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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        Repealed.]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--
    ---------------------------------------------------------------------------
        1 See 1984 Amendment note below.
    ---------------------------------------------------------------------------
            (a) any offense punishable by death or by imprisonment for more
        than one year under sections 2274 through 2277 of title 42 of the
        United States Code (relating to the enforcement of the Atomic Energy
        Act of 1954), section 2284 of title 42 of the United States Code
        (relating to sabotage of nuclear facilities or fuel), or under the
        following chapters of this title: chapter 37 (relating to
        espionage), chapter 90 (relating to protection of trade secrets),
        chapter 105 (relating to sabotage), chapter 115 (relating to
        treason), chapter 102 (relating to riots), chapter 65 (relating to
        malicious mischief), chapter 111 (relating to destruction of
        vessels), or chapter 81 (relating to piracy);
            (b) a violation of section 186 or section 501(c) of title 29,
        United States Code (dealing with restrictions on payments and loans
        to labor organizations), or any offense which involves murder,
        kidnapping, robbery, or extortion, and which is punishable under
        this title;
            (c) any offense which is punishable under the following sections
        of this title: section 201 (bribery of public officials and
        witnesses), section 215 (relating to bribery of bank officials),
        section 224 (bribery in sporting contests), subsection (d), (e),
        (f), (g), (h), or (i) of section 844 (unlawful use of explosives),
        section 1032 (relating to concealment of assets), section 1084
        (transmission of wagering information), section 751 (relating to
        escape), section 1014 (relating to loans and credit applications
        generally; renewals and discounts), sections 1503, 1512, and 1513
        (influencing or injuring an officer, juror, or witness generally),
        section 1510 (obstruction of criminal investigations), section 1511
        (obstruction of State or local law enforcement), section 1751
        (Presidential and Presidential staff assassination, kidnapping, and
        assault), section 1951 (interference with commerce by threats or
        violence), section 1952 (interstate and foreign travel or
        transportation in aid of racketeering enterprises), section 1958
        (relating to use of interstate commerce facilities in the commission
        of murder for hire), section 1959 (relating to violent crimes in aid
        of racketeering activity), section 1954 (offer, acceptance, or
        solicitation to influence operations of employee benefit plan),
        section 1955 (prohibition of business enterprises of gambling),
        section 1956 (laundering of monetary instruments), section 1957
        (relating to engaging in monetary transactions in property derived
        from specified unlawful activity), section 659 (theft from
        interstate shipment), section 664 (embezzlement from pension and
        welfare funds), section 1343 (fraud by wire, radio, or television),
        section 1344 (relating to bank fraud), sections 2251 and 2252
        (sexual exploitation of children), sections 2312, 2313, 2314, and
        2315 (interstate transportation of stolen property), section 2321
        (relating to trafficking in certain motor vehicles or motor vehicle
        parts), section 1203 (relating to hostage taking), section 1029
        (relating to fraud and related activity in connection with access
        devices), section 3146 (relating to penalty for failure to appear),
        section 3521(b)(3) (relating to witness relocation and assistance),
        section 32 (relating to destruction of aircraft or aircraft
        facilities), section 1963 (violations with respect to racketeer
        influenced and corrupt organizations), section 115 (relating to
        threatening or retaliating against a Federal official), and section
        1341 (relating to mail fraud), section 351 (violations with respect
        to congressional, Cabinet, or Supreme Court assassinations,
        kidnapping, and assault), section 831 (relating to prohibited
        transactions involving nuclear materials), section 33 (relating to
        destruction of motor vehicles or motor vehicle facilities), section
        175 (relating to biological weapons), section 1992 (relating to
        wrecking trains), a felony violation of section 1028 (relating to
        production of false identification documentation), section 1425
        (relating to the procurement of citizenship or nationalization
        unlawfully), section 1426 (relating to the reproduction of
        naturalization or citizenship papers), section 1427 (relating to the
        sale of naturalization or citizenship papers), section 1541
        (relating to passport issuance without authority), section 1542
        (relating to false statements in passport applications), section
        1543 (relating to forgery or false use of passports), section 1544
        (relating to misuse of passports), or section 1546 (relating to
        fraud and misuse of visas, permits, and other documents);
            (d) any offense involving counterfeiting punishable under
        section 471, 472, or 473 of this title;
            (e) any offense involving fraud connected with a case under
        title 11 or the manufacture, importation, receiving, concealment,
        buying, selling, or otherwise dealing in narcotic drugs, marihuana,
        or other dangerous drugs, punishable under any law of the United
        States;
            (f) any offense including extortionate credit transactions under
        sections 892, 893, or 894 of this title;
            (g) a violation of section 5322 of title 31, United States Code
        (dealing with the reporting of currency transactions);
            (h) any felony violation of sections 2511 and 2512 (relating to
        interception and disclosure of certain communications and to certain
        intercepting devices) of this title;
            (i) any felony violation of chapter 71 (relating to obscenity)
        of this title;
            (j) any violation of section 60123(b) (relating to destruction
        of a natural gas pipeline) or section 46502 (relating to aircraft
        piracy) of title 49;
            (k) any criminal violation of section 2778 of title 22 (relating
        to the Arms Export Control Act);
            (l) the location of any fugitive from justice from an offense
        described in this section;
            (m) a violation of section 274, 277, or 278 of the Immigration
        and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the
        smuggling of aliens);
            (n) any felony violation of sections 922 and 924 of title 18,
        United States Code (relating to firearms);
            (o) any violation of section 5861 of the Internal Revenue Code
        of 1986 (relating to firearms);
            (p) 2 a felony violation of section 1028 (relating to
        production of false identification documents), section 1542
        (relating to false statements in passport applications), section
        1546 (relating to fraud and misuse of visas, permits, and other
        documents) of this title or a violation of section 274, 277, or 278
        of the Immigration and Nationality Act (relating to the smuggling of
        aliens); or
    ---------------------------------------------------------------------------
        2 So in original. Two subpars. (p) have been enacted.
    ---------------------------------------------------------------------------
            (p) 2 any conspiracy to commit any offense described in any
        subparagraph of this paragraph.

        (2) The principal prosecuting attorney of any State, or the
    principal prosecuting attorney of any political subdivision thereof, if
    such attorney is authorized by a statute of that State to make
    application to a State court judge of competent jurisdiction for an
    order authorizing or approving the interception of wire, oral, or
    electronic communications, may apply to such judge for, and such judge
    may grant in conformity with section 2518 of this chapter and with the
    applicable State statute an order authorizing, or approving the
    interception of wire, oral, or electronic communications by
    investigative or law enforcement officers having responsibility for the
    investigation of the offense as to which the application is made, when
    such interception may provide or has provided evidence of the commission
    of the offense of murder, kidnapping, gambling, robbery, bribery,
    extortion, or dealing in narcotic drugs, marihuana or other dangerous
    drugs, or other crime dangerous to life, limb, or property, and
    punishable by imprisonment for more than one year, designated in any
    applicable State statute authorizing such interception, or any
    conspiracy to commit any of the foregoing offenses.
        (3) Any attorney for the Government (as such term is defined for the
    purposes of the Federal Rules of Criminal Procedure) may authorize an
    application to a Federal judge of competent jurisdiction for, and such
    judge may grant, in conformity with section 2518 of this title, an order
    authorizing or approving the interception of electronic communications
    by an investigative or law enforcement officer having responsibility for
    the investigation of the offense as to which the application is made,
    when such interception may provide or has provided evidence of any
    Federal felony.

    (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 216;
    amended Pub. L. 91-452, title VIII, Sec. 810, title IX, Sec. 902(a),
    title XI, Sec. 1103, Oct. 15, 1970, 84 Stat. 940, 947, 959; Pub. L. 91-
    644, title IV, Sec. 16, Jan. 2, 1971, 84 Stat. 1891; Pub. L. 95-598,
    title III, Sec. 314(h), Nov. 6, 1978, 92 Stat. 2677; Pub. L. 97-285,
    Secs. 2(e), 4(e), Oct. 6, 1982, 96 Stat. 1220, 1221; Pub. L. 98-292,
    Sec. 8, May 21, 1984, 98 Stat. 206; Pub. L. 98-473, title II,
    Sec. 1203(c), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99-508, title I,
    Secs. 101(c)(1)(A), 104, 105, Oct. 21, 1986, 100 Stat. 1851, 1855; Pub.
    L. 99-570, title I, Sec. 1365(c), Oct. 27, 1986, 100 Stat. 3207-35; Pub.
    L. 100-690, title VI, Sec. 6461, title VII, Secs. 7036, 7053(d), 7525,
    Nov. 18, 1988, 102 Stat. 4374, 4399, 4402, 4502; Pub. L. 101-298,
    Sec. 3(b), May 22, 1990, 104 Stat. 203; Pub. L. 101-647, title XXV,
    Sec. 2531, title XXXV, Sec. 3568, Nov. 29, 1990, 104 Stat. 4879, 4928;
    Pub. L. 103-272, Sec. 5(e)(11), July 5, 1994, 108 Stat. 1374; Pub. L.
    103-322, title XXXIII, Secs. 330011(c)(1), (q)(1), (r), 330021(1), Sept.
    13, 1994, 108 Stat. 2144, 2145, 2150; Pub. L. 103-414, title II,
    Sec. 208, Oct. 25, 1994, 108 Stat. 4292; Pub. L. 103-429,
    Sec. 7(a)(4)(A), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104-132, title
    IV, Sec. 434, Apr. 24, 1996, 110 Stat. 1274; Pub. L. 104-208, div. C,
    title II, Sec. 201, Sept. 30, 1996, 110 Stat. 3009-564; Pub. L. 104-287,
    Sec. 6(a)(2), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104-294, title I,
    Sec. 102, title VI, Sec. 601(d), Oct. 11, 1996, 110 Stat. 3491, 3499.)

                           References in Text

        The Atomic Energy Act of 1954, referred to in par. (1)(a), is act
    Aug. 30, 1954, ch. 1073, 68 Stat. 921, as amended, which is classified
    generally to chapter 23 (Sec. 2011 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the Code,
    see Short Title note set out under section 2011 of Title 42 and Tables.
        The Arms Export Control Act, referred to in par. (1)(k), is Pub. L.
    90-269, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
    principally to chapter 39 (Sec. 2751 et seq.) of Title 22, Foreign
    Relations and Intercourse. For complete classification of this Act to
    the Code, see Short Title note set out under section 2751 of Title 22
    and Tables.
        Section 5861 of the Internal Revenue Code of 1986, referred to in
    par. (1)(o), is classified to section 5861 of Title 26, Internal Revenue
    Code.
        The Federal Rules of Criminal Procedure, referred to in par. (3),
    are set out in the Appendix to this title.

                                   Amendments

        1996--Par. (1)(a). Pub. L. 104-294, Sec. 102, which directed
    amendment of par. 1(c) by inserting ``chapter 90 (relating to protection
    of trade secrets),'' after ``chapter 37 (relating to espionage),'' was
    executed by making the insertion in par. (1)(a) to reflect the probable
    intent of Congress.
        Par. (1)(c). Pub. L. 104-208, Sec. 201(1), substituted ``section
    1992 (relating to wrecking trains), a felony violation of section 1028
    (relating to production of false identification documentation), section
    1425 (relating to the procurement of citizenship or nationalization
    unlawfully), section 1426 (relating to the reproduction of
    naturalization or citizenship papers), section 1427 (relating to the
    sale of naturalization or citizenship papers), section 1541 (relating to
    passport issuance without authority), section 1542 (relating to false
    statements in passport applications), section 1543 (relating to forgery
    or false use of passports), section 1544 (relating to misuse of
    passports), or section 1546 (relating to fraud and misuse of visas,
    permits, and other documents)'' for ``or section 1992 (relating to
    wrecking trains)'' before semicolon at end.
        Par. (1)(j). Pub. L. 104-287, Sec. 6(a)(2), amended directory
    language of Pub. L. 103-272, Sec. 5(e)(11) as amended by Pub. L. 103-
    429, Sec. 7(a)(4)(A). See 1994 Amendment note below.
        Par. (1)(l). Pub. L. 104-208, Sec. 201(2), and Pub. L. 104-294,
    Sec. 601(d)(1), amended subpar. (l) identically, striking out ``or''
    after semicolon at end.
        Par. (1)(m). Pub. L. 104-208, Sec. 201(3), (4), added subpar. (m).
    Former subpar. (m) redesignated (n).
        Par. (1)(n). Pub. L. 104-294, Sec. 601(d)(2), which directed
    substitution of ``or'' for ``and'' after semicolon at end, could not be
    executed because of prior amendments by Pub. L. 104-132, Sec. 434(1) and
    Pub. L. 104-208, Sec. 201(3). See below.
        Pub. L. 104-208, Sec. 201(3), redesignated subpar. (m) as (n).
    Former subpar. (n) redesignated (o).
        Pub. L. 104-132, Sec. 434(1), struck out ``and'' at end.
        Par. (1)(o). Pub. L. 104-208, Sec. 201(3), redesignated subpar. (n)
    as (o). Former subpar. (o) redesignated (p).
        Pub. L. 104-132 added subpar. (o) and redesignated former subpar.
    (o) as (p).
        Par. (1)(p). Pub. L. 104-208, Sec. 201(3), redesignated subpar. (o),
    relating to felony violation of section 1028, etc., as (p).
        Pub. L. 104-132, Sec. 434(2), redesignated subpar. (o), relating to
    conspiracy, as (p).
        1994--Par. (1). Pub. L. 103-414 in introductory provisions inserted
    ``or acting Deputy Assistant Attorney General'' after ``Deputy Assistant
    Attorney General''.
        Par. (1)(c). Pub. L. 103-322, Sec. 330021(1), substituted
    ``kidnapping'' for ``kidnaping'' in two places.
        Pub. L. 103-322, Sec. 330011(c)(1), amended directory language of
    Pub. L. 101-298, Sec. 3(b). See 1990 Amendment note below.
        Par. (1)(j). Pub. L. 103-322, Sec. 330011(r), amended directory
    language of Pub. L. 101-647, Sec. 2531(3). See 1990 Amendment note
    below.
        Pub. L. 103-322, Sec. 330011(q)(1), repealed Pub. L. 101-647,
    Sec. 3568. See 1990 Amendment note below.
        Pub. L. 103-272, Sec. 5(e)(11), as amended by Pub. L. 103-429,
    Sec. 7(a)(4)(A); Pub. L. 104-287, Sec. 6(a)(2), substituted ``section
    60123(b) (relating to destruction of a natural gas pipeline) or section
    46502 (relating to aircraft piracy) of title 49;'' for ``section
    11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to
    destruction of a natural gas pipeline) or subsection (i) or (n) of
    section 902 of the Federal Aviation Act of 1958 (relating to aircraft
    piracy);''.
        1990--Par. (1)(c). Pub. L. 101-647, Sec. 2531(1), inserted ``section
    215 (relating to bribery of bank officials),'' before ``section 224'',
    ``section 1032 (relating to concealment of assets),'' before section
    1084, ``section 1014 (relating to loans and credit applications
    generally; renewals and discounts),'' before ``sections 1503,'' and
    ``section 1344 (relating to bank fraud),'' before ``sections 2251 and
    2252'' and struck out ``the section in chapter 65 relating to
    destruction of an energy facility,'' after ``retaliating against a
    Federal official),''.
        Pub. L. 101-298, Sec. 3(b), as amended by Pub. L. 103-322,
    Sec. 330011(c)(1), inserted ``section 175 (relating to biological
    weapons),'' after ``section 33 (relating to destruction of motor
    vehicles or motor vehicle facilities),''.
        Par. (1)(j). Pub. L. 101-647, Sec. 3568, which directed amendment of
    subsec. (j) by substituting ``any violation of section 11(c)(2) of the
    Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a
    natural gas pipeline) or section 902(i) or (n) of the Federal Aviation
    Act of 1958 (relating to aircraft piracy)'' for ``any violation of
    section 1679a(c)(2) (relating to destruction of a natural gas pipeline)
    or subsection (i) or (n) of section 1472 (relating to aircraft piracy)
    of title 49, of the United States Code'', and which was probably
    intended as an amendment to par. (1)(j), was repealed by Pub. L. 103-
    322, Sec. 330011(q)(1).
        Pub. L. 101-647, Sec. 2531(3), as amended by Pub. L. 103-322,
    Sec. 330011(r), substituted ``any violation of section 11(c)(2) of the
    Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a
    natural gas pipeline) or subsection (i) or (n) of section 902 of the
    Federal Aviation Act of 1958 (relating to aircraft piracy)'' for ``any
    violation of section 1679a(c)(2) (relating to destruction of a natural
    gas pipeline) or subsection (i) or (n) of section 1472 (relating to
    aircraft piracy) of title 49, of the United States Code''.
        Par. (1)(m). Pub. L. 101-647, Sec. 2531(2)(A), struck out subpar.
    (m) relating to conspiracy which read as follows: ``any conspiracy to
    commit any of the foregoing offenses.''
        Par. (1)(o). Pub. L. 101-647, Sec. 2531(2)(B)-(D), added subpar.
    (o).
        1988--Par. (1). Pub. L. 100-690, Sec. 7036(a)(1), inserted ``or''
    after ``Associate Attorney General,'' in introductory provisions.
        Par. (1)(a). Pub. L. 100-690, Sec. 7036(c)(1), which directed the
    amendment of subpar. (a) by substituting ``(relating to riots),'' for
    ``(relating to riots);'' was executed by substituting ``(relating to
    riots),'' for ``(relating to riots)'' as the probable intent of
    Congress.
        Par. (1)(c). Pub. L. 100-690, Sec. 7053(d), which directed the
    amendment of section 2516(c) by substituting ``1958'' for ``1952A'' and
    ``1959'' for ``1952B'' was executed by making the substitutions in par.
    (1)(c) as the probable intent of Congress.
        Pub. L. 100-690, Sec. 7036(b), struck out ``section 2252 or 2253
    (sexual exploitation of children),'' after ``wire, radio, or
    television),'' and substituted ``section 2321'' for ``the second section
    2320''.
        Pub. L. 100-690, Sec. 7036(a)(2), which directed the amendment of
    par. (1) by striking the comma that follows a comma was executed to
    subpar. (c) by striking out the second comma after ``to mail fraud)''.
        Par. (1)(i). Pub. L. 100-690, Sec. 7525, added subpar. (i) and
    redesignated former subpar. (i) as (j).
        Par. (1)(j). Pub. L. 100-690, Sec. 7525, redesignated former subpar.
    (i) as (j). Former subpar. (j) redesignated (k).
        Pub. L. 100-690, Sec. 7036(c)(2), which directed amendment of
    subpar. (j) by striking ``or;'' was executed by striking ``or'' after
    ``Export Control Act);'' to reflect the probable intent of Congress.
        Par. (1)(k). Pub. L. 100-690, Sec. 7525, redesignated former subpar.
    (j) as (k). Former subpar. (k) redesignated (l).
        Pub. L. 100-690, Sec. 7036(c)(3), struck out ``or'' at end.
        Par. (1)(l). Pub. L. 100-690, Sec. 7525, redesignated former subpar.
    (k) as (l). Former subpar. (l) redesignated (m).
        Par. (1)(m). Pub. L. 100-690, Sec. 7525, redesignated former subpar.
    (l) relating to conspiracy as (m).
        Pub. L. 100-690, Sec. 6461, added subpar. (m) relating to sections
    922 and 924.
        Par. (1)(n). Pub. L. 100-690, Sec. 6461, added subpar. (n).
        1986--Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire, oral,
    or electronic'' for ``wire or oral'' in section catchline.
        Par. (1). Pub. L. 99-508, Sec. 104, substituted ``any Assistant
    Attorney General, any acting Assistant Attorney General, or any Deputy
    Assistant Attorney General in the Criminal Division'' for ``or any
    Assistant Attorney General'' in introductory provisions.
        Par. (1)(a). Pub. L. 99-508, Sec. 105(a)(5), inserted ``section 2284
    of title 42 of the United States Code (relating to sabotage of nuclear
    facilities or fuel),'' struck out ``or'' after ``(relating to
    treason),'' and inserted ``chapter 65 (relating to malicious mischief),
    chapter 111 (relating to destruction of vessels), or chapter 81
    (relating to piracy)''.
        Par. (1)(c). Pub. L. 99-570, which directed the amendment of subpar.
    (c) by inserting ``section 1956 (laundering of monetary instruments),
    section 1957 (relating to engaging in monetary transactions in property
    derived from specified unlawful activity),'' after ``section 1955
    (prohibition of relating to business enterprises of gambling),'' was
    executed by inserting this phrase after ``section 1955 (prohibition of
    business enterprises of gambling),'' as the probable intent of Congress.
        Pub. L. 99-508, Sec. 105(a)(1), inserted ``section 751 (relating to
    escape),'' ``the second section 2320 (relating to trafficking in certain
    motor vehicles or motor vehicle parts), section 1203 (relating to
    hostage taking), section 1029 (relating to fraud and related activity in
    connection with access devices), section 3146 (relating to penalty for
    failure to appear), section 3521(b)(3) (relating to witness relocation
    and assistance), section 32 (relating to destruction of aircraft or
    aircraft facilities),'' and ``section 1952A (relating to use of
    interstate commerce facilities in the commission of murder for hire),
    section 1952B (relating to violent crimes in aid of racketeering
    activity),'' substituted ``2312, 2313, 2314,'' for ``2314'', inserted
    ``, section 115 (relating to threatening or retaliating against a
    Federal official), the section in chapter 65 relating to destruction of
    an energy facility, and section 1341 (relating to mail fraud),''
    substituted ``, section 351'' for ``or section 351'', and inserted ``,
    section 831 (relating to prohibited transactions involving nuclear
    materials), section 33 (relating to destruction of motor vehicles or
    motor vehicle facilities), or section 1992 (relating to wrecking
    trains)''.
        Par. (1)(h) to (l). Pub. L. 99-508, Sec. 105(a)(2)-(4), added
    subpars. (h) to (k) and redesignated former subpar. (h) as (l).
        Par. (2). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire,
    oral, or electronic'' for ``wire or oral'' in two places.
        Par. (3). Pub. L. 99-508, Sec. 105(b), added par. (3).
        1984--Par. (1). Pub. L. 98-473, Sec. 1203(c)(4), which directed the
    amendment of the first par. of par. (1) by inserting ``Deputy Attorney
    General, Associate Attorney General,'' after ``Attorney General.'' was
    executed by making the insertion after the first reference to ``Attorney
    General,'' to reflect the probable intent of Congress.
        Par. (1)(c). Pub. L. 98-473, Sec. 1203(c)(2), inserted references to
    sections 1512 and 1513 after ``1503''.
        Pub. L. 98-473, Sec. 1203(c)(1), inserted ``section 1343 (fraud by
    wire, radio, or television), section 2252 or 2253 (sexual exploitation
    of children),'' after ``section 664 (embezzlement from pension and
    welfare funds),''.
        Pub. L. 98-292 inserted ``sections 2251 and 2252 (sexual
    exploitation of children),'' after ``section 664 (embezzlement from
    pension and welfare funds),''.
        Par. (1)(g), (h). Pub. L. 98-473, Sec. 1203(c)(3), added par. (g)
    and redesignated former par. (g) as (h).
        1982--Par. (1)(c). Pub. L. 97-285 substituted ``(Presidential and
    Presidential staff assassination, kidnaping, and assault)'' for
    ``(Presidential assassinations, kidnapping, and assault)'' after
    ``section 1751'' and substituted ``(violations with respect to
    congressional, Cabinet, or Supreme Court assassinations, kidnaping, and
    assault)'' for ``(violations with respect to congressional
    assassination, kidnapping, and assault)'' after ``section 351''.
        1978--Par. (1)(e). Pub. L. 95-598 substituted ``fraud connected with
    a case under title 11'' for ``bankruptcy fraud''.
        1971--Par. (1)(c). Pub. L. 91-644 inserted reference to section 351
    offense (violations with respect to congressional assassination,
    kidnaping, and assault).
        1970--Par. (1)(c). Pub. L. 91-452 inserted reference to sections
    844(d), (e), (f), (g), (h), or (i), 1511, 1955, and 1963 of this title.

                        Effective Date of 1996 Amendment

        Section 6(a) of Pub. L. 104-287 provided that the amendment made by
    that section is effective July 5, 1994.

                        Effective Date of 1994 Amendments

        Section 7(a) of Pub. L. 103-429 provided that the amendment made by
    section 7(a)(4)(A) of Pub. L. 103-429 is effective July 5, 1994.
        Section 330011(c)(1) of Pub. L. 103-322 provided that the amendment
    made by that section is effective as of the date on which section 3(b)
    of Pub. L. 101-298 took effect.
        Section 330011(q)(1) of Pub. L. 103-322 provided that the amendment
    made by that section is effective as of the date on which section 3568
    of Pub. L. 101-647 took effect.
        Section 330011(r) of Pub. L. 103-322 provided that the amendment
    made by that section is effective as of the date on which section
    2531(3) of Pub. L. 101-647 took effect.

                        Effective Date of 1986 Amendment

        Amendment by sections 101(c)(1)(A) and 105 of Pub. L. 99-508
    effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant
    to court order or extension, applicable only with respect to court
    orders and extensions made after such date, with special rule for State
    authorizations of interceptions pursuant to section 2516(2) of this
    title, and amendment by section 104 of Pub. L. 99-508 effective Oct. 21,
    1986, see section 111 of Pub. L. 99-508, set out as a note under section
    2510 of this title.

                        Effective Date of 1978 Amendment

        Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
    section 101 of Title 11, Bankruptcy.

                                Savings Provision

        Amendment by section 314 of Pub. L. 95-598 not to affect the
    application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et
    seq.), or section 2516, 3057, or 3284 of this title to any act of any
    person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1,
    1979, in connection with a case commenced before such date, see section
    403(d) of Pub. L. 95-598, set out as a note preceding section 101 of
    Title 11, Bankruptcy.

                      Section Referred to in Other Sections

        This section is referred to in sections 2511, 2518 of this title;
    title 28 section 594.

    [CITE: 18USC2517]

    Sec. 2517. Authorization for disclosure and use of intercepted
            wire, oral, or electronic communications

        (1) Any investigative or law enforcement officer who, by any means
    authorized by this chapter, has obtained knowledge of the contents of
    any wire, oral, or electronic communication, or evidence derived
    therefrom, may disclose such contents to another investigative or law
    enforcement officer to the extent that such disclosure is appropriate to
    the proper performance of the official duties of the officer making or
    receiving the disclosure.
        (2) Any investigative or law enforcement officer who, by any means
    authorized by this chapter, has obtained knowledge of the contents of
    any wire, oral, or electronic communication or evidence derived
    therefrom may use such contents to the extent such use is appropriate to
    the proper performance of his official duties.
        (3) Any person who has received, by any means authorized by this
    chapter, any information concerning a wire, oral, or electronic
    communication, or evidence derived therefrom intercepted in accordance
    with the provisions of this chapter may disclose the contents of that
    communication or such derivative evidence while giving testimony under
    oath or affirmation in any proceeding held under the authority of the
    United States or of any State or political subdivision thereof.
        (4) No otherwise privileged wire, oral, or electronic communication
    intercepted in accordance with, or in violation of, the provisions of
    this chapter shall lose its privileged character.
        (5) When an investigative or law enforcement officer, while engaged
    in intercepting wire, oral, or electronic communications in the manner
    authorized herein, intercepts wire, oral, or electronic communications
    relating to offenses other than those specified in the order of
    authorization or approval, the contents thereof, and evidence derived
    therefrom, may be disclosed or used as provided in subsections (1) and
    (2) of this section. Such contents and any evidence derived therefrom
    may be used under subsection (3) of this section when authorized or
    approved by a judge of competent jurisdiction where such judge finds on
    subsequent application that the contents were otherwise intercepted in
    accordance with the provisions of this chapter. Such application shall
    be made as soon as practicable.

    (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 217;
    amended Pub. L. 91-452, title IX, Sec. 902(b), Oct. 15, 1970, 84 Stat.
    947; Pub. L. 99-508, title I, Sec. 101(c)(1)(A), Oct. 21, 1986, 100
    Stat. 1851.)

                                   Amendments

        1986--Pub. L. 99-508 substituted ``wire, oral, or electronic'' for
    ``wire or oral'' in section catchline and wherever appearing in text.
        1970--Par. (3). Pub. L. 91-452 substituted ``proceeding held under
    the authority of the United States or of any State or political
    subdivision thereof'' for ``criminal proceeding in any court of the
    United States or of any State or in any Federal or State grand jury
    proceeding''.

                        Effective Date of 1986 Amendment

        Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
    and, in case of conduct pursuant to court order or extension, applicable
    only with respect to court orders and extensions made after such date,
    with special rule for State authorizations of interceptions, see section
    111 of Pub. L. 99-508, set out as a note under section 2510 of this
    title.

                      Section Referred to in Other Sections

        This section is referred to in sections 2511, 2518, 2702 of this
    title.

    [CITE: 18USC2518]

    Sec. 2518. Procedure for interception of wire, oral, or
            electronic communications

        (1) Each application for an order authorizing or approving the
    interception of a wire, oral, or electronic communication under this
    chapter shall be made in writing upon oath or affirmation to a judge of
    competent jurisdiction and shall state the applicant's authority to make
    such application. Each application shall include the following
    information:
            (a) the identity of the investigative or law enforcement officer
        making the application, and the officer authorizing the application;
            (b) a full and complete statement of the facts and circumstances
        relied upon by the applicant, to justify his belief that an order
        should be issued, including (i) details as to the particular offense
        that has been, is being, or is about to be committed, (ii) except as
        provided in subsection (11), a particular description of the nature
        and location of the facilities from which or the place where the
        communication is to be intercepted, (iii) a particular description
        of the type of communications sought to be intercepted, (iv) the
        identity of the person, if known, committing the offense and whose
        communications are to be intercepted;
            (c) a full and complete statement as to whether or not other
        investigative procedures have been tried and failed or why they
        reasonably appear to be unlikely to succeed if tried or to be too
        dangerous;
            (d) a statement of the period of time for which the interception
        is required to be maintained. If the nature of the investigation is
        such that the authorization for interception should not
        automatically terminate when the described type of communication has
        been first obtained, a particular description of facts establishing
        probable cause to believe that additional communications of the same
        type will occur thereafter;
            (e) a full and complete statement of the facts concerning all
        previous applications known to the individual authorizing and making
        the application, made to any judge for authorization to intercept,
        or for approval of interceptions of, wire, oral, or electronic
        communications involving any of the same persons, facilities or
        places specified in the application, and the action taken by the
        judge on each such application; and
            (f) where the application is for the extension of an order, a
        statement setting forth the results thus far obtained from the
        interception, or a reasonable explanation of the failure to obtain
        such results.

        (2) The judge may require the applicant to furnish additional
    testimony or documentary evidence in support of the application.
        (3) Upon such application the judge may enter an ex parte order, as
    requested or as modified, authorizing or approving interception of wire,
    oral, or electronic communications within the territorial jurisdiction
    of the court in which the judge is sitting (and outside that
    jurisdiction but within the United States in the case of a mobile
    interception device authorized by a Federal court within such
    jurisdiction), if the judge determines on the basis of the facts
    submitted by the applicant that--
            (a) there is probable cause for belief that an individual is
        committing, has committed, or is about to commit a particular
        offense enumerated in section 2516 of this chapter;
            (b) there is probable cause for belief that particular
        communications concerning that offense will be obtained through such
        interception;
            (c) normal investigative procedures have been tried and have
        failed or reasonably appear to be unlikely to succeed if tried or to
        be too dangerous;
            (d) except as provided in subsection (11), there is probable
        cause for belief that the facilities from which, or the place where,
        the wire, oral, or electronic communications are to be intercepted
        are being used, or are about to be used, in connection with the
        commission of such offense, or are leased to, listed in the name of,
        or commonly used by such person.

        (4) Each order authorizing or approving the interception of any
    wire, oral, or electronic communication under this chapter shall
    specify--
            (a) the identity of the person, if known, whose communications
        are to be intercepted;
            (b) the nature and location of the communications facilities as
        to which, or the place where, authority to intercept is granted;
            (c) a particular description of the type of communication sought
        to be intercepted, and a statement of the particular offense to
        which it relates;
            (d) the identity of the agency authorized to intercept the
        communications, and of the person authorizing the application; and
            (e) the period of time during which such interception is
        authorized, including a statement as to whether or not the
        interception shall automatically terminate when the described
        communication has been first obtained.

    An order authorizing the interception of a wire, oral, or electronic
    communication under this chapter shall, upon request of the applicant,
    direct that a provider of wire or electronic communication service,
    landlord, custodian or other person shall furnish the applicant
    forthwith all information, facilities, and technical assistance
    necessary to accomplish the interception unobtrusively and with a
    minimum of interference with the services that such service provider,
    landlord, custodian, or person is according the person whose
    communications are to be intercepted. Any provider of wire or electronic
    communication service, landlord, custodian or other person furnishing
    such facilities or technical assistance shall be compensated therefor by
    the applicant for reasonable expenses incurred in providing such
    facilities or assistance. Pursuant to section 2522 of this chapter, an
    order may also be issued to enforce the assistance capability and
    capacity requirements under the Communications Assistance for Law
    Enforcement Act.
        (5) No order entered under this section may authorize or approve the
    interception of any wire, oral, or electronic communication for any
    period longer than is necessary to achieve the objective of the
    authorization, nor in any event longer than thirty days. Such thirty-day
    period begins on the earlier of the day on which the investigative or
    law enforcement officer first begins to conduct an interception under
    the order or ten days after the order is entered. Extensions of an order
    may be granted, but only upon application for an extension made in
    accordance with subsection (1) of this section and the court making the
    findings required by subsection (3) of this section. The period of
    extension shall be no longer than the authorizing judge deems necessary
    to achieve the purposes for which it was granted and in no event for
    longer than thirty days. Every order and extension thereof shall contain
    a provision that the authorization to intercept shall be executed as
    soon as practicable, shall be conducted in such a way as to minimize the
    interception of communications not otherwise subject to interception
    under this chapter, and must terminate upon attainment of the authorized
    objective, or in any event in thirty days. In the event the intercepted
    communication is in a code or foreign language, and an expert in that
    foreign language or code is not reasonably available during the
    interception period, minimization may be accomplished as soon as
    practicable after such interception. An interception under this chapter
    may be conducted in whole or in part by Government personnel, or by an
    individual operating under a contract with the Government, acting under
    the supervision of an investigative or law enforcement officer
    authorized to conduct the interception.
        (6) Whenever an order authorizing interception is entered pursuant
    to this chapter, the order may require reports to be made to the judge
    who issued the order showing what progress has been made toward
    achievement of the authorized objective and the need for continued
    interception. Such reports shall be made at such intervals as the judge
    may require.
        (7) Notwithstanding any other provision of this chapter, any
    investigative or law enforcement officer, specially designated by the
    Attorney General, the Deputy Attorney General, the Associate Attorney
    General, or by the principal prosecuting attorney of any State or
    subdivision thereof acting pursuant to a statute of that State, who
    reasonably determines that--
            (a) an emergency situation exists that involves--
                (i) immediate danger of death or serious physical injury to
            any person,
                (ii) conspiratorial activities threatening the national
            security interest, or
                (iii) conspiratorial activities characteristic of organized
            crime,

        that requires a wire, oral, or electronic communication to be
        intercepted before an order authorizing such interception can, with
        due diligence, be obtained, and
            (b) there are grounds upon which an order could be entered under
        this chapter to authorize such interception,

    may intercept such wire, oral, or electronic communication if an
    application for an order approving the interception is made in
    accordance with this section within forty-eight hours after the
    interception has occurred, or begins to occur. In the absence of an
    order, such interception shall immediately terminate when the
    communication sought is obtained or when the application for the order
    is denied, whichever is earlier. In the event such application for
    approval is denied, or in any other case where the interception is
    terminated without an order having been issued, the contents of any
    wire, oral, or electronic communication intercepted shall be treated as
    having been obtained in violation of this chapter, and an inventory
    shall be served as provided for in subsection (d) of this section on the
    person named in the application.
        (8)(a) The contents of any wire, oral, or electronic communication
    intercepted by any means authorized by this chapter shall, if possible,
    be recorded on tape or wire or other comparable device. The recording of
    the contents of any wire, oral, or electronic communication under this
    subsection shall be done in such a way as will protect the recording
    from editing or other alterations. Immediately upon the expiration of
    the period of the order, or extensions thereof, such recordings shall be
    made available to the judge issuing such order and sealed under his
    directions. Custody of the recordings shall be wherever the judge
    orders. They shall not be destroyed except upon an order of the issuing
    or denying judge and in any event shall be kept for ten years. Duplicate
    recordings may be made for use or disclosure pursuant to the provisions
    of subsections (1) and (2) of section 2517 of this chapter for
    investigations. The presence of the seal provided for by this
    subsection, or a satisfactory explanation for the absence thereof, shall
    be a prerequisite for the use or disclosure of the contents of any wire,
    oral, or electronic communication or evidence derived therefrom under
    subsection (3) of section 2517.

        (b) Applications made and orders granted under this chapter shall be
    sealed by the judge. Custody of the applications and orders shall be
    wherever the judge directs. Such applications and orders shall be
    disclosed only upon a showing of good cause before a judge of competent
    jurisdiction and shall not be destroyed except on order of the issuing
    or denying judge, and in any event shall be kept for ten years.
        (c) Any violation of the provisions of this subsection may be
    punished as contempt of the issuing or denying judge.
        (d) Within a reasonable time but not later than ninety days after
    the filing of an application for an order of approval under section
    2518(7)(b) which is denied or the termination of the period of an order
    or extensions thereof, the issuing or denying judge shall cause to be
    served, on the persons named in the order or the application, and such
    other parties to intercepted communications as the judge may determine
    in his discretion that is in the interest of justice, an inventory which
    shall include notice of--
            (1) the fact of the entry of the order or the application;
            (2) the date of the entry and the period of authorized, approved
        or disapproved interception, or the denial of the application; and
            (3) the fact that during the period wire, oral, or electronic
        communications were or were not intercepted.

    The judge, upon the filing of a motion, may in his discretion make
    available to such person or his counsel for inspection such portions of
    the intercepted communications, applications and orders as the judge
    determines to be in the interest of justice. On an ex parte showing of
    good cause to a judge of competent jurisdiction the serving of the
    inventory required by this subsection may be postponed.
        (9) The contents of any wire, oral, or electronic communication
    intercepted pursuant to this chapter or evidence derived therefrom shall
    not be received in evidence or otherwise disclosed in any trial,
    hearing, or other proceeding in a Federal or State court unless each
    party, not less than ten days before the trial, hearing, or proceeding,
    has been furnished with a copy of the court order, and accompanying
    application, under which the interception was authorized or approved.
    This ten-day period may be waived by the judge if he finds that it was
    not possible to furnish the party with the above information ten days
    before the trial, hearing, or proceeding and that the party will not be
    prejudiced by the delay in receiving such information.
        (10)(a) Any aggrieved person in any trial, hearing, or proceeding in
    or before any court, department, officer, agency, regulatory body, or
    other authority of the United States, a State, or a political
    subdivision thereof, may move to suppress the contents of any wire or
    oral communication intercepted pursuant to this chapter, or evidence
    derived therefrom, on the grounds that--
            (i) the communication was unlawfully intercepted;
            (ii) the order of authorization or approval under which it was
        intercepted is insufficient on its face; or
            (iii) the interception was not made in conformity with the order
        of authorization or approval.

    Such motion shall be made before the trial, hearing, or proceeding
    unless there was no opportunity to make such motion or the person was
    not aware of the grounds of the motion. If the motion is granted, the
    contents of the intercepted wire or oral communication, or evidence
    derived therefrom, shall be treated as having been obtained in violation
    of this chapter. The judge, upon the filing of such motion by the
    aggrieved person, may in his discretion make available to the aggrieved
    person or his counsel for inspection such portions of the intercepted
    communication or evidence derived therefrom as the judge determines to
    be in the interests of justice.
        (b) In addition to any other right to appeal, the United States
    shall have the right to appeal from an order granting a motion to
    suppress made under paragraph (a) of this subsection, or the denial of
    an application for an order of approval, if the United States attorney
    shall certify to the judge or other official granting such motion or
    denying such application that the appeal is not taken for purposes of
    delay. Such appeal shall be taken within thirty days after the date the
    order was entered and shall be diligently prosecuted.
        (c) The remedies and sanctions described in this chapter with
    respect to the interception of electronic communications are the only
    judicial remedies and sanctions for nonconstitutional violations of this
    chapter involving such communications.
        (11) The requirements of subsections (1)(b)(ii) and (3)(d) of this
    section relating to the specification of the facilities from which, or
    the place where, the communication is to be intercepted do not apply
    if--
            (a) in the case of an application with respect to the
        interception of an oral communication--
                (i) the application is by a Federal investigative or law
            enforcement officer and is approved by the Attorney General, the
            Deputy Attorney General, the Associate Attorney General, an
            Assistant Attorney General, or an acting Assistant Attorney
            General;
                (ii) the application contains a full and complete statement
            as to why such specification is not practical and identifies the
            person committing the offense and whose communications are to be
            intercepted; and
                (iii) the judge finds that such specification is not
            practical; and

            (b) in the case of an application with respect to a wire or
        electronic communication--
                (i) the application is by a Federal investigative or law
            enforcement officer and is approved by the Attorney General, the
            Deputy Attorney General, the Associate Attorney General, an
            Assistant Attorney General, or an acting Assistant Attorney
            General;
                (ii) the application identifies the person believed to be
            committing the offense and whose communications are to be
            intercepted and the applicant makes a showing of a purpose, on
            the part of that person, to thwart interception by changing
            facilities; and
                (iii) the judge finds that such purpose has been adequately
            shown.

        (12) An interception of a communication under an order with respect
    to which the requirements of subsections (1)(b)(ii) and (3)(d) of this
    section do not apply by reason of subsection (11) shall not begin until
    the facilities from which, or the place where, the communication is to
    be intercepted is ascertained by the person implementing the
    interception order. A provider of wire or electronic communications
    service that has received an order as provided for in subsection (11)(b)
    may move the court to modify or quash the order on the ground that its
    assistance with respect to the interception cannot be performed in a
    timely or reasonable fashion. The court, upon notice to the government,
    shall decide such a motion expeditiously.

    (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 218;
    amended Pub. L. 91-358, title II, Sec. 211(b), July 29, 1970, 84 Stat.
    654; Pub. L. 95-511, title II, Sec. 201(d)-(g), Oct. 25, 1978, 92 Stat.
    1797, 1798; Pub. L. 98-473, title II, Sec. 1203(a), (b), Oct. 12, 1984,
    98 Stat. 2152; Pub. L. 99-508, title I, Secs. 101(c)(1)(A), (8), (e),
    106(a)-(d)(3), Oct. 21, 1986, 100 Stat. 1851-1853, 1856, 1857; Pub. L.
    103-414, title II, Sec. 201(b)(1), Oct. 25, 1994, 108 Stat. 4290.)

                           References in Text

        The Communications Assistance for Law Enforcement Act, referred to
    in par. (4), is title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat.
    4279, which is classified generally to subchapter I (Sec. 1001 et seq.)
    of chapter 9 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.
    For complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of Title 47 and Tables.

                                   Amendments

        1994--Par. (4). Pub. L. 103-414 inserted at end of concluding
    provisions ``Pursuant to section 2522 of this chapter, an order may also
    be issued to enforce the assistance capability and capacity requirements
    under the Communications Assistance for Law Enforcement Act.''
        1986--Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire, oral,
    or electronic'' for ``wire or oral'' in section catchline.
        Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire,
    oral, or electronic'' for ``wire or oral'' in introductory provisions.
        Par. (1)(b)(ii). Pub. L. 99-508, Sec. 106(d)(1), inserted ``except
    as provided in subsection (11),''.
        Par. (1)(e). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire,
    oral, or electronic'' for ``wire or oral''.
        Par. (3). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(a), in
    introductory provisions, substituted ``wire, oral, or electronic'' for
    ``wire or oral'' and inserted ``(and outside that jurisdiction but
    within the United States in the case of a mobile interception device
    authorized by a Federal court within such jurisdiction)''.
        Par. (3)(d). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(d)(2), inserted
    ``except as provided in subsection (11),'' and substituted ``wire, oral,
    or electronic'' for ``wire or oral''.
        Par. (4). Pub. L. 99-508, Secs. 101(c)(1)(A), (8), 106(b),
    substituted ``wire, oral, or electronic'' for ``wire or oral'' wherever
    appearing and, in closing provisions, substituted ``provider of wire or
    electronic communication service'' for ``communication common carrier''
    wherever appearing, ``such service provider'' for ``such carrier'', and
    ``for reasonable expenses incurred in providing such facilities or
    assistance'' for ``at the prevailing rates''.
        Par. (5). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(c), substituted
    ``wire, oral, or electronic'' for ``wire or oral'' and inserted
    provisions which related to beginning of thirty-day period, minimization
    where intercepted communication is in code or foreign language and
    expert in that code or foreign language is not immediately available,
    and conduct of interception by Government personnel or by individual
    operating under Government contract, acting under supervision of
    investigative or law enforcement officer authorized to conduct
    interception.
        Pars. (7), (8)(a), (d)(3), (9). Pub. L. 99-508, Sec. 101(c)(1)(A),
    substituted ``wire, oral, or electronic'' for ``wire or oral'' wherever
    appearing.
        Par. (10)(c). Pub. L. 99-508, Sec. 101(e), added subpar. (c).
        Pars. (11), (12). Pub. L. 99-508, Sec. 106(d)(3), added pars. (11)
    and (12).
        1984--Par. (7). Pub. L. 98-473, Sec. 1203(a), inserted ``, the
    Deputy Attorney General, the Associate Attorney General,'' after
    ``Attorney General'' in provisions preceding subpar. (a).
        Par. (7)(a). Pub. L. 98-473, Sec. 1203(b), amended subpar. (a)
    generally, adding cl. (i) and designated existing provisions as cls.
    (ii) and (iii).
        1978--Par. (1). Pub. L. 95-511, Sec. 201(d), inserted ``under this
    chapter'' after ``communication''.
        Par. (4). Pub. L. 95-511, Sec. 201(e), inserted ``under this
    chapter'' after ``wire or oral communication'' wherever appearing.
        Par. (9). Pub. L. 95-511, Sec. 201(e), substituted ``any wire or
    oral communication intercepted pursuant to this chapter'' for ``any
    intercepted wire or oral communication''.
        Par. (10). Pub. L. 95-511, Sec. 201(g), substituted ``any wire or
    oral communication intercepted pursuant to this chapter,'' for ``any
    intercepted wire or oral communication,''.
        1970--Par. (4). Pub. L. 91-358 inserted the provision that, upon the
    request of the applicant, an order authorizing the interception of a
    wire or oral communication direct that a communication common carrier,
    landlord, custodian, or other person furnish the applicant with all
    information, facilities, and technical assistance necessary to
    accomplish the interception unobtrusively and with a minimum of
    interference with the services provided.

                        Effective Date of 1986 Amendment

        Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
    and, in case of conduct pursuant to court order or extension, applicable
    only with respect to court orders and extensions made after such date,
    with special rule for State authorizations of interceptions, see section
    111 of Pub. L. 99-508, set out as a note under section 2510 of this
    title.

                        Effective Date of 1978 Amendment

        Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
    specifically provided, see section 401 of Pub. L. 95-511, set out as an
    Effective Date note under section 1801 of Title 50, War and National
    Defense.

                        Effective Date of 1970 Amendment

        Amendment by Pub. L. 91-358 effective on first day of seventh
    calendar month which begins after July 29, 1970, see section 901(a) of
    Pub. L. 91-358.

                      Section Referred to in Other Sections

        This section is referred to in sections 2511, 2516, 2519, 2520,
    2701, 2707 of this title; title 47 section 1002.

    [CITE: 18USC2519]

    Sec. 2519. Reports concerning intercepted wire, oral, or
            electronic communications

        (1) Within thirty days after the expiration of an order (or each
    extension thereof) entered under section 2518, or the denial of an order
    approving an interception, the issuing or denying judge shall report to
    the Administrative Office of the United States Courts--
            (a) the fact that an order or extension was applied for;
            (b) the kind of order or extension applied for (including
        whether or not the order was an order with respect to which the
        requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title
        did not apply by reason of section 2518(11) of this title);
            (c) the fact that the order or extension was granted as applied
        for, was modified, or was denied;
            (d) the period of interceptions authorized by the order, and the
        number and duration of any extensions of the order;
            (e) the offense specified in the order or application, or
        extension of an order;
            (f) the identity of the applying investigative or law
        enforcement officer and agency making the application and the person
        authorizing the application; and
            (g) the nature of the facilities from which or the place where
        communications were to be intercepted.

        (2) In January of each year the Attorney General, an Assistant
    Attorney General specially designated by the Attorney General, or the
    principal prosecuting attorney of a State, or the principal prosecuting
    attorney for any political subdivision of a State, shall report to the
    Administrative Office of the United States Courts--
            (a) the information required by paragraphs (a) through (g) of
        subsection (1) of this section with respect to each application for
        an order or extension made during the preceding calendar year;
            (b) a general description of the interceptions made under such
        order or extension, including (i) the approximate nature and
        frequency of incriminating communications intercepted, (ii) the
        approximate nature and frequency of other communications
        intercepted, (iii) the approximate number of persons whose
        communications were intercepted, and (iv) the approximate nature,
        amount, and cost of the manpower and other resources used in the
        interceptions;
            (c) the number of arrests resulting from interceptions made
        under such order or extension, and the offenses for which arrests
        were made;
            (d) the number of trials resulting from such interceptions;
            (e) the number of motions to suppress made with respect to such
        interceptions, and the number granted or denied;
            (f) the number of convictions resulting from such interceptions
        and the offenses for which the convictions were obtained and a
        general assessment of the importance of the interceptions; and
            (g) the information required by paragraphs (b) through (f) of
        this subsection with respect to orders or extensions obtained in a
        preceding calendar year.

        (3) In April of each year the Director of the Administrative Office
    of the United States Courts shall transmit to the Congress a full and
    complete report concerning the number of applications for orders
    authorizing or approving the interception of wire, oral, or electronic
    communications pursuant to this chapter and the number of orders and
    extensions granted or denied pursuant to this chapter during the
    preceding calendar year. Such report shall include a summary and
    analysis of the data required to be filed with the Administrative Office
    by subsections (1) and (2) of this section. The Director of the
    Administrative Office of the United States Courts is authorized to issue
    binding regulations dealing with the content and form of the reports
    required to be filed by subsections (1) and (2) of this section.

    (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 222;
    amended Pub. L. 95-511, title II, Sec. 201(h), Oct. 25, 1978, 92 Stat.
    1798; Pub. L. 99-508, title I, Secs. 101(c)(1)(A), 106(d)(4), Oct. 21,
    1986, 100 Stat. 1851, 1857.)

                                   Amendments

        1986--Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire, oral,
    or electronic'' for ``wire or oral'' in section catchline.
        Par. (1)(b). Pub. L. 99-508, Sec. 106(d)(4), inserted ``(including
    whether or not the order was an order with respect to which the
    requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title did
    not apply by reason of section 2518(11) of this title)''.
        Par. (3). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire,
    oral, or electronic'' for ``wire or oral''.
        1978--Par. (3). Pub. L. 95-511 inserted ``pursuant to this chapter''
    after ``wire or oral communications'' and ``granted or denied''.

                        Effective Date of 1986 Amendment

        Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
    and, in case of conduct pursuant to court order or extension, applicable
    only with respect to court orders and extensions made after such date,
    with special rule for State authorizations of interceptions, see section
    111 of Pub. L. 99-508, set out as a note under section 2510 of this
    title.

                        Effective Date of 1978 Amendment

        Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
    specifically provided, see section 401 of Pub. L. 95-511, set out as an
    Effective Date note under section 1801 of Title 50, War and National
    Defense.

    [CITE: 18USC2520]

    Sec. 2520. Recovery of civil damages authorized

        (a) In General.--Except as provided in section 2511(2)(a)(ii), any
    person whose wire, oral, or electronic communication is intercepted,
    disclosed, or intentionally used in violation of this chapter may in a
    civil action recover from the person or entity which engaged in that
    violation such relief as may be appropriate.
        (b) Relief.--In an action under this section, appropriate relief
    includes--
            (1) such preliminary and other equitable or declaratory relief
        as may be appropriate;
            (2) damages under subsection (c) and punitive damages in
        appropriate cases; and
            (3) a reasonable attorney's fee and other litigation costs
        reasonably incurred.

        (c) Computation of Damages.--(1) In an action under this section, if
    the conduct in violation of this chapter is the private viewing of a
    private satellite video communication that is not scrambled or encrypted
    or if the communication is a radio communication that is transmitted on
    frequencies allocated under subpart D of part 74 of the rules of the
    Federal Communications Commission that is not scrambled or encrypted and
    the conduct is not for a tortious or illegal purpose or for purposes of
    direct or indirect commercial advantage or private commercial gain, then
    the court shall assess damages as follows:
            (A) If the person who engaged in that conduct has not previously
        been enjoined under section 2511(5) and has not been found liable in
        a prior civil action under this section, the court shall assess the
        greater of the sum of actual damages suffered by the plaintiff, or
        statutory damages of not less than $50 and not more than $500.
            (B) If, on one prior occasion, the person who engaged in that
        conduct has been enjoined under section 2511(5) or has been found
        liable in a civil action under this section, the court shall assess
        the greater of the sum of actual damages suffered by the plaintiff,
        or statutory damages of not less than $100 and not more than $1000.

        (2) In any other action under this section, the court may assess as
    damages whichever is the greater of--
            (A) the sum of the actual damages suffered by the plaintiff and
        any profits made by the violator as a result of the violation; or
            (B) statutory damages of whichever is the greater of $100 a day
        for each day of violation or $10,000.

        (d) Defense.--A good faith reliance on--
            (1) a court warrant or order, a grand jury subpoena, a
        legislative authorization, or a statutory authorization;
            (2) a request of an investigative or law enforcement officer
        under section 2518(7) of this title; or
            (3) a good faith determination that section 2511(3) of this
        title permitted the conduct complained of;

    is a complete defense against any civil or criminal action brought under
    this chapter or any other law.
        (e) Limitation.--A civil action under this section may not be
    commenced later than two years after the date upon which the claimant
    first has a reasonable opportunity to discover the violation.

    (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 223;
    amended Pub. L. 91-358, title II, Sec. 211(c), July 29, 1970, 84 Stat.
    654; Pub. L. 99-508, title I, Sec. 103, Oct. 21, 1986, 100 Stat. 1853.)

                                   Amendments

        1986--Pub. L. 99-508 amended section generally. Prior to amendment,
    section read as follows: ``Any person whose wire or oral communication
    is intercepted, disclosed, or used in violation of this chapter shall
    (1) have a civil cause of action against any person who intercepts,
    discloses, or uses, or procures any other person to intercept, disclose,
    or use such communications, and (2) be entitled to recover from any such
    person--
            ``(a) actual damages but not less than liquidated damages
        computed at the rate of $100 a day for each day of violation or
        $1,000, whichever is higher;
            ``(b) punitive damages; and
            ``(c) a reasonable attorney's fee and other litigation costs
        reasonably incurred.
    A good faith reliance on a court order or legislative authorization
    shall constitute a complete defense to any civil or criminal action
    brought under this chapter or under any other law.''
        1970--Pub. L. 91-358 substituted provisions that a good faith
    reliance on a court order or legislative authorization constitute a
    complete defense to any civil or criminal action brought under this
    chapter or under any other law, for provisions that a good faith
    reliance on a court order or on the provisions of section 2518(7) of
    this chapter constitute a complete defense to any civil or criminal
    action brought under this chapter.

                        Effective Date of 1986 Amendment

        Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
    and, in case of conduct pursuant to court order or extension, applicable
    only with respect to court orders and extensions made after such date,
    with special rule for State authorizations of interceptions, see section
    111 of Pub. L. 99-508, set out as a note under section 2510 of this
    title.

                        Effective Date of 1970 Amendment

        Amendment by Pub. L. 91-358 effective on first day of seventh
    calendar month which begins after July 29, 1970, see section 901(a) of
    Pub. L. 91-358.

                      Section Referred to in Other Sections

        This section is referred to in section 2511 of this title.

    [CITE: 18USC2521]

    Sec. 2521. Injunction against illegal interception

        Whenever it shall appear that any person is engaged or is about to
    engage in any act which constitutes or will constitute a felony
    violation of this chapter, the Attorney General may initiate a civil
    action in a district court of the United States to enjoin such
    violation. The court shall proceed as soon as practicable to the hearing
    and determination of such an action, and may, at any time before final
    determination, enter such a restraining order or prohibition, or take
    such other action, as is warranted to prevent a continuing and
    substantial injury to the United States or to any person or class of
    persons for whose protection the action is brought. A proceeding under
    this section is governed by the Federal Rules of Civil Procedure, except
    that, if an indictment has been returned against the respondent,
    discovery is governed by the Federal Rules of Criminal Procedure.

    (Added Pub. L. 99-508, title I, Sec. 110(a), Oct. 21, 1986, 100 Stat.
    1859.)

                           References in Text

        The Federal Rules of Civil Procedure, referred to in text, are set
    out in the Appendix to Title 28, Judiciary and Judicial Procedure.
        The Federal Rules of Criminal Procedure, referred to in text, are
    set out in the Appendix to this title.

                                 Effective Date

        Section effective 90 days after Oct. 21, 1986, and, in case of
    conduct pursuant to court order or extension, applicable only with
    respect to court orders and extensions made after such date, with
    special rule for State authorizations of interceptions, see section 111
    of Pub. L. 99-508, set out as an Effective Date of 1986 Amendment note
    under section 2510 of this title.

    [CITE: 18USC2522]

    Sec. 2522. Enforcement of the Communications Assistance for Law
            Enforcement Act

        (a) Enforcement by Court Issuing Surveillance Order.--If a court
    authorizing an interception under this chapter, a State statute, or the
    Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
    or authorizing use of a pen register or a trap and trace device under
    chapter 206 or a State statute finds that a telecommunications carrier
    has failed to comply with the requirements of the Communications
    Assistance for Law Enforcement Act, the court may, in accordance with
    section 108 of such Act, direct that the carrier comply forthwith and
    may direct that a provider of support services to the carrier or the
    manufacturer of the carrier's transmission or switching equipment
    furnish forthwith modifications necessary for the carrier to comply.
        (b) Enforcement Upon Application by Attorney General.--The Attorney
    General may, in a civil action in the appropriate United States district
    court, obtain an order, in accordance with section 108 of the
    Communications Assistance for Law Enforcement Act, directing that a
    telecommunications carrier, a manufacturer of telecommunications
    transmission or switching equipment, or a provider of telecommunications
    support services comply with such Act.
        (c) Civil Penalty.--
            (1) In general.--A court issuing an order under this section
        against a telecommunications carrier, a manufacturer of
        telecommunications transmission or switching equipment, or a
        provider of telecommunications support services may impose a civil
        penalty of up to $10,000 per day for each day in violation after the
        issuance of the order or after such future date as the court may
        specify.
            (2) Considerations.--In determining whether to impose a civil
        penalty and in determining its amount, the court shall take into
        account--
                (A) the nature, circumstances, and extent of the violation;
                (B) the violator's ability to pay, the violator's good faith
            efforts to comply in a timely manner, any effect on the
            violator's ability to continue to do business, the degree of
            culpability, and the length of any delay in undertaking efforts
            to comply; and
                (C) such other matters as justice may require.

        (d) Definitions.--As used in this section, the terms defined in
    section 102 of the Communications Assistance for Law Enforcement Act
    have the meanings provided, respectively, in such section.

    (Added Pub. L. 103-414, title II, Sec. 201(a), Oct. 25, 1994, 108 Stat.
    4289.)

                           References in Text

        The Foreign Intelligence Surveillance Act of 1978, referred to in
    subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
    amended, which is classified principally to chapter 36 (Sec. 1801 et
    seq.) of Title 50, War and National Defense. For complete classification
    of this Act to the Code, see Short Title note set out under section 1801
    of Title 50 and Tables.
        The Communications Assistance for Law Enforcement Act, referred to
    in subsecs. (a) and (b), is title I of Pub. L. 103-414, Oct. 25, 1994,
    108 Stat. 4279, which is classified generally to subchapter I (Sec. 1001
    et seq.) of chapter 9 of Title 47, Telegraphs, Telephones, and
    Radiotelegraphs. Sections 102 and 108 of the Act are classified to
    sections 1001 and 1007, respectively, of Title 47. For complete
    classification of this Act to the Code, see Short Title note set out
    under section 1001 of Title 47 and Tables.

                      Section Referred to in Other Sections

        This section is referred to in sections 2518, 3124 of this title;
    title 47 section 1007.

    [Appended by JYA]

    [CITE: 18USC1029]

                     TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                                 PART I--CRIMES

                     CHAPTER 47--FRAUD AND FALSE STATEMENTS

    Sec. 1029. Fraud and related activity in connection with access
            devices

        (a) Whoever--
            (1) knowingly and with intent to defraud produces, uses, or
        traffics in one or more counterfeit access devices;
            (2) knowingly and with intent to defraud traffics in or uses one
        or more unauthorized access devices during any one-year period, and
        by such conduct obtains anything of value aggregating $1,000 or more
        during that period;
            (3) knowingly and with intent to defraud possesses fifteen or
        more devices which are counterfeit or unauthorized access devices;
            (4) knowingly, and with intent to defraud, produces, traffics
        in, has control or custody of, or possesses device-making equipment;
            (5) knowingly and with intent to defraud effects transactions,
        with 1 or more access devices issued to another person or persons,
        to receive payment or any other thing of value during any 1-year
        period the aggregate value of which is equal to or greater than
        $1,000;
            (6) without the authorization of the issuer of the access
        device, knowingly and with intent to defraud solicits a person for
        the purpose of--
                (A) offering an access device; or
                (B) selling information regarding or an application to
            obtain an access device;

            (7) knowingly and with intent to defraud uses, produces,
        traffics in, has control or custody of, or possesses a
        telecommunications instrument that has been modified or altered to
        obtain unauthorized use of telecommunications services;
            (8) knowingly and with intent to defraud uses, produces,
        traffics in, has control or custody of, or possesses--
                (A) a scanning receiver; or
                (B) hardware or software used for altering or modifying
            telecommunications instruments to obtain unauthorized access to
            telecommunications services,\1\ or
    ---------------------------------------------------------------------------
        \1\ So in original. The comma probably should be a semicolon.

            (9) without the authorization of the credit card system member
        or its agent, knowingly and with intent to defraud causes or
        arranges for another person to present to the member or its agent,
        for payment, 1 or more evidences or records of transactions made by
    ---------------------------------------------------------------------------
        an access device;

    shall, if the offense affects interstate or foreign commerce, be
    punished as provided in subsection (c) of this section.
        (b)(1) Whoever attempts to commit an offense under subsection (a) of
    this section shall be punished as provided in subsection (c) of this
    section.
        (2) Whoever is a party to a conspiracy of two or more persons to
    commit an offense under subsection (a) of this section, if any of the
    parties engages in any conduct in furtherance of such offense, shall be
    fined an amount not greater than the amount provided as the maximum fine
    for such offense under subsection (c) of this section or imprisoned not
    longer than one-half the period provided as the maximum imprisonment for
    such offense under subsection (c) of this section, or both.
        (c) The punishment for an offense under subsection (a) or (b)(1) of
    this section is--
            (1) a fine under this title or twice the value obtained by the
        offense, whichever is greater, or imprisonment for not more than ten
        years, or both, in the case of an offense under subsection (a)(2),
        (3), (5), (6), (7), (8), or (9) of this section which does not occur
        after a conviction for another offense under either such subsection,
        or an attempt to commit an offense punishable under this paragraph;
            (2) a fine under this title or twice the value obtained by the
        offense, whichever is greater, or imprisonment for not more than
        fifteen years, or both, in the case of an offense under subsection
        (a)(1), (4), (5), (6), (7), or (8) of this section which does not
        occur after a conviction for another offense under either such
        subsection, or an attempt to commit an offense punishable under this
        paragraph; and
            (3) a fine under this title or twice the value obtained by the
        offense, whichever is greater, or imprisonment for not more than
        twenty years, or both, in the case of an offense under subsection
        (a) of this section which occurs after a conviction for another
        offense under such subsection, or an attempt to commit an offense
        punishable under this paragraph.

        (d) The United States Secret Service shall, in addition to any other
    agency having such authority, have the authority to investigate offenses
    under this section. Such authority of the United States Secret Service
    shall be exercised in accordance with an agreement which shall be
    entered into by the Secretary of the Treasury and the Attorney General.
        (e) As used in this section--
            (1) the term ``access device'' means any card, plate, code,
        account number, electronic serial number, mobile identification
        number, personal identification number, or other telecommunications
        service, equipment, or instrument identifier, or other means of
        account access that can be used, alone or in conjunction with
        another access device, to obtain money, goods, services, or any
        other thing of value, or that can be used to initiate a transfer of
        funds (other than a transfer originated solely by paper instrument);
            (2) the term ``counterfeit access device'' means any access
        device that is counterfeit, fictitious, altered, or forged, or an
        identifiable component of an access device or a counterfeit access
        device;
            (3) the term ``unauthorized access device'' means any access
        device that is lost, stolen, expired, revoked, canceled, or obtained
        with intent to defraud;
            (4) the term ``produce'' includes design, alter, authenticate,
        duplicate, or assemble;
            (5) the term ``traffic'' means transfer, or otherwise dispose
        of, to another, or obtain control of with intent to transfer or
        dispose of;
            (6) the term ``device-making equipment'' means any equipment,
        mechanism, or impression designed or primarily used for making an
        access device or a counterfeit access device; and
            (7) the term ``credit card system member'' means a financial
        institution or other entity that is a member of a credit card
        system, including an entity, whether affiliated with or identical to
        the credit card issuer, that is the sole member of a credit card
        system.
            (8) the term ``scanning receiver'' means a device or apparatus
        that can be used to intercept a wire or electronic communication in
        violation of chapter 119.

        (f) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law enforcement
    agency of the United States, a State, or a political subdivision of a
    State, or of an intelligence agency of the United States, or any
    activity authorized under chapter 224 of this title. For purposes of
    this subsection, the term ``State'' includes a State of the United
    States, the District of Columbia, and any commonwealth, territory, or
    possession of the United States.

    (Added Pub. L. 98-473, title II, Sec. 1602(a), Oct. 12, 1984, 98 Stat.
    2183; amended Pub. L. 99-646, Sec. 44(b), Nov. 10, 1986, 100 Stat. 3601;
    Pub. L. 101-647, title XII, Sec. 1205(f), Nov. 29, 1990, 104 Stat. 4831;
    Pub. L. 103-322, title XXV, Sec. 250007, title XXXIII,
    Sec. 330016(2)(I), Sept. 13, 1994, 108 Stat. 2087, 2148; Pub. L. 103-
    414, title II, Sec. 206, Oct. 25, 1994, 108 Stat. 4291; Pub. L. 104-294,
    title VI, Sec. 601(l), Oct. 11, 1996, 110 Stat. 3501.)

                                   Amendments

        1996--Subsec. (a)(5). Pub. L. 104-294, Sec. 601(l)(1)(A),
    redesignated par. (5), relating to instruments that have been modified
    or altered to obtain unauthorized access to telecommunications services,
    as (7).
        Subsec. (a)(6). Pub. L. 104-294, Sec. 601(l)(1)(C), in par. (6)
    relating to solicitations, struck out ``or'' at end.
        Pub. L. 104-294, Sec. 601(l)(1)(A), redesignated par. (6), relating
    to scanning receivers or other hardware or software used to obtain
    unauthorized access to telecommunications services, as (8).
        Subsec. (a)(7). Pub. L. 104-294, Sec. 601(l)(1)(A), (C),
    redesignated par. (5), relating to instruments that have been modified
    or altered to obtain unauthorized access to telecommunications services,
    as (7), and struck out ``or'' at end. Par. transferred to appear in
    numerical order to reflect probable intent of Congress. Former par. (7)
    redesignated (9).
        Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated par. (7) as (9).
        Subsec. (a)(8). Pub. L. 104-294, Sec. 601(l)(1)(A), (D),
    redesignated par. (6), relating to scanning receivers or other hardware
    or software used to obtain unauthorized access to telecommunications
    services, as (8) and inserted ``or'' at end. Par. transferred to appear
    in numerical order to reflect probable intent of Congress.
        Subsec. (a)(9). Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated
    par. (7) as (9).
        Subsec. (c)(1). Pub. L. 104-294, Sec. 601(l)(3)(A), substituted
    ``(7), (8), or (9)'' for ``or (7)''.
        Subsec. (c)(2). Pub. L. 104-294, Sec. 601(l)(3)(B), substituted
    ``(6), (7), or (8)'' for ``or (6)''.
        Subsec. (e)(7), (8). Pub. L. 104-294, Sec. 601(l)(2), redesignated
    par. (7), defining ``scanning receiver'', as (8).
        1994--Subsec. (a)(3). Pub. L. 103-322, Sec. 250007(1)(A), and Pub.
    L. 103-414, Sec. 206(a)(1), amended par. (3) identically, striking
    ``or'' at end.
        Subsec. (a)(5). Pub. L. 103-414, Sec. 206(a)(2), added par. (5)
    relating to instruments that have been modified or altered to obtain
    unauthorized use of telecommunications services.
        Pub. L. 103-322, Sec. 250007(1)(B), added par. (5) relating to
    transactions involving use of access devices issued to persons other
    than user.
        Subsec. (a)(6). Pub. L. 103-414, Sec. 206(a)(2), added par. (6)
    relating to scanning receivers or other hardware or software used to
    obtain unauthorized access to telecommunications services.
        Pub. L. 103-322, Sec. 250007(1)(B), added par. (6) relating to
    solicitations which offer access devices or information regarding access
    devices.
        Subsec. (a)(7). Pub. L. 103-322, Sec. 250007(1)(B), added par. (7).
        Subsec. (c)(1). Pub. L. 103-322, Sec. 330016(2)(I), substituted
    ``fine under this title or twice the value obtained by the offense,
    whichever is greater, or imprisonment'' for ``fine of not more than the
    greater of $10,000 or twice the value obtained by the offense or
    imprisonment''.
        Pub. L. 103-322, Sec. 250007(2), substituted ``(a)(2), (3), (5),
    (6), or (7)'' for ``(a)(2) or (a)(3)''.
        Subsec. (c)(2). Pub. L. 103-414, Sec. 206(b), substituted ``(a)(1),
    (4), (5), or (6)'' for ``(a)(1) or (a)(4)''.
        Pub. L. 103-322, Sec. 330016(2)(I), substituted ``fine under this
    title or twice the value obtained by the offense, whichever is greater,
    or imprisonment'' for ``fine of not more than the greater of $50,000 or
    twice the value obtained by the offense or imprisonment''.
        Subsec. (c)(3). Pub. L. 103-322, Sec. 330016(2)(I), substituted
    ``fine under this title or twice the value obtained by the offense,
    whichever is greater, or imprisonment'' for ``fine of not more than the
    greater of $100,000 or twice the value obtained by the offense or
    imprisonment''.
        Subsec. (e)(1). Pub. L. 103-414, Sec. 206(c)(1), inserted
    ``electronic serial number, mobile identification number, personal
    identification number, or other telecommunications service, equipment,
    or instrument identifier,'' after ``account number,''.
        Subsec. (e)(5), (6). Pub. L. 103-322, Sec. 250007(3)(A), (B), and
    Pub. L. 103-414, Sec. 206(c)(2), (3), amended subsec. (e) identically,
    striking ``and'' at end of par. (5) and substituting ``; and'' for
    period at end of par. (6).
        Subsec. (e)(7). Pub. L. 103-414, Sec. 206(c)(4), added par. (7)
    defining ``scanning receiver''.
        Pub. L. 103-322, Sec. 250007(3)(C), added par. (7) defining ``credit
    card system member''.
        1990--Subsec. (f). Pub. L. 101-647 inserted at end ``For purposes of
    this subsection, the term `State' includes a State of the United States,
    the District of Columbia, and any commonwealth, territory, or possession
    of the United States.''
        1986--Subsec. (f). Pub. L. 99-646 which directed that subsec. (f) be
    amended by substituting ``chapter 224 of this title'' for ``title V of
    the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)''
    was executed by making the substitution for ``title V of the Organized
    Crime Control Act of 1970) 18 U.S.C. note prec. 3481)'' to reflect the
    probable intent of Congress.

                               Report to Congress

        Section 1603 of Pub. L. 98-473 directed Attorney General to report
    to Congress annually, during first three years following Oct. 12, 1984,
    concerning prosecutions under this section.

                      Section Referred to in Other Sections

        This section is referred to in sections 981, 982, 1030, 1961, 2326,
    2516 of this title; title 31 section 9703.

    [CITE: 18USC2232]

                     TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                                 PART I--CRIMES

                       CHAPTER 109--SEARCHES AND SEIZURES

    Sec. 2232. Destruction or removal of property to prevent seizure

        (a) Physical Interference With Search.--Whoever, before, during, or
    after seizure of any property by any person authorized to make searches
    and seizures, in order to prevent the seizure or securing of any goods,
    wares, or merchandise by such person, staves, breaks, throws overboard,
    destroys, or removes the same, shall be fined under this title or
    imprisoned not more than five years, or both.
        (b) Notice of Search.--Whoever, having knowledge that any person
    authorized to make searches and seizures has been authorized or is
    otherwise likely to make a search or seizure, in order to prevent the
    authorized seizing or securing of any person, goods, wares, merchandise
    or other property, gives notice or attempts to give notice of the
    possible search or seizure to any person shall be fined under this title
    or imprisoned not more than five years, or both.
        (c) Notice of Certain Electronic Surveillance.--Whoever, having
    knowledge that a Federal investigative or law enforcement officer has
    been authorized or has applied for authorization under chapter 119 to
    intercept a wire, oral, or electronic communication, in order to
    obstruct, impede, or prevent such interception, gives notice or attempts
    to give notice of the possible interception to any person shall be fined
    under this title or imprisoned not more than five years, or both.
        Whoever, having knowledge that a Federal officer has been authorized
    or has applied for authorization to conduct electronic surveillance
    under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801,
    et seq.), in order to obstruct, impede, or prevent such activity, gives
    notice or attempts to give notice of the possible activity to any person
    shall be fined under this title or imprisoned not more than five years,
    or both.

    (June 25, 1948, ch. 645, 62 Stat. 802; Oct. 12, 1984, Pub. L. 98-473,
    title II, Sec. 1103, 98 Stat. 2143; Oct. 21, 1986, Pub. L. 99-508, title
    I, Sec. 109, 100 Stat. 1858; Nov. 10, 1986, Pub. L. 99-646, Sec. 33, 100
    Stat. 3598; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7066, 102
    Stat. 4404; Sept. 13, 1994, Pub. L. 103-322, title XXXIII,
    Sec. 330016(1)(L), 108 Stat. 2147.)

                          Historical and Revision Notes

        Based on title 18, U.S.C., 1940 ed., Sec. 121 (Mar. 4, 1909, ch.
    321, Sec. 65, 35 Stat. 1100).
        Section was formed from the words following the first semicolon and
    ending with the second semicolon, in section 121 of title 18, U.S.C.,
    1940 ed.
        The remaining provisions of section 121 of title 18, U.S.C., 1940
    ed., relating to assaulting, resisting, or interfering with customs
    officers, revenue officers, or other persons, and to the rescue of
    seized property, constitute, along with provisions from other sections,
    sections 2231 and 2233 of this title.
        Minor changes were made in phraseology.

                           References in Text

        The Foreign Intelligence Surveillance Act of 1978, referred to in
    subsec. (c), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
    amended, which is classified principally to chapter 36 (Sec. 1801 et
    seq.) of Title 50, War and National Defense. For complete classification
    of this Act to the Code, see Short Title note set out under section 1801
    of Title 50 and Tables.

                                   Amendments

        1994--Subsecs. (a), (b). Pub. L. 103-322 substituted ``fined under
    this title'' for ``fined not more than $10,000''.
        1988--Subsec. (c). Pub. L. 100-690 inserted ``of 1978'' after
    ``Surveillance Act''.
        1986--Pub. L. 99-646 directed the designation of first and second
    pars. as subsecs. (a) and (b), respectively, which had been previously
    so designated by Pub. L. 99-508, and substituted ``imprisoned not'' for
    ``imprisoned'' in subsec. (a).
        Pub. L. 99-508 designated first and second pars. as subsecs. (a) and
    (b), respectively, and inserted headings, and added subsec. (c).
        1984--Pub. L. 98-473, Sec. 1103(a), substituted provisions raising
    the maximum fine from $2,000 to $10,000 and raising the maximum term of
    imprisonment from two years to five years.
        Pub. L. 98-473, Sec. 1103(b), inserted paragraph relating to the
    penalties for warning the subject of a search.

                        Effective Date of 1986 Amendment

        Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
    and, in case of conduct pursuant to court order or extension, applicable
    only with respect to court orders and extensions made after such date,
    with special rule for State authorizations of interceptions, see section
    111 of Pub. L. 99-508, set out as a note under section 2510 of this
    title.

    [CITE: 47USC605]

              TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

                     CHAPTER 5--WIRE OR RADIO COMMUNICATION

                     SUBCHAPTER VI--MISCELLANEOUS PROVISIONS

    Sec. 605. Unauthorized publication or use of communications

    (a) Practices prohibited

        Except as authorized by chapter 119, title 18, no person receiving,
    assisting in receiving, transmitting, or assisting in transmitting, any
    interstate or foreign communication by wire or radio shall divulge or
    publish the existence, contents, substance, purport, effect, or meaning
    thereof, except through authorized channels of transmission or
    reception, (1) to any person other than the addressee, his agent, or
    attorney, (2) to a person employed or authorized to forward such
    communication to its destination, (3) to proper accounting or
    distributing officers of the various communicating centers over which
    the communication may be passed, (4) to the master of a ship under whom
    he is serving, (5) in response to a subpena issued by a court of
    competent jurisdiction, or (6) on demand of other lawful authority. No
    person not being authorized by the sender shall intercept any radio
    communication and divulge or publish the existence, contents, substance,
    purport, effect, or meaning of such intercepted communication to any
    person. No person not being entitled thereto shall receive or assist in
    receiving any interstate or foreign communication by radio and use such
    communication (or any information therein contained) for his own benefit
    or for the benefit of another not entitled thereto. No person having
    received any intercepted radio communication or having become acquainted
    with the contents, substance, purport, effect, or meaning of such
    communication (or any part thereof) knowing that such communication was
    intercepted, shall divulge or publish the existence, contents,
    substance, purport, effect, or meaning of such communication (or any
    part thereof) or use such communication (or any information therein
    contained) for his own benefit or for the benefit of another not
    entitled thereto. This section shall not apply to the receiving,
    divulging, publishing, or utilizing the contents of any radio
    communication which is transmitted by any station for the use of the
    general public, which relates to ships, aircraft, vehicles, or persons
    in distress, or which is transmitted by an amateur radio station
    operator or by a citizens band radio operator.

    (b) Exceptions

        The provisions of subsection (a) of this section shall not apply to
    the interception or receipt by any individual, or the assisting
    (including the manufacture or sale) of such interception or receipt, of
    any satellite cable programming for private viewing if--
            (1) the programming involved is not encrypted; and
            (2)(A) a marketing system is not established under which--
                (i) an agent or agents have been lawfully designated for the
            purpose of authorizing private viewing by individuals, and
                (ii) such authorization is available to the individual
            involved from the appropriate agent or agents; or

            (B) a marketing system described in subparagraph (A) is
        established and the individuals receiving such programming has
        obtained authorization for private viewing under that system.

    (c) Scrambling of Public Broadcasting Service programming

        No person shall encrypt or continue to encrypt satellite delivered
    programs included in the National Program Service of the Public
    Broadcasting Service and intended for public viewing by retransmission
    by television broadcast stations; except that as long as at least one
    unencrypted satellite transmission of any program subject to this
    subsection is provided, this subsection shall not prohibit additional
    encrypted satellite transmissions of the same program.

    (d) Definitions

        For purposes of this section--
            (1) the term ``satellite cable programming'' means video
        programming which is transmitted via satellite and which is
        primarily intended for the direct receipt by cable operators for
        their retransmission to cable subscribers;
            (2) the term ``agent'', with respect to any person, includes an
        employee of such person;
            (3) the term ``encrypt'', when used with respect to satellite
        cable programming, means to transmit such programming in a form
        whereby the aural and visual characteristics (or both) are modified
        or altered for the purpose of preventing the unauthorized receipt of
        such programming by persons without authorized equipment which is
        designed to eliminate the effects of such modification or
        alteration;
            (4) the term ``private viewing'' means the viewing for private
        use in an individual's dwelling unit by means of equipment, owned or
        operated by such individual, capable of receiving satellite cable
        programming directly from a satellite;
            (5) the term ``private financial gain'' shall not include the
        gain resulting to any individual for the private use in such
        individual's dwelling unit of any programming for which the
        individual has not obtained authorization for that use; and
            (6) the term ``any person aggrieved'' shall include any person
        with proprietary rights in the intercepted communication by wire or
        radio, including wholesale or retail distributors of satellite cable
        programming, and, in the case of a violation of paragraph (4) of
        subsection (e) of this section, shall also include any person
        engaged in the lawful manufacture, distribution, or sale of
        equipment necessary to authorize or receive satellite cable
        programming.

    (e) Penalties; civil actions; remedies; attorney's fees and costs;
            computation of damages; regulation by State and local
            authorities

        (1) Any person who willfully violates subsection (a) of this section
    shall be fined not more than $2,000 or imprisoned for not more than 6
    months, or both.
        (2) Any person who violates subsection (a) of this section willfully
    and for purposes of direct or indirect commercial advantage or private
    financial gain shall be fined not more than $50,000 or imprisoned for
    not more than 2 years, or both, for the first such conviction and shall
    be fined not more than $100,000 or imprisoned for not more than 5 years,
    or both, for any subsequent conviction.
        (3)(A) Any person aggrieved by any violation of subsection (a) of
    this section or paragraph (4) of this subsection may bring a civil
    action in a United States district court or in any other court of
    competent jurisdiction.
        (B) The court--
            (i) may grant temporary and final injunctions on such terms as
        it may deem reasonable to prevent or restrain violations of
        subsection (a) of this section;
            (ii) may award damages as described in subparagraph (C); and
            (iii) shall direct the recovery of full costs, including
        awarding reasonable attorneys' fees to an aggrieved party who
        prevails.

        (C)(i) Damages awarded by any court under this section shall be
    computed, at the election of the aggrieved party, in accordance with
    either of the following subclauses;
            (I) the party aggrieved may recover the actual damages suffered
        by him as a result of the violation and any profits of the violator
        that are attributable to the violation which are not taken into
        account in computing the actual damages; in determining the
        violator's profits, the party aggrieved shall be required to prove
        only the violator's gross revenue, and the violator shall be
        required to prove his deductible expenses and the elements of profit
        attributable to factors other than the violation; or
            (II) the party aggrieved may recover an award of statutory
        damages for each violation of subsection (a) of this section
        involved in the action in a sum of not less than $1,000 or more than
        $10,000, as the court considers just, and for each violation of
        paragraph (4) of this subsection involved in the action an aggrieved
        party may recover statutory damages in a sum not less than $10,000,
        or more than $100,000, as the court considers just.

        (ii) In any case in which the court finds that the violation was
    committed willfully and for purposes of direct or indirect commercial
    advantage or private financial gain, the court in its discretion may
    increase the award of damages, whether actual or statutory, by an amount
    of not more than $100,000 for each violation of subsection (a) of this
    section.
        (iii) In any case where the court finds that the violator was not
    aware and had no reason to believe that his acts constituted a violation
    of this section, the court in its discretion may reduce the award of
    damages to a sum of not less than $250.
        (4) Any person who manufactures, assembles, modifies, imports,
    exports, sells, or distributes any electronic, mechanical, or other
    device or equipment, knowing or having reason to know that the device or
    equipment is primarily of assistance in the unauthorized decryption of
    satellite cable programming, or direct-to-home satellite services, or is
    intended for any other activity prohibited by subsection (a) of this
    section, shall be fined not more than $500,000 for each violation, or
    imprisoned for not more than 5 years for each violation, or both. For
    purposes of all penalties and remedies established for violations of
    this paragraph, the prohibited activity established herein as it applies
    to each such device shall be deemed a separate violation.
        (5) The penalties under this subsection shall be in addition to
    those prescribed under any other provision of this subchapter.
        (6) Nothing in this subsection shall prevent any State, or political
    subdivision thereof, from enacting or enforcing any laws with respect to
    the importation, sale, manufacture, or distribution of equipment by any
    person with the intent of its use to assist in the interception or
    receipt of radio communications prohibited by subsection (a) of this
    section.

    (f) Rights, obligations, and liabilities under other laws unaffected

        Nothing in this section shall affect any right, obligation, or
    liability under title 17, any rule, regulation, or order thereunder, or
    any other applicable Federal, State, or local law.

    (g) Universal encryption standard

        The Commission shall initiate an inquiry concerning the need for a
    universal encryption standard that permits decryption of satellite cable
    programming intended for private viewing. In conducting such inquiry,
    the Commission shall take into account--
            (1) consumer costs and benefits of any such standard, including
        consumer investment in equipment in operation;
            (2) incorporation of technological enhancements, including
        advanced television formats;
            (3) whether any such standard would effectively prevent present
        and future unauthorized decryption of satellite cable programming;
            (4) the costs and benefits of any such standard on other
        authorized users of encrypted satellite cable programming, including
        cable systems and satellite master antenna television systems;
            (5) the effect of any such standard on competition in the
        manufacture of decryption equipment; and
            (6) the impact of the time delay associated with the Commission
        procedures necessary for establishment of such standards.

    (h) Rulemaking for encryption standard

        If the Commission finds, based on the information gathered from the
    inquiry required by subsection (g) of this section, that a universal
    encryption standard is necessary and in the public interest, the
    Commission shall initiate a rulemaking to establish such a standard.

    (June 19, 1934, ch. 652, title VII, Sec. 705, formerly title VI,
    Sec. 605, 48 Stat. 1103; June 19, 1968, Pub. L. 90-351, title III,
    Sec. 803, 82 Stat. 223; Sept. 13, 1982, Pub. L. 97-259, title I,
    Sec. 126, 96 Stat. 1099; renumbered title VII, Sec. 705, and amended
    Oct. 30, 1984, Pub. L. 98-549, Secs. 5(a), 6(a), 98 Stat. 2802, 2804;
    Nov. 7, 1988, Pub. L. 100-626, Sec. 11, 102 Stat. 3211; Nov. 16, 1988,
    Pub. L. 100-667, title II, Secs. 204, 205, 102 Stat. 3958, 3959; Oct.
    25, 1994, Pub. L. 103-414, title III, Secs. 303(a)(25)-(28), 304(a)(15),
    108 Stat. 4295-4297; Feb. 8, 1996, Pub. L. 104-104, title II,
    Sec. 205(a), 110 Stat. 114.)

                                   Amendments

        1996--Subsec. (e)(4). Pub. L. 104-104 inserted ``or direct-to-home
    satellite services,'' after ``programming,''.
        1994--Subsec. (d)(6). Pub. L. 103-414, Sec. 303(a)(25), substituted
    ``subsection (e)'' for ``subsection (d)''.
        Subsec. (e)(3)(A). Pub. L. 103-414, Sec. 303(a)(26), substituted
    ``paragraph (4) of this subsection'' for ``paragraph (4) of subsection
    (d) of this section''.
        Subsec. (f). Pub. L. 103-414, Sec. 303(a)(27), redesignated subsec.
    (f), relating to universal encryption standard, as (g).
        Subsec. (g). Pub. L. 103-414, Sec. 304(a)(15), which directed
    substitution of ``The Commission'' for ``within 6 months after November
    16, 1988, the Federal Communications Commission'', was executed by
    making the substitution in text which read ``Within 6 months'' rather
    than ``within 6 months'' in introductory provisions to reflect the
    probable intent of Congress.
        Pub. L. 103-414, Sec. 303(a)(27), redesignated subsec. (f), relating
    to universal encryption standard, as (g). Former subsec. (g)
    redesignated (h).
        Subsec. (h). Pub. L. 103-414, Sec. 303(a)(27), (28), redesignated
    subsec. (g) as (h) and substituted ``subsection (g)'' for ``subsection
    (f)''.
        1988--Subsecs. (c), (d). Pub. L. 100-626 added subsec. (c) and
    redesignated former subsec. (c) as (d). Former subsec. (d) redesignated
    (e).
        Subsec. (d)(6). Pub. L. 100-667, Sec. 205(1), which directed the
    addition of par. (6) to subsec. (c), was executed to subsec. (d) to
    reflect the probable intent of Congress and the intervening
    redesignation of subsec. (c) as (d) by Pub. L. 100-626.
        Subsec. (e). Pub. L. 100-667, Sec. 205(2)-(12), which directed the
    amendment of subsec. (d)(1) to (4) of this section, was executed to
    subsec. (e)(1) to (4) of this section, see below, to reflect the
    probable intent of Congress and the intervening redesignation of subsec.
    (d) as (e) by Pub. L. 100-626.
        Pub. L. 100-626 redesignated subsec. (d) as (e). Former subsec. (e)
    redesignated (f).
        Subsec. (e)(1). Pub. L. 100-667, Sec. 205(2), substituted ``$2,000''
    for ``$1,000''.
        Subsec. (e)(2). Pub. L. 100-667, Sec. 205(3), substituted ``$50,000
    or imprisoned for not more than 2 years, or both, for the first such
    conviction and shall be fined not more than $100,000 or imprisoned for
    not more than 5 years'' for ``$25,000 or imprisoned for not more than 1
    year, or both, for the first such conviction and shall be fined not more
    than $50,000 or imprisoned for not more than 2 years''.
        Subsec. (e)(3)(A). Pub. L. 100-667, Sec. 205(4), inserted ``or
    paragraph (4) of subsection (d) of this section'' before ``may bring''.
        Subsec. (e)(3)(B). Pub. L. 100-667, Sec. 205(5)-(8), struck out
    ``may'' after ``The court'' and substituted ``may grant'' for ``grant''
    in cl. (i), ``may award'' for ``award'' in cl. (ii), and ``shall
    direct'' for ``direct'' in cl. (iii).
        Subsec. (e)(3)(C)(i)(II). Pub. L. 100-667, Sec. 205(9), inserted
    ``of subsection (a) of this section'' after ``violation'', substituted
    ``$1,000'' for ``$250'', and inserted before period at end ``, and for
    each violation of paragraph (4) of this subsection involved in the
    action an aggrieved party may recover statutory damages in a sum not
    less than $10,000, or more than $100,000, as the court considers just''.
        Subsec. (e)(3)(C)(ii). Pub. L. 100-667, Sec. 205(10), substituted
    ``$100,000 for each violation of subsection (a) of this section'' for
    ``$50,000''.
        Subsec. (e)(3)(C)(iii). Pub. L. 100-667, Sec. 205(11), substituted
    ``$250'' for ``$100''.
        Subsec. (e)(4). Pub. L. 100-667, Sec. 205(12), added par. (4) and
    struck out former par. (4) which read as follows: ``The importation,
    manufacture, sale, or distribution of equipment by any person with the
    intent of its use to assist in any activity prohibited by subsection (a)
    of this section shall be subject to penalties and remedies under this
    subsection to the same extent and in the same manner as a person who has
    engaged in such prohibited activity.''
        Subsec. (f). Pub. L. 100-667, Sec. 204, added subsec. (f) relating
    to universal encryption standard.
        Pub. L. 100-626 redesignated subsec. (e), relating to rights,
    obligations, and liabilities under other laws, as (f).
        Subsec. (g). Pub. L. 100-667, Sec. 204, added subsec. (g).
        1984--Pub. L. 98-549, Sec. 5(a), designated existing provisions as
    subsec. (a) and added subsecs. (b) to (e).
        1982--Pub. L. 97-259 struck out ``broadcast or'' after
    ``communication which is'', substituted ``any station'' for ``amateurs
    or others'', struck out ``or'' after ``general public,'', and
    substituted ``ships, aircraft, vehicles, or persons in distress, or
    which is transmitted by an amateur radio station operator or by a
    citizens band radio operator'' for ``ships in distress''.
        1968--Pub. L. 90-351 inserted ``Except as authorized by chapter 119,
    title 18'', designated existing provisions as cls. (1) to (6), inserted
    ``radio'' before ``communication'' in second and fourth sentences,
    struck out ``wire or'' before ``radio'' in third sentence, and
    substituted ``intercepted'' for ``obtained'' in fourth sentence.

                        Effective Date of 1988 Amendment

        Amendment by Pub. L. 100-667 effective Jan. 1, 1989, see section 206
    of Pub. L. 100-667, set out as an Effective Date note under section 119
    of Title 17, Copyrights.

                        Effective Date of 1984 Amendment

        Section 5(b) of Pub. L. 98-549 provided that: ``The amendments made
    by subsection (a) [amending this section] shall take effect on the
    effective date of this Act [Dec. 29, 1984].''
        Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984,
    except where otherwise expressly provided, see section 9(a) of Pub. L.
    98-549, set out as an Effective Date note under section 521 of this
    title.

                      Section Referred to in Other Sections

        This section is referred to in sections 548, 612 of this title;
    title 18 section 2511; title 50 section 1805.

    [CITE: 47USC1008]

              TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

           CHAPTER 9--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

         SUBCHAPTER I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

    Sec. 1008. Payment of costs of telecommunications carriers to
            comply with capability requirements

    (a) Equipment, facilities, and services deployed on or before January 1,
            1995

        The Attorney General may, subject to the availability of
    appropriations, agree to pay telecommunications carriers for all
    reasonable costs directly associated with the modifications performed by
    carriers in connection with equipment, facilities, and services
    installed or deployed on or before January 1, 1995, to establish the
    capabilities necessary to comply with section 1002 of this title.

    (b) Equipment, facilities, and services deployed after January 1, 1995

                 (1) Determinations of reasonably achievable

            The Commission, on petition from a telecommunications carrier or
        any other interested person, and after notice to the Attorney
        General, shall determine whether compliance with the assistance
        capability requirements of section 1002 of this title is reasonably
        achievable with respect to any equipment, facility, or service
        installed or deployed after January 1, 1995. The Commission shall
        make such determination within 1 year after the date such petition
        is filed. In making such determination, the Commission shall
        determine whether compliance would impose significant difficulty or
        expense on the carrier or on the users of the carrier's systems and
        shall consider the following factors:
                (A) The effect on public safety and national security.
                (B) The effect on rates for basic residential telephone
            service.
                (C) The need to protect the privacy and security of
            communications not authorized to be intercepted.
                (D) The need to achieve the capability assistance
            requirements of section 1002 of this title by cost-effective
            methods.
                (E) The effect on the nature and cost of the equipment,
            facility, or service at issue.
                (F) The effect on the operation of the equipment, facility,
            or service at issue.
                (G) The policy of the United States to encourage the
            provision of new technologies and services to the public.
                (H) The financial resources of the telecommunications
            carrier.
                (I) The effect on competition in the provision of
            telecommunications services.
                (J) The extent to which the design and development of the
            equipment, facility, or service was initiated before January 1,
            1995.
                (K) Such other factors as the Commission determines are
            appropriate.

                              (2) Compensation

            If compliance with the assistance capability requirements of
        section 1002 of this title is not reasonably achievable with respect
        to equipment, facilities, or services deployed after January 1,
        1995--
                (A) the Attorney General, on application of a
            telecommunications carrier, may agree, subject to the
            availability of appropriations, to pay the telecommunications
            carrier for the additional reasonable costs of making compliance
            with such assistance capability requirements reasonably
            achievable; and
                (B) if the Attorney General does not agree to pay such
            costs, the telecommunications carrier shall be deemed to be in
            compliance with such capability requirements.

    (c) Allocation of funds for payment

        The Attorney General shall allocate funds appropriated to carry out
    this subchapter in accordance with law enforcement priorities determined
    by the Attorney General.

    (d) Failure to make payment with respect to equipment, facilities, and
            services deployed on or before January 1, 1995

        If a carrier has requested payment in accordance with procedures
    promulgated pursuant to subsection (e) of this section, and the Attorney
    General has not agreed to pay the telecommunications carrier for all
    reasonable costs directly associated with modifications necessary to
    bring any equipment, facility, or service deployed on or before January
    1, 1995, into compliance with the assistance capability requirements of
    section 1002 of this title, such equipment, facility, or service shall
    be considered to be in compliance with the assistance capability
    requirements of section 1002 of this title until the equipment,
    facility, or service is replaced or significantly upgraded or otherwise
    undergoes major modification.

    (e) Cost control regulations

                               (1) In general

            The Attorney General shall, after notice and comment, establish
        regulations necessary to effectuate timely and cost-efficient
        payment to telecommunications carriers under this subchapter, under
        chapters 119 and 121 of title 18, and under the Foreign Intelligence
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

                         (2) Contents of regulations

            The Attorney General, after consultation with the Commission,
        shall prescribe regulations for purposes of determining reasonable
        costs under this subchapter. Such regulations shall seek to minimize
        the cost to the Federal Government and shall--
                (A) permit recovery from the Federal Government of--
                    (i) the direct costs of developing the modifications
                described in subsection (a) of this section, of providing
                the capabilities requested under subsection (b)(2) of this
                section, or of providing the capacities requested under
                section 1003(e) of this title, but only to the extent that
                such costs have not been recovered from any other
                governmental or nongovernmental entity;
                    (ii) the costs of training personnel in the use of such
                capabilities or capacities; and
                    (iii) the direct costs of deploying or installing such
                capabilities or capacities;

                (B) in the case of any modification that may be used for any
            purpose other than lawfully authorized electronic surveillance
            by a law enforcement agency of a government, permit recovery of
            only the incremental cost of making the modification suitable
            for such law enforcement purposes; and
                (C) maintain the confidentiality of trade secrets.

                          (3) Submission of claims

            Such regulations shall require any telecommunications carrier
        that the Attorney General has agreed to pay for modifications
        pursuant to this section and that has installed or deployed such
        modification to submit to the Attorney General a claim for payment
        that contains or is accompanied by such information as the Attorney
        General may require.

    (Pub. L. 103-414, title I, Sec. 109, Oct. 25, 1994, 108 Stat. 4286.)

                           References in Text

        The Foreign Intelligence Surveillance Act of 1978, referred to in
    subsec. (e)(1), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
    amended, which is classified principally to chapter 36 (Sec. 1801 et
    seq.) of Title 50, War and National Defense. For complete classification
    of this Act to the Code, see Short Title note set out under section 1801
    of Title 50 and Tables.

                      Section Referred to in Other Sections

        This section is referred to in sections 158, 1002, 1003, 1005, 1007,
    1010, 1021 of this title.