| Cryptome DVDs. Donate $25 for two DVDs of the Cryptome collection of 47,000 files from June 1996 to January 2009 (~6.9 GB). Click Paypal or mail check/MO made out to John Young, 251 West 89th Street, New York, NY 10024. The collection includes all files of cryptome.org, cryptome.info, jya.com, cartome.org, eyeball-series.org and iraq-kill-maim.org, and 23,100 (updated) pages of counter-intelligence dossiers declassified by the US Army Information and Security Command, dating from 1945 to 1985.The DVDs will be sent anywhere worldwide without extra cost.

27 June 1999

    -----------------------------------------------------------

    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: 18USC2511]

                     TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                                 PART I--CRIMES

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

    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.