8 August 1999
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

See also: Stored Wire and Electronic Communications and Transactional Records Access - 18 USC Chapter 121

Pen Registers and Trap and Trace Devices - 18 USC Chapter 206


From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 27, 1998]
[Document not affected by Public Laws enacted between
  January 27, 1998 and November 30, 1998]
[CITE: 18USC]


                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                             PART I--CRIMES

    CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

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        Repealed.]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.


[Appended by JYA] 18USC1029 Fraud and related activity in connection with access devices 18USC2232 Destruction or removal of property to prevent seizure 47USC605 Unauthorized publication or use of communications 47USC1008 Payment of costs of telecommunications carriers to comply with capability requirements
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, Secs. 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. 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: 18USC2511] Sec. 2511. Interception and disclosure of wire, oral, or electronic communications prohibited (1) Except as otherwise specifically provided in this chapter any person who-- (a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when-- (i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or (ii) such device transmits communications by radio, or interferes with the transmission of such communication; or (iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or (iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; (c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (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. (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, Secs. 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, Secs. 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.) 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. 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. Section Referred to in Other Sections This section is referred to in sections 2513, 2516, 2520, 2702, 2707 of this title.
[CITE: 18USC2512] Sec. 2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited (1) Except as otherwise specifically provided in this chapter, any person who intentionally-- (a) sends through the mail, or sends or carries in interstate or foreign commerce, any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; (b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, and that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or (c) places in any newspaper, magazine, handbill, or other publication any advertisement of-- (i) any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; or (ii) any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire, oral, or electronic communications, knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce, shall be fined 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. (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, Secs. 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.) 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. Section Referred to in Other Sections This section is referred to in sections 2513, 2516 of this title.
[CITE: 18USC2513] Sec. 2513. Confiscation of wire, oral, or electronic communication intercepting devices Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of section 2511 or section 2512 of this chapter may be seized and forfeited to the United States. All provisions of law relating to (1) the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with respect to seizure and forfeiture of electronic, mechanical, or other intercepting devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. (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.) 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: 18USC2514] [Sec. 2514. Repealed. Pub. L. 91-452, title II, Sec. 227(a), Oct. 15, 1970, 84 Stat. 930] 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: 18USC2515] Sec. 2515. Prohibition of use as evidence of intercepted wire or oral communications Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter. (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 216.)
[CITE: 18USC2516] Sec. 2516. Authorization for interception of wire, oral, or electronic communications (1) The Attorney General, Deputy Attorney General, Associate Attorney General,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-- --------------------------------------------------------------------------- 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) 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 --------------------------------------------------------------------------- 2 So in original. Two subpars. (p) have been enacted. --------------------------------------------------------------------------- (p) 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. (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, Secs. 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, Secs. 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, Secs. 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, Secs. 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.) References in Text The Atomic Energy Act of 1954, referred to in par. (1)(a), is act Aug. 30, 1954, ch. 1073, 68 Stat. 921, as 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. Amendments 1996--Par. (1)(a). 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),'' was executed by making the insertion in par. (1)(a) to reflect the probable intent of Congress. Par. (1)(c). 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. Section Referred to in Other Sections This section is referred to in sections 2511, 2518 of this title; title 28 section 594.
[CITE: 18USC2517] Sec. 2517. Authorization for disclosure and use of intercepted wire, oral, or electronic communications (1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. (2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties. (3) Any person who has received, by any means authorized by this chapter, any information concerning a wire, oral, or electronic communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the United States or of any State or political subdivision thereof. (4) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character. (5) When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized herein, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable. (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.) 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. Section Referred to in Other Sections This section is referred to in sections 2511, 2518, 2702 of this title.
[CITE: 18USC2518] Sec. 2518. Procedure for interception of wire, oral, or electronic communications (1) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant's authority to make such application. Each application shall include the following information: (a) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application; (b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including (i) details as to the particular offense that has been, is being, or is about to be committed, (ii) except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted; (c) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; (d) a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (e) a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and (f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results. (2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. (3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting (and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction), if the judge determines on the basis of the facts submitted by the applicant that-- (a) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter; (b) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception; (c) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; (d) except as provided in subsection (11), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person. (4) Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify-- (a) the identity of the person, if known, whose communications are to be intercepted; (b) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; (d) the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and (e) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. An order authorizing the interception of a wire, oral, or electronic communication under this chapter shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance. 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 of a purpose, on the part of that person, to thwart interception by changing facilities; and (iii) the judge finds that such purpose has been adequately shown. (12) An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11) shall not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (11)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously. (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, Secs. 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.) 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. Amendments 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, Secs. 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, Secs. 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, Secs. 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, Secs. 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. 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: 18USC2519] Sec. 2519. Reports concerning intercepted wire, oral, or electronic communications (1) Within thirty days after the expiration of an order (or each extension thereof) entered under section 2518, or the denial of an order approving an interception, the issuing or denying judge shall report to the Administrative Office of the United States Courts-- (a) the fact that an order or extension was applied for; (b) the kind of order or extension applied for (including whether or not the order was an order with respect to which the requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title did not apply by reason of section 2518(11) of this title); (c) the fact that the order or extension was granted as applied for, was modified, or was denied; (d) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; (e) the offense specified in the order or application, or extension of an order; (f) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and (g) the nature of the facilities from which or the place where communications were to be intercepted. (2) In January of each year the Attorney General, an Assistant Attorney General specially designated by the Attorney General, or the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to the Administrative Office of the United States Courts-- (a) the information required by paragraphs (a) through (g) of subsection (1) of this section with respect to each application for an order or extension made during the preceding calendar year; (b) a general description of the interceptions made under such order or extension, including (i) the approximate nature and frequency of incriminating communications intercepted, (ii) the approximate nature and frequency of other communications intercepted, (iii) the approximate number of persons whose communications were intercepted, and (iv) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions; (c) the number of arrests resulting from interceptions made under such order or extension, and the offenses for which arrests were made; (d) the number of trials resulting from such interceptions; (e) the number of motions to suppress made with respect to such interceptions, and the number granted or denied; (f) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and (g) the information required by paragraphs (b) through (f) of this subsection with respect to orders or extensions obtained in a preceding calendar year. (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. (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, Secs. 101(c)(1)(A), 106(d)(4), Oct. 21, 1986, 100 Stat. 1851, 1857.) 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: 18USC2520] Sec. 2520. Recovery of civil damages authorized (a) In General.--Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity which engaged in that violation such relief as may be appropriate. (b) Relief.--In an action under this section, appropriate relief includes-- (1) such preliminary and other equitable or declaratory relief as may be appropriate; (2) damages under subsection (c) and punitive damages in appropriate cases; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred. (c) Computation of Damages.--(1) In an action under this section, if the conduct in violation of this chapter is the private viewing of a private satellite video communication that is not scrambled or encrypted or if the communication is a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the court shall assess damages as follows: (A) If the person who engaged in that conduct has not previously been enjoined under section 2511(5) and has not been found liable in a prior civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $50 and not more than $500. (B) If, on one prior occasion, the person who engaged in that conduct has been enjoined under section 2511(5) or has been found liable in a civil action under this section, the court shall assess the greater of the sum of actual damages suffered by the plaintiff, or statutory damages of not less than $100 and not more than $1000. (2) In any other action under this section, the court may assess as damages whichever is the greater of-- (A) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or (B) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000. (d) Defense.--A good faith reliance on-- (1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; (2) a request of an investigative or law enforcement officer under section 2518(7) of this title; or (3) a good faith determination that section 2511(3) of this title permitted the conduct complained of; is a complete defense against any civil or criminal action brought under this chapter or any other law. (e) Limitation.--A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. (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.) 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. Section Referred to in Other Sections This section is referred to in section 2511 of this title.
[CITE: 18USC2521] Sec. 2521. Injunction against illegal interception Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this chapter, the Attorney General may initiate a civil action in a district court of the United States to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure. (Added Pub. L. 99-508, title I, Sec. 110(a), Oct. 21, 1986, 100 Stat. 1859.) 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. 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: 18USC2522] Sec. 2522. Enforcement of the Communications Assistance for Law Enforcement Act (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. (Added Pub. L. 103-414, title II, Sec. 201(a), Oct. 25, 1994, 108 Stat. 4289.) 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. Section Referred to in Other Sections This section is referred to in sections 2518, 3124 of this title; title 47 section 1007.
[Appended by JYA] [CITE: 18USC1029] TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART I--CRIMES CHAPTER 47--FRAUD AND FALSE STATEMENTS Sec. 1029. Fraud and related activity in connection with access devices (a) Whoever-- (1) knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices; (2) knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period; (3) knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices; (4) knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment; (5) knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000; (6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of-- (A) offering an access device; or (B) selling information regarding or an application to obtain an access device; (7) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services; (8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses-- (A) a scanning receiver; or (B) hardware or software used for altering or modifying telecommunications instruments to obtain unauthorized access to telecommunications services,\1\ or --------------------------------------------------------------------------- \1\ So in original. The comma probably should be a semicolon. (9) without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, 1 or more evidences or records of transactions made by --------------------------------------------------------------------------- an access device; shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section. (b)(1) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section. (2) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both. (c) The punishment for an offense under subsection (a) or (b)(1) of this section is-- (1) a fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (3), (5), (6), (7), (8), or (9) of this section which does not occur after a conviction for another offense under either such subsection, or an attempt to commit an offense punishable under this paragraph; (2) a fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment for not more than fifteen years, or both, in the case of an offense under subsection (a)(1), (4), (5), (6), (7), or (8) of this section which does not occur after a conviction for another offense under either such subsection, or an attempt to commit an offense punishable under this paragraph; and (3) a fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a) of this section which occurs after a conviction for another offense under such subsection, or an attempt to commit an offense punishable under this paragraph. (d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. (e) As used in this section-- (1) the term ``access device'' means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument); (2) the term ``counterfeit access device'' means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device; (3) the term ``unauthorized access device'' means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud; (4) the term ``produce'' includes design, alter, authenticate, duplicate, or assemble; (5) the term ``traffic'' means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of; (6) the term ``device-making equipment'' means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device; and (7) the term ``credit card system member'' means a financial institution or other entity that is a member of a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system. (8) the term ``scanning receiver'' means a device or apparatus that can be used to intercept a wire or electronic communication in violation of chapter 119. (f) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. For purposes of this subsection, the term ``State'' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Added Pub. L. 98-473, title II, Sec. 1602(a), Oct. 12, 1984, 98 Stat. 2183; amended Pub. L. 99-646, Sec. 44(b), Nov. 10, 1986, 100 Stat. 3601; Pub. L. 101-647, title XII, Sec. 1205(f), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 103-322, title XXV, Sec. 250007, title XXXIII, Sec. 330016(2)(I), Sept. 13, 1994, 108 Stat. 2087, 2148; Pub. L. 103- 414, title II, Sec. 206, Oct. 25, 1994, 108 Stat. 4291; Pub. L. 104-294, title VI, Sec. 601(l), Oct. 11, 1996, 110 Stat. 3501.) Amendments 1996--Subsec. (a)(5). Pub. L. 104-294, Sec. 601(l)(1)(A), redesignated par. (5), relating to instruments that have been modified or altered to obtain unauthorized access to telecommunications services, as (7). Subsec. (a)(6). Pub. L. 104-294, Sec. 601(l)(1)(C), in par. (6) relating to solicitations, struck out ``or'' at end. Pub. L. 104-294, Sec. 601(l)(1)(A), redesignated par. (6), relating to scanning receivers or other hardware or software used to obtain unauthorized access to telecommunications services, as (8). Subsec. (a)(7). Pub. L. 104-294, Sec. 601(l)(1)(A), (C), redesignated par. (5), relating to instruments that have been modified or altered to obtain unauthorized access to telecommunications services, as (7), and struck out ``or'' at end. Par. transferred to appear in numerical order to reflect probable intent of Congress. Former par. (7) redesignated (9). Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated par. (7) as (9). Subsec. (a)(8). Pub. L. 104-294, Sec. 601(l)(1)(A), (D), redesignated par. (6), relating to scanning receivers or other hardware or software used to obtain unauthorized access to telecommunications services, as (8) and inserted ``or'' at end. Par. transferred to appear in numerical order to reflect probable intent of Congress. Subsec. (a)(9). Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated par. (7) as (9). Subsec. (c)(1). Pub. L. 104-294, Sec. 601(l)(3)(A), substituted ``(7), (8), or (9)'' for ``or (7)''. Subsec. (c)(2). Pub. L. 104-294, Sec. 601(l)(3)(B), substituted ``(6), (7), or (8)'' for ``or (6)''. Subsec. (e)(7), (8). Pub. L. 104-294, Sec. 601(l)(2), redesignated par. (7), defining ``scanning receiver'', as (8). 1994--Subsec. (a)(3). Pub. L. 103-322, Sec. 250007(1)(A), and Pub. L. 103-414, Sec. 206(a)(1), amended par. (3) identically, striking ``or'' at end. Subsec. (a)(5). Pub. L. 103-414, Sec. 206(a)(2), added par. (5) relating to instruments that have been modified or altered to obtain unauthorized use of telecommunications services. Pub. L. 103-322, Sec. 250007(1)(B), added par. (5) relating to transactions involving use of access devices issued to persons other than user. Subsec. (a)(6). Pub. L. 103-414, Sec. 206(a)(2), added par. (6) relating to scanning receivers or other hardware or software used to obtain unauthorized access to telecommunications services. Pub. L. 103-322, Sec. 250007(1)(B), added par. (6) relating to solicitations which offer access devices or information regarding access devices. Subsec. (a)(7). Pub. L. 103-322, Sec. 250007(1)(B), added par. (7). Subsec. (c)(1). Pub. L. 103-322, Sec. 330016(2)(I), substituted ``fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment'' for ``fine of not more than the greater of $10,000 or twice the value obtained by the offense or imprisonment''. Pub. L. 103-322, Sec. 250007(2), substituted ``(a)(2), (3), (5), (6), or (7)'' for ``(a)(2) or (a)(3)''. Subsec. (c)(2). Pub. L. 103-414, Sec. 206(b), substituted ``(a)(1), (4), (5), or (6)'' for ``(a)(1) or (a)(4)''. Pub. L. 103-322, Sec. 330016(2)(I), substituted ``fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment'' for ``fine of not more than the greater of $50,000 or twice the value obtained by the offense or imprisonment''. Subsec. (c)(3). Pub. L. 103-322, Sec. 330016(2)(I), substituted ``fine under this title or twice the value obtained by the offense, whichever is greater, or imprisonment'' for ``fine of not more than the greater of $100,000 or twice the value obtained by the offense or imprisonment''. Subsec. (e)(1). Pub. L. 103-414, Sec. 206(c)(1), inserted ``electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier,'' after ``account number,''. Subsec. (e)(5), (6). Pub. L. 103-322, Sec. 250007(3)(A), (B), and Pub. L. 103-414, Sec. 206(c)(2), (3), amended subsec. (e) identically, striking ``and'' at end of par. (5) and substituting ``; and'' for period at end of par. (6). Subsec. (e)(7). Pub. L. 103-414, Sec. 206(c)(4), added par. (7) defining ``scanning receiver''. Pub. L. 103-322, Sec. 250007(3)(C), added par. (7) defining ``credit card system member''. 1990--Subsec. (f). Pub. L. 101-647 inserted at end ``For purposes of this subsection, the term `State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.'' 1986--Subsec. (f). Pub. L. 99-646 which directed that subsec. (f) be amended by substituting ``chapter 224 of this title'' for ``title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)'' was executed by making the substitution for ``title V of the Organized Crime Control Act of 1970) 18 U.S.C. note prec. 3481)'' to reflect the probable intent of Congress. Report to Congress Section 1603 of Pub. L. 98-473 directed Attorney General to report to Congress annually, during first three years following Oct. 12, 1984, concerning prosecutions under this section. Section Referred to in Other Sections This section is referred to in sections 981, 982, 1030, 1961, 2326, 2516 of this title; title 31 section 9703.
[CITE: 18USC2232] TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART I--CRIMES CHAPTER 109--SEARCHES AND SEIZURES Sec. 2232. Destruction or removal of property to prevent seizure (a) Physical Interference With Search.--Whoever, before, during, or after seizure of any property by any person authorized to make searches and seizures, in order to prevent the seizure or securing of any goods, wares, or merchandise by such person, staves, breaks, throws overboard, destroys, or removes the same, shall be fined under this title or imprisoned not more than five years, or both. (b) Notice of Search.--Whoever, having knowledge that any person authorized to make searches and seizures has been authorized or is otherwise likely to make a search or seizure, in order to prevent the authorized seizing or securing of any person, goods, wares, merchandise or other property, gives notice or attempts to give notice of the possible search or seizure to any person shall be fined under this title or imprisoned not more than five years, or both. (c) Notice of Certain Electronic Surveillance.--Whoever, having knowledge that a Federal investigative or law enforcement officer has been authorized or has applied for authorization under chapter 119 to intercept a wire, oral, or electronic communication, in order to obstruct, impede, or prevent such interception, gives notice or attempts to give notice of the possible interception to any person shall be fined under this title or imprisoned not more than five years, or both. Whoever, having knowledge that a Federal officer has been authorized or has applied for authorization to conduct electronic surveillance under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et seq.), in order to obstruct, impede, or prevent such activity, gives notice or attempts to give notice of the possible activity to any person shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 802; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 1103, 98 Stat. 2143; Oct. 21, 1986, Pub. L. 99-508, title I, Sec. 109, 100 Stat. 1858; Nov. 10, 1986, Pub. L. 99-646, Sec. 33, 100 Stat. 3598; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7066, 102 Stat. 4404; Sept. 13, 1994, Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), 108 Stat. 2147.) Historical and Revision Notes Based on title 18, U.S.C., 1940 ed., Sec. 121 (Mar. 4, 1909, ch. 321, Sec. 65, 35 Stat. 1100). Section was formed from the words following the first semicolon and ending with the second semicolon, in section 121 of title 18, U.S.C., 1940 ed. The remaining provisions of section 121 of title 18, U.S.C., 1940 ed., relating to assaulting, resisting, or interfering with customs officers, revenue officers, or other persons, and to the rescue of seized property, constitute, along with provisions from other sections, sections 2231 and 2233 of this title. Minor changes were made in phraseology. References in Text The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (c), 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. Amendments 1994--Subsecs. (a), (b). Pub. L. 103-322 substituted ``fined under this title'' for ``fined not more than $10,000''. 1988--Subsec. (c). Pub. L. 100-690 inserted ``of 1978'' after ``Surveillance Act''. 1986--Pub. L. 99-646 directed the designation of first and second pars. as subsecs. (a) and (b), respectively, which had been previously so designated by Pub. L. 99-508, and substituted ``imprisoned not'' for ``imprisoned'' in subsec. (a). Pub. L. 99-508 designated first and second pars. as subsecs. (a) and (b), respectively, and inserted headings, and added subsec. (c). 1984--Pub. L. 98-473, Sec. 1103(a), substituted provisions raising the maximum fine from $2,000 to $10,000 and raising the maximum term of imprisonment from two years to five years. Pub. L. 98-473, Sec. 1103(b), inserted paragraph relating to the penalties for warning the subject of a search. 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: 47USC605] TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5--WIRE OR RADIO COMMUNICATION SUBCHAPTER VI--MISCELLANEOUS PROVISIONS Sec. 605. Unauthorized publication or use of communications (a) Practices prohibited Except as authorized by chapter 119, title 18, no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, (1) to any person other than the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master of a ship under whom he is serving, (5) in response to a subpena issued by a court of competent jurisdiction, or (6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. This section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication which is transmitted by any station for the use of the general public, which relates to ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator. (b) Exceptions The provisions of subsection (a) of this section shall not apply to the interception or receipt by any individual, or the assisting (including the manufacture or sale) of such interception or receipt, of any satellite cable programming for private viewing if-- (1) the programming involved is not encrypted; and (2)(A) a marketing system is not established under which-- (i) an agent or agents have been lawfully designated for the purpose of authorizing private viewing by individuals, and (ii) such authorization is available to the individual involved from the appropriate agent or agents; or (B) a marketing system described in subparagraph (A) is established and the individuals receiving such programming has obtained authorization for private viewing under that system. (c) Scrambling of Public Broadcasting Service programming No person shall encrypt or continue to encrypt satellite delivered programs included in the National Program Service of the Public Broadcasting Service and intended for public viewing by retransmission by television broadcast stations; except that as long as at least one unencrypted satellite transmission of any program subject to this subsection is provided, this subsection shall not prohibit additional encrypted satellite transmissions of the same program. (d) Definitions For purposes of this section-- (1) the term ``satellite cable programming'' means video programming which is transmitted via satellite and which is primarily intended for the direct receipt by cable operators for their retransmission to cable subscribers; (2) the term ``agent'', with respect to any person, includes an employee of such person; (3) the term ``encrypt'', when used with respect to satellite cable programming, means to transmit such programming in a form whereby the aural and visual characteristics (or both) are modified or altered for the purpose of preventing the unauthorized receipt of such programming by persons without authorized equipment which is designed to eliminate the effects of such modification or alteration; (4) the term ``private viewing'' means the viewing for private use in an individual's dwelling unit by means of equipment, owned or operated by such individual, capable of receiving satellite cable programming directly from a satellite; (5) the term ``private financial gain'' shall not include the gain resulting to any individual for the private use in such individual's dwelling unit of any programming for which the individual has not obtained authorization for that use; and (6) the term ``any person aggrieved'' shall include any person with proprietary rights in the intercepted communication by wire or radio, including wholesale or retail distributors of satellite cable programming, and, in the case of a violation of paragraph (4) of subsection (e) of this section, shall also include any person engaged in the lawful manufacture, distribution, or sale of equipment necessary to authorize or receive satellite cable programming. (e) Penalties; civil actions; remedies; attorney's fees and costs; computation of damages; regulation by State and local authorities (1) Any person who willfully violates subsection (a) of this section shall be fined not more than $2,000 or imprisoned for not more than 6 months, or both. (2) Any person who violates subsection (a) of this section willfully and for purposes of direct or indirect commercial advantage or private financial gain shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for the first such conviction and shall be fined not more than $100,000 or imprisoned for not more than 5 years, or both, for any subsequent conviction. (3)(A) Any person aggrieved by any violation of subsection (a) of this section or paragraph (4) of this subsection may bring a civil action in a United States district court or in any other court of competent jurisdiction. (B) The court-- (i) may grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a) of this section; (ii) may award damages as described in subparagraph (C); and (iii) shall direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails. (C)(i) Damages awarded by any court under this section shall be computed, at the election of the aggrieved party, in accordance with either of the following subclauses; (I) the party aggrieved may recover the actual damages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in determining the violator's profits, the party aggrieved shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; or (II) the party aggrieved may recover an award of statutory damages for each violation of subsection (a) of this section involved in the action in a sum of not less than $1,000 or more than $10,000, as the court considers just, and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000, or more than $100,000, as the court considers just. (ii) In any case in which the court finds that the violation was committed willfully and for purposes of direct or indirect commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than $100,000 for each violation of subsection (a) of this section. (iii) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $250. (4) Any person who manufactures, assembles, modifies, imports, exports, sells, or distributes any electronic, mechanical, or other device or equipment, knowing or having reason to know that the device or equipment is primarily of assistance in the unauthorized decryption of satellite cable programming, or direct-to-home satellite services, or is intended for any other activity prohibited by subsection (a) of this section, shall be fined not more than $500,000 for each violation, or imprisoned for not more than 5 years for each violation, or both. For purposes of all penalties and remedies established for violations of this paragraph, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation. (5) The penalties under this subsection shall be in addition to those prescribed under any other provision of this subchapter. (6) Nothing in this subsection shall prevent any State, or political subdivision thereof, from enacting or enforcing any laws with respect to the importation, sale, manufacture, or distribution of equipment by any person with the intent of its use to assist in the interception or receipt of radio communications prohibited by subsection (a) of this section. (f) Rights, obligations, and liabilities under other laws unaffected Nothing in this section shall affect any right, obligation, or liability under title 17, any rule, regulation, or order thereunder, or any other applicable Federal, State, or local law. (g) Universal encryption standard The Commission shall initiate an inquiry concerning the need for a universal encryption standard that permits decryption of satellite cable programming intended for private viewing. In conducting such inquiry, the Commission shall take into account-- (1) consumer costs and benefits of any such standard, including consumer investment in equipment in operation; (2) incorporation of technological enhancements, including advanced television formats; (3) whether any such standard would effectively prevent present and future unauthorized decryption of satellite cable programming; (4) the costs and benefits of any such standard on other authorized users of encrypted satellite cable programming, including cable systems and satellite master antenna television systems; (5) the effect of any such standard on competition in the manufacture of decryption equipment; and (6) the impact of the time delay associated with the Commission procedures necessary for establishment of such standards. (h) Rulemaking for encryption standard If the Commission finds, based on the information gathered from the inquiry required by subsection (g) of this section, that a universal encryption standard is necessary and in the public interest, the Commission shall initiate a rulemaking to establish such a standard. (June 19, 1934, ch. 652, title VII, Sec. 705, formerly title VI, Sec. 605, 48 Stat. 1103; June 19, 1968, Pub. L. 90-351, title III, Sec. 803, 82 Stat. 223; Sept. 13, 1982, Pub. L. 97-259, title I, Sec. 126, 96 Stat. 1099; renumbered title VII, Sec. 705, and amended Oct. 30, 1984, Pub. L. 98-549, Secs. 5(a), 6(a), 98 Stat. 2802, 2804; Nov. 7, 1988, Pub. L. 100-626, Sec. 11, 102 Stat. 3211; Nov. 16, 1988, Pub. L. 100-667, title II, Secs. 204, 205, 102 Stat. 3958, 3959; Oct. 25, 1994, Pub. L. 103-414, title III, Secs. 303(a)(25)-(28), 304(a)(15), 108 Stat. 4295-4297; Feb. 8, 1996, Pub. L. 104-104, title II, Sec. 205(a), 110 Stat. 114.) Amendments 1996--Subsec. (e)(4). Pub. L. 104-104 inserted ``or direct-to-home satellite services,'' after ``programming,''. 1994--Subsec. (d)(6). Pub. L. 103-414, Sec. 303(a)(25), substituted ``subsection (e)'' for ``subsection (d)''. Subsec. (e)(3)(A). Pub. L. 103-414, Sec. 303(a)(26), substituted ``paragraph (4) of this subsection'' for ``paragraph (4) of subsection (d) of this section''. Subsec. (f). Pub. L. 103-414, Sec. 303(a)(27), redesignated subsec. (f), relating to universal encryption standard, as (g). Subsec. (g). Pub. L. 103-414, Sec. 304(a)(15), which directed substitution of ``The Commission'' for ``within 6 months after November 16, 1988, the Federal Communications Commission'', was executed by making the substitution in text which read ``Within 6 months'' rather than ``within 6 months'' in introductory provisions to reflect the probable intent of Congress. Pub. L. 103-414, Sec. 303(a)(27), redesignated subsec. (f), relating to universal encryption standard, as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 103-414, Sec. 303(a)(27), (28), redesignated subsec. (g) as (h) and substituted ``subsection (g)'' for ``subsection (f)''. 1988--Subsecs. (c), (d). Pub. L. 100-626 added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(6). Pub. L. 100-667, Sec. 205(1), which directed the addition of par. (6) to subsec. (c), was executed to subsec. (d) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by Pub. L. 100-626. Subsec. (e). Pub. L. 100-667, Sec. 205(2)-(12), which directed the amendment of subsec. (d)(1) to (4) of this section, was executed to subsec. (e)(1) to (4) of this section, see below, to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (e) by Pub. L. 100-626. Pub. L. 100-626 redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 100-667, Sec. 205(2), substituted ``$2,000'' for ``$1,000''. Subsec. (e)(2). Pub. L. 100-667, Sec. 205(3), substituted ``$50,000 or imprisoned for not more than 2 years, or both, for the first such conviction and shall be fined not more than $100,000 or imprisoned for not more than 5 years'' for ``$25,000 or imprisoned for not more than 1 year, or both, for the first such conviction and shall be fined not more than $50,000 or imprisoned for not more than 2 years''. Subsec. (e)(3)(A). Pub. L. 100-667, Sec. 205(4), inserted ``or paragraph (4) of subsection (d) of this section'' before ``may bring''. Subsec. (e)(3)(B). Pub. L. 100-667, Sec. 205(5)-(8), struck out ``may'' after ``The court'' and substituted ``may grant'' for ``grant'' in cl. (i), ``may award'' for ``award'' in cl. (ii), and ``shall direct'' for ``direct'' in cl. (iii). Subsec. (e)(3)(C)(i)(II). Pub. L. 100-667, Sec. 205(9), inserted ``of subsection (a) of this section'' after ``violation'', substituted ``$1,000'' for ``$250'', and inserted before period at end ``, and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000, or more than $100,000, as the court considers just''. Subsec. (e)(3)(C)(ii). Pub. L. 100-667, Sec. 205(10), substituted ``$100,000 for each violation of subsection (a) of this section'' for ``$50,000''. Subsec. (e)(3)(C)(iii). Pub. L. 100-667, Sec. 205(11), substituted ``$250'' for ``$100''. Subsec. (e)(4). Pub. L. 100-667, Sec. 205(12), added par. (4) and struck out former par. (4) which read as follows: ``The importation, manufacture, sale, or distribution of equipment by any person with the intent of its use to assist in any activity prohibited by subsection (a) of this section shall be subject to penalties and remedies under this subsection to the same extent and in the same manner as a person who has engaged in such prohibited activity.'' Subsec. (f). Pub. L. 100-667, Sec. 204, added subsec. (f) relating to universal encryption standard. Pub. L. 100-626 redesignated subsec. (e), relating to rights, obligations, and liabilities under other laws, as (f). Subsec. (g). Pub. L. 100-667, Sec. 204, added subsec. (g). 1984--Pub. L. 98-549, Sec. 5(a), designated existing provisions as subsec. (a) and added subsecs. (b) to (e). 1982--Pub. L. 97-259 struck out ``broadcast or'' after ``communication which is'', substituted ``any station'' for ``amateurs or others'', struck out ``or'' after ``general public,'', and substituted ``ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator'' for ``ships in distress''. 1968--Pub. L. 90-351 inserted ``Except as authorized by chapter 119, title 18'', designated existing provisions as cls. (1) to (6), inserted ``radio'' before ``communication'' in second and fourth sentences, struck out ``wire or'' before ``radio'' in third sentence, and substituted ``intercepted'' for ``obtained'' in fourth sentence. Effective Date of 1988 Amendment Amendment by Pub. L. 100-667 effective Jan. 1, 1989, see section 206 of Pub. L. 100-667, set out as an Effective Date note under section 119 of Title 17, Copyrights. Effective Date of 1984 Amendment Section 5(b) of Pub. L. 98-549 provided that: ``The amendments made by subsection (a) [amending this section] shall take effect on the effective date of this Act [Dec. 29, 1984].'' Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set out as an Effective Date note under section 521 of this title. Section Referred to in Other Sections This section is referred to in sections 548, 612 of this title; title 18 section 2511; title 50 section 1805.
[CITE: 47USC1008] TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 9--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS SUBCHAPTER I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS Sec. 1008. Payment of costs of telecommunications carriers to comply with capability requirements (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. (Pub. L. 103-414, title I, Sec. 109, Oct. 25, 1994, 108 Stat. 4286.) 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. Section Referred to in Other Sections This section is referred to in sections 158, 1002, 1003, 1005, 1007, 1010, 1021 of this title.