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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 Repealed.]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--
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1 See 1984 Amendment note below.
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(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.