (1), or within such longer time period as the Attorney General may specify, a telecommunications carrier shall, subject to subsection (e) of this section, ensure that its systems are capable of expanding to the increased maximum capacity set forth in the notice. (d) Carrier statement Within 180 days after the publication by the Attorney General of a notice of capacity requirements pursuant to subsection (a) or (c) of this section, a telecommunications carrier shall submit to the Attorney General a statement identifying any of its systems or services that do not have the capacity to accommodate simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under such subsection. (e) Reimbursement required for compliance The Attorney General shall review the statements submitted under subsection (d) of this section and may, subject to the availability of appropriations, agree to reimburse a telecommunications carrier for costs directly associated with modifications to attain such capacity requirement that are determined to be reasonable in accordance with section 1008(e) of this title. Until the Attorney General agrees to reimburse such carrier for such modification, such carrier shall be considered to be in compliance with the capacity notices under subsection (a) or (c) of this section.
-SOURCE- (Pub. L. 103-414, title I, Sec. 104, Oct. 25, 1994, 108 Stat. 4282.)
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1005, 1008, 1010 of this title.
-CITE- 47 USC Sec. 1004 01/26/98
-EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
-HEAD- Sec. 1004. Systems security and integrity
-STATUTE- A telecommunications carrier shall ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regulations prescribed by the Commission.
-SOURCE- (Pub. L. 103-414, title I, Sec. 105, Oct. 25, 1994, 108 Stat. 4283.)
-MISC1- EFFECTIVE DATE Section effective on the date that is 4 years after Oct. 25, 1994, see section 111(b) of Pub. L. 103-414, set out as a note under section 1001 of this title.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 229 of this title.
-CITE- 47 USC Sec. 1005 01/26/98
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-HEAD- Sec. 1005. Cooperation of equipment manufacturers and providers of telecommunications support services
-STATUTE- (a) Consultation A telecommunications carrier shall consult, as necessary, in a timely fashion with manufacturers of its telecommunications transmission and switching equipment and its providers of telecommunications support services for the purpose of ensuring that current and planned equipment, facilities, and services comply with the capability requirements of section 1002 of this title and the capacity requirements identified by the Attorney General under section 1003 of this title. (b) Cooperation Subject to sections 1003(e), 1007(a), and 1008(b) and (d) of this title, a manufacturer of telecommunications transmission or switching equipment and a provider of telecommunications support services shall, on a reasonably timely basis and at a reasonable charge, make available to the telecommunications carriers using its equipment, facilities, or services such features or modifications as are necessary to permit such carriers to comply with the capability requirements of section 1002 of this title and the capacity requirements identified by the Attorney General under section 1003 of this title.
-SOURCE- (Pub. L. 103-414, title I, Sec. 106, Oct. 25, 1994, 108 Stat. 4284.)
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1006 of this title.
-CITE- 47 USC Sec. 1006 01/26/98
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-HEAD- Sec. 1006. Technical requirements and standards; extension of compliance date
-STATUTE- (a) Safe harbor (1) Consultation To ensure the efficient and industry-wide implementation of the assistance capability requirements under section 1002 of this title, the Attorney General, in coordination with other Federal, State, and local law enforcement agencies, shall consult with appropriate associations and standard-setting organizations of the telecommunications industry, with representatives of users of telecommunications equipment, facilities, and services, and with State utility commissions. (2) Compliance under accepted standards A telecommunications carrier shall be found to be in compliance with the assistance capability requirements under section 1002 of this title, and a manufacturer of telecommunications transmission or switching equipment or a provider of telecommunications support services shall be found to be in compliance with section 1005 of this title, if the carrier, manufacturer, or support service provider is in compliance with publicly available technical requirements or standards adopted by an industry association or standard-setting organization, or by the Commission under subsection (b) of this section, to meet the requirements of section 1002 of this title. (3) Absence of standards The absence of technical requirements or standards for implementing the assistance capability requirements of section 1002 of this title shall not - (A) preclude a telecommunications carrier, manufacturer, or telecommunications support services provider from deploying a technology or service; or (B) relieve a carrier, manufacturer, or telecommunications support services provider of the obligations imposed by section 1002 or 1005 of this title, as applicable. (b) Commission authority If industry associations or standard-setting organizations fail to issue technical requirements or standards or if a Government (FOOTNOTE 1) agency or any other person believes that such requirements or standards are deficient, the agency or person may petition the Commission to establish, by rule, technical requirements or standards that - (FOOTNOTE 1) So in original. Probably should not be capitalized. (1) meet the assistance capability requirements of section 1002 of this title by cost-effective methods; (2) protect the privacy and security of communications not authorized to be intercepted; (3) minimize the cost of such compliance on residential ratepayers; (4) serve the policy of the United States to encourage the provision of new technologies and services to the public; and (5) provide a reasonable time and conditions for compliance with and the transition to any new standard, including defining the obligations of telecommunications carriers under section 1002 of this title during any transition period. (c) Extension of compliance date for equipment, facilities, and services (1) Petition A telecommunications carrier proposing to install or deploy, or having installed or deployed, any equipment, facility, or service prior to the effective date of section 1002 of this title may petition the Commission for 1 or more extensions of the deadline for complying with the assistance capability requirements under section 1002 of this title. (2) Grounds for extension The Commission may, after consultation with the Attorney General, grant an extension under this subsection, if the Commission determines that compliance with the assistance capability requirements under section 1002 of this title is not reasonably achievable through application of technology available within the compliance period. (3) Length of extension An extension under this subsection shall extend for no longer than the earlier of - (A) the date determined by the Commission as necessary for the carrier to comply with the assistance capability requirements under section 1002 of this title; or (B) the date that is 2 years after the date on which the extension is granted. (4) Applicability of extension An extension under this subsection shall apply to only that part of the carrier's business on which the new equipment, facility, or service is used.
-SOURCE- (Pub. L. 103-414, title I, Sec. 107, Oct. 25, 1994, 108 Stat. 4284.)
-REFTEXT- REFERENCES IN TEXT The effective date of section 1002 of this title, referred to in subsec. (c)(1), is the date that is 4 years after Oct. 25, 1994, see section 111(b) of Pub. L. 103-414, set out as an Effective Date note under section 1001 of this title.
-CITE- 47 USC Sec. 1007 01/26/98
-EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
-HEAD- Sec. 1007. Enforcement orders
-STATUTE- (a) Grounds for issuance A court shall issue an order enforcing this subchapter under section 2522 of title 18 only if the court finds that - (1) alternative technologies or capabilities or the facilities of another carrier are not reasonably available to law enforcement for implementing the interception of communications or access to call-identifying information; and (2) compliance with the requirements of this subchapter is reasonably achievable through the application of available technology to the equipment, facility, or service at issue or would have been reasonably achievable if timely action had been taken. (b) Time for compliance Upon issuing an order enforcing this subchapter, the court shall specify a reasonable time and conditions for complying with its order, considering the good faith efforts to comply in a timely manner, any effect on the carrier's, manufacturer's, or service provider's ability to continue to do business, the degree of culpability or delay in undertaking efforts to comply, and such other matters as justice may require. (c) Limitations An order enforcing this subchapter may not - (1) require a telecommunications carrier to meet the Government's (FOOTNOTE 1) demand for interception of communications and acquisition of call-identifying information to any extent in excess of the capacity for which the Attorney General has agreed to reimburse such carrier; (FOOTNOTE 1) So in original. Probably should not be capitalized. (2) require any telecommunications carrier to comply with assistance capability requirement (FOOTNOTE 2) of section 1002 of this title if the Commission has determined (pursuant to section 1008(b)(1) of this title) that compliance is not reasonably achievable, unless the Attorney General has agreed (pursuant to section 1008(b)(2) of this title) to pay the costs described in section 1008(b)(2)(A) of this title; or (FOOTNOTE 2) So in original. Probably should be ''requirements''. (3) require a telecommunications carrier to modify, for the purpose of complying with the assistance capability requirements of section 1002 of this title, any equipment, facility, or service deployed on or before January 1, 1995, unless - (A) the Attorney General has agreed to pay the telecommunications carrier for all reasonable costs directly associated with modifications necessary to bring the equipment, facility, or service into compliance with those requirements; or (B) the equipment, facility, or service has been replaced or significantly upgraded or otherwise undergoes major modification.
-SOURCE- (Pub. L. 103-414, title I, Sec. 108, Oct. 25, 1994, 108 Stat. 4285.)
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1002, 1005 of this title; title 18 section 2522.
-CITE- 47 USC Sec. 1008 01/26/98
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-HEAD- Sec. 1008. Payment of costs of telecommunications carriers to comply with capability requirements
-STATUTE- (a) Equipment, facilities, and services deployed on or before January 1, 1995 The Attorney General may, subject to the availability of appropriations, agree to pay telecommunications carriers for all reasonable costs directly associated with the modifications performed by carriers in connection with equipment, facilities, and services installed or deployed on or before January 1, 1995, to establish the capabilities necessary to comply with section 1002 of this title. (b) Equipment, facilities, and services deployed after January 1, 1995 (1) Determinations of reasonably achievable The Commission, on petition from a telecommunications carrier or any other interested person, and after notice to the Attorney General, shall determine whether compliance with the assistance capability requirements of section 1002 of this title is reasonably achievable with respect to any equipment, facility, or service installed or deployed after January 1, 1995. The Commission shall make such determination within 1 year after the date such petition is filed. In making such determination, the Commission shall determine whether compliance would impose significant difficulty or expense on the carrier or on the users of the carrier's systems and shall consider the following factors: (A) The effect on public safety and national security. (B) The effect on rates for basic residential telephone service. (C) The need to protect the privacy and security of communications not authorized to be intercepted. (D) The need to achieve the capability assistance requirements of section 1002 of this title by cost-effective methods. (E) The effect on the nature and cost of the equipment, facility, or service at issue. (F) The effect on the operation of the equipment, facility, or service at issue. (G) The policy of the United States to encourage the provision of new technologies and services to the public. (H) The financial resources of the telecommunications carrier. (I) The effect on competition in the provision of telecommunications services. (J) The extent to which the design and development of the equipment, facility, or service was initiated before January 1, 1995. (K) Such other factors as the Commission determines are appropriate. (2) Compensation If compliance with the assistance capability requirements of section 1002 of this title is not reasonably achievable with respect to equipment, facilities, or services deployed after January 1, 1995 - (A) the Attorney General, on application of a telecommunications carrier, may agree, subject to the availability of appropriations, to pay the telecommunications carrier for the additional reasonable costs of making compliance with such assistance capability requirements reasonably achievable; and (B) if the Attorney General does not agree to pay such costs, the telecommunications carrier shall be deemed to be in compliance with such capability requirements. (c) Allocation of funds for payment The Attorney General shall allocate funds appropriated to carry out this subchapter in accordance with law enforcement priorities determined by the Attorney General. (d) Failure to make payment with respect to equipment, facilities, and services deployed on or before January 1, 1995 If a carrier has requested payment in accordance with procedures promulgated pursuant to subsection (e) of this section, and the Attorney General has not agreed to pay the telecommunications carrier for all reasonable costs directly associated with modifications necessary to bring any equipment, facility, or service deployed on or before January 1, 1995, into compliance with the assistance capability requirements of section 1002 of this title, such equipment, facility, or service shall be considered to be in compliance with the assistance capability requirements of section 1002 of this title until the equipment, facility, or service is replaced or significantly upgraded or otherwise undergoes major modification. (e) Cost control regulations (1) In general The Attorney General shall, after notice and comment, establish regulations necessary to effectuate timely and cost-efficient payment to telecommunications carriers under this subchapter, under chapters 119 and 121 of title 18, and under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (2) Contents of regulations The Attorney General, after consultation with the Commission, shall prescribe regulations for purposes of determining reasonable costs under this subchapter. Such regulations shall seek to minimize the cost to the Federal Government and shall - (A) permit recovery from the Federal Government of - (i) the direct costs of developing the modifications described in subsection (a) of this section, of providing the capabilities requested under subsection (b)(2) of this section, or of providing the capacities requested under section 1003(e) of this title, but only to the extent that such costs have not been recovered from any other governmental or nongovernmental entity; (ii) the costs of training personnel in the use of such capabilities or capacities; and (iii) the direct costs of deploying or installing such capabilities or capacities; (B) in the case of any modification that may be used for any purpose other than lawfully authorized electronic surveillance by a law enforcement agency of a government, permit recovery of only the incremental cost of making the modification suitable for such law enforcement purposes; and (C) maintain the confidentiality of trade secrets. (3) Submission of claims Such regulations shall require any telecommunications carrier that the Attorney General has agreed to pay for modifications pursuant to this section and that has installed or deployed such modification to submit to the Attorney General a claim for payment that contains or is accompanied by such information as the Attorney General may require.
-SOURCE- (Pub. L. 103-414, title I, Sec. 109, Oct. 25, 1994, 108 Stat. 4286.)
-REFTEXT- REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (e)(1), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as amended, which is classified principally to chapter 36 (Sec. 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables.
-SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 158, 1002, 1003, 1005, 1007, 1010, 1021 of this title.
-CITE- 47 USC Sec. 1009 01/26/98
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-HEAD- Sec. 1009. Authorization of appropriations
-STATUTE- There are authorized to be appropriated to carry out this subchapter a total of $500,000,000 for fiscal years 1995, 1996, 1997, and 1998. Such sums are authorized to remain available until expended.
-SOURCE- (Pub. L. 103-414, title I, Sec. 110, Oct. 25, 1994, 108 Stat. 4288.)
-CITE- 47 USC Sec. 1010 01/26/98
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-HEAD- Sec. 1010. Reports
-STATUTE- (a) Reports by Attorney General (1) In general On or before November 30, 1995, and on or before November 30 of each year thereafter, the Attorney General shall submit to Congress and make available to the public a report on the amounts paid during the preceding fiscal year to telecommunications carriers under sections 1003(e) and 1008 of this title. (2) Contents A report under paragraph (1) shall include - (A) a detailed accounting of the amounts paid to each carrier and the equipment, facility, or service for which the amounts were paid; and (B) projections of the amounts expected to be paid in the current fiscal year, the carriers to which payment is expected to be made, and the equipment, facilities, or services for which payment is expected to be made. (b) Reports by Comptroller General and Inspector General (1) On or before April 1, 1996, the Comptroller General of the United States, and every two years thereafter, the Inspector General of the Department of Justice, shall submit to the Congress a report, after consultation with the Attorney General and the telecommunications industry - (A) describing the type of equipment, facilities, and services that have been brought into compliance under this subchapter; and (B) reflecting its analysis of the reasonableness and cost-effectiveness of the payments made by the Attorney General to telecommunications carriers for modifications necessary to ensure compliance with this subchapter. (2) Compliance cost estimates. - A report under paragraph (1) shall include findings and conclusions on the costs to be incurred by telecommunications carriers to comply with the assistance capability requirements of section 1002 of this title after the effective date of such section 1002 of this title, including projections of the amounts expected to be incurred and a description of the equipment, facilities, or services for which they are expected to be incurred.
-SOURCE- (Pub. L. 103-414, title I, Sec. 112, Oct. 25, 1994, 108 Stat. 4288; Pub. L. 104-316, title I, Sec. 126(b), Oct. 19, 1996, 110 Stat. 3840.)
-REFTEXT- REFERENCES IN TEXT The effective date of section 1002 of this title, referred to in subsec. (b)(2), is the date that is 4 years after Oct. 25, 1994, see section 111(b) of Pub. L. 103-414, set out as an Effective Date note under section 1001 of this title.
-MISC2- AMENDMENTS 1996 - Subsec. (b)(1). Pub. L. 104-316, Sec. 126(b)(1), inserted introductory provisions and struck out heading and text of former introductory provisions. Text read as follows: ''On or before April 1, 1996, and every 2 years thereafter, the Comptroller General of the United States, after consultation with the Attorney General and the telecommunications industry, shall submit to the Congress a report - ''. Subsec. (b)(2). Pub. L. 104-316, Sec. 126(b)(2), substituted ''findings and conclusions'' for ''the findings and conclusions of the Comptroller General''.
-CITE- 47 USC SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS 01/26/98
-EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS .
-HEAD- SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS
-CITE- 47 USC Sec. 1021 01/26/98
-EXPCITE- TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS
-HEAD- Sec. 1021. Department of Justice Telecommunications Carrier Compliance Fund
-STATUTE- (a) Establishment of Fund There is hereby established in the United States Treasury a fund to be known as the Department of Justice Telecommunications Carrier Compliance Fund (hereafter referred to as ''the Fund''), which shall be available without fiscal year limitation to the Attorney General for making payments to telecommunications carriers, equipment manufacturers, and providers of telecommunications support services pursuant to section 1008 of this title. (b) Deposits to Fund Notwithstanding any other provision of law, any agency of the United States with law enforcement or intelligence responsibilities may deposit as offsetting collections to the Fund any unobligated balances that are available until expended, upon compliance with any Congressional notification requirements for reprogrammings of funds applicable to the appropriation from which the deposit is to be made. (c) Termination (1) The Attorney General may terminate the Fund at such time as the Attorney General determines that the Fund is no longer necessary. (2) Any balance in the Fund at the time of its termination shall be deposited in the General Fund of the Treasury. (3) A decision of the Attorney General to terminate the Fund shall not be subject to judicial review. (d) Availability of funds for expenditure Funds shall not be available for obligation unless an implementation plan as set forth in subsection (e) of this section is submitted to each member of the Committees on the Judiciary and Appropriations of both the House of Representatives and the Senate and the Congress does not by law block or prevent the obligation of such funds. Such funds shall be treated as a reprogramming of funds under section 605 of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section and this section. (e) Implementation plan The implementation plan shall include: (1) the law enforcement assistance capability requirements and an explanation of law enforcement's recommended interface; (2) the proposed actual and maximum capacity requirements for the number of simultaneous law enforcement communications intercepts, pen registers, and trap and trace devices that authorized law enforcement agencies may seek to conduct, set forth on a county-by-county basis for wireline services and on a market service area basis for wireless services, and the historical baseline of electronic surveillance activity upon which such capacity requirements are based; (3) a prioritized list of carrier equipment, facilities, and services deployed on or before January 1, 1995, to be modified by carriers at the request of law enforcement based on its investigative needs; (4) a projected reimbursement plan that estimates the cost for the coming fiscal year and for each fiscal year thereafter, based on the prioritization of law enforcement needs as outlined in (3), (FOOTNOTE 1) of modification by carriers of equipment, facilities and services, installed on or before January 1, 1995. (FOOTNOTE 1) So in original. Probably should be ''paragraph (3),''. (f) Annual report to Congress The Attorney General shall submit to the Congress each year a report specifically detailing all deposits and expenditures made pursuant to subchapter I (FOOTNOTE 2) of this chapter in each fiscal year. This report shall be submitted to each member of the Committees on the Judiciary and Appropriations of both the House of Representatives and the Senate, and to the Speaker and minority leader of the House of Representatives and to the majority and minority leaders of the Senate, no later than 60 days after the end of each fiscal year. (FOOTNOTE 2) See References in Text note below.
-SOURCE- (Pub. L. 103-414, title IV, Sec. 401, as added Pub. L. 104-208, div. A, title I, Sec. 101(a) (title I, Sec. 110), Sept. 30, 1996, 110 Stat. 3009, 3009-19.)
-REFTEXT- REFERENCES IN TEXT Section 605 of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, referred to in subsec. (d), probably means section 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, Pub. L. 104-208, div. A, title I, Sec. 101(a) (title VI), Sept. 30, 1996, 110 Stat. 3009, 3009-64, which is not classified to the Code. Subchapter I of this chapter, referred to in subsec. (f), was in the original ''this Act'' and was translated as reading ''title I of this Act'', meaning title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat. 4279, which is classified to subchapter I of this chapter, to reflect the probable intent of Congress.
[End]
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