Cryptography's Role In Securing The Information Society

Final printed version is available from:

http://www.nap.edu/bookstore

For May 30, 1996, pre-publication version, see:

http://jya.com/nrcindex.htm

For the contents of this new Appendix N, see:

http://jya.com/nrcnidx.htm

__________________________________________________________________

[Note: This version of Appendix N is taken from the final printed
version of the report received November 12, 1996,. In the pre-
publication version of May 30 "Laws, Documents, and Regulations, 
Relevant to Cryptography" was Appendix L. The printed version 
shifted this material to Appendix N to conclude the report with 
the lengthy documents promised in pre-publication.]

[Commences p. 489 of the final printed version; subsequent page
numbers are in brackets.]
__________________________________________________________________

NOTE [in original]: The material presented in this appendix has
been reprinted from electronic files available on the Internet and
is intended for use as a general reference, and not for legal
research or other work requiring authenticated primary sources.
__________________________________________________________________


                          N

          Laws, Documents, and Regulations, 
              Relevant to Cryptography 


                    N.1 STATUTES 

N.1.1 Wire and Electronic Communications Interception and
         Interception of Oral Communications 
          (U.S. Code, Title 18, Chapter 119)


Sec. 2510. Definitions.

     As used in this chapter:

     (1) 'wire communication' means any aural transfer made in
whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable, or other
like connection between the point of origin and the point of
reception (including the use of such connection in a switching
station) furnished or operated by any person engaged in providing
or operating such facilities for the transmission of interstate or
foreign communications or communications affecting interstate or
foreign commerce and such term includes any electronic storage of
such communication;
[490]

     (2) 'oral communication' means any oral communication
uttered by a person exhibiting an expectation that such
communication is not subject to interception under circumstances
justifying such expectation, but such term does not include any
electronic communication;

     (3) 'State' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States;

     (4) 'intercept' means the aural or other acquisition of the
contents of any wire, electronic, or oral communication through
the use of any electronic, mechanical, or other device;

     (5) 'electronic, mechanical, or other device' means any
device or apparatus which can be used to intercept a wire, oral,
or electronic communication other than--

(a)any telephone or telegraph instrument, equipment or facility,
or any component thereof, (i) furnished to the subscriber or user
by a provider of wire or electronic communication service in the
ordinary course of its business and being used by the subscriber
or user in the ordinary course of its business or furnished by
such subscriber or user for connection to the facilities of such
service and used in the ordinary course of its business; or (ii)
being used by a provider of wire or electronic communication
service in the ordinary course of its business, or by an
investigative or law enforcement officer in the ordinary course of
his duties;

(b) a hearing aid or similar device being used to correct
subnormal hearing to not better than normal;

     (6) 'person' means any employee, or agent of the United
States or any State or political subdivision thereof, and any
individual, partnership, association, joint stock company, trust,
or corporation;

     (7) 'Investigative or law enforcement officer' means any
officer of the United States or of a State or political
subdivision thereof, who is empowered by law to conduct
investigations of or to make arrests for offenses enumerated in
this chapter, and any attorney authorized by law to prosecute or
participate in the prosecution of such offenses;

     (8) 'contents', when used with respect to any wire, oral, or
electronic communication, includes any information concerning the
substance, purport, or meaning of that communication;

     (9) 'Judge of competent jurisdiction' means--

(a) a judge of a United States district court or a United States
court of appeals; and 

(b) a judge of any court of general criminal jurisdiction of a
State who is authorized by a statute of that State to enter orders
authorizing interceptions of wire, oral, or electronic
communications;
[491]

     (10) 'communication common carrier' shall have the same
meaning which is given the term 'common carrier' by section 153(h)
of title 47 of the United States Code;

     (11) 'aggrieved person' means a person who was a party to
any intercepted wire, oral, or electronic communication or a
person against whom the interception was directed;

     (12) 'electronic communication' means any transfer of signs,
signals, writing, images, sounds, data, or intelligence of any
nature transmitted in whole or in part by a wire, radio,
electromagnetic, photo-electronic or photo-optical system that
affects interstate or foreign commerce, but does not include--

(a) any wire or oral communication; 

(b) any communication made through a tone-only paging device; or

(c) any communication from a tracking device (as defined in
section 3117 of this title);

     (13) 'user' means any person or entity who-- 

(a) uses an electronic communication service; and 

(b) is duly authorized by the provider of such service to engage
in such use;

     (14) 'electronic communications system' means any wire,
radio, electromagnetic, photo-optical or photo-electronic
facilities for the transmission of electronic communications, and
any computer facilities or related electronic equipment for the
electronic storage of such communications;

     (15) 'electronic communication service' means any service
which provides to users thereof the ability to send or receive
wire or electronic communications;

     (16) 'readily accessible to the general public' means, with
respect to a radio communication, that such communication is not--

(a) scrambled or encrypted;

(b) transmitted using modulation techniques whose essential
parameters have been withheld from the public with the intention
of preserving the privacy of such communication;

(c) carried on a subcarrier or other signal subsidiary to a radio
transmission;

(d) transmitted over a communication system provided by a common
carrier, unless the communication is a tone only paging system
communication;

(e) transmitted on frequencies allocated under part 25, subpart D,
E, or F of part 74, or part 94 of the Rules of the Federal
Communications Commission, unless, in the case of a communication
transmitted on a frequency allocated under part 74 that is not
exclusively allocated to broadcast auxiliary services, the
communication is a two-way voice communication by radio; or

(f) an electronic communication; 

     (17) 'electronic storage' means--

(a) any temporary, intermediate storage of a wire or electronic
communication incidental to the electronic transmission thereof;
and
[492]

(b) any storage of such communication by an electronic
communication service for purposes of backup protection of such
communication; and

     (18) 'aural transfer' means a transfer containing the human
voice at any point between and including the point of origin and
the point of reception.


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; and

(A) 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; or

(B) 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;

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 [493] 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 
[494] 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 [495] 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 not more than
$500.

(c) Conduct otherwise an offense under this subsection that
consists of or relates [496] 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.


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
[497] 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 not more than $10,000 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.


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 [498] 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.


Sec. 2514. Repealed.


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.


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--

(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 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);

_________

(l) See 1984 Amendment note below.

[499]

(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, kidnaping, 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 v~7ith
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, kidnaping, 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),
or section 1992 (relating to wrecking trains);

(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; 

[500]

(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 ll(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);

(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; or(2)

(m) any felony violation of sections 922 and 924 of title 18,
United States Code (relating to firearms);

(n) any violation of section 5861 of the Internal Revenue Code of
1986 (relating to firearms); and(3)

(o) any conspiracy to commit any offense described in any
subparagraph of this paragraph.

_________

(2) So in original. The word 'or' probably should not appear. 

(3) So in original. Probably should be 'or'.


     (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 mav 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.


[501]

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.


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 [501]
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;

[503]

(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 [504] 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.

[505]

     (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, [506] 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 [507] 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.


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; [508]

(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.


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 [509]
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 [510] later than two years after the date upon which
the claimant first has a reasonable opportunity to discover the
violation.


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 und er 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.


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 ord er, in accordance with
section 108 o f 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 [511] 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.


[End N.1.1]
