-CITE-
    18 USC CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS
           INTERCEPTION AND INTERCEPTION OF ORAL
           COMMUNICATIONS                                  01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

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

-MISC1-
    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      Repealed.]                                            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.                                     

                                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.

-End-

-CITE-
    18 USC Sec. 2510                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2510. Definitions

-STATUTE-
      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;
        (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.(!1)

        (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;

        (10) "communication common carrier" has the meaning given that
      term in section 3 of the Communications Act of 1934;
        (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, photoelectronic or photooptical 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;
          (C) any communication from a tracking device (as defined in
        section 3117 of this title); or
          (D) electronic funds transfer information stored by a
        financial institution in a communications system used for the
        electronic storage and transfer of funds;

        (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, photooptical or photoelectronic facilities for
      the transmission of wire or 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; or
          (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;

        (17) "electronic storage" means - 
          (A) any temporary, intermediate storage of a wire or
        electronic communication incidental to the electronic
        transmission thereof; and
          (B) any storage of such communication by an electronic
        communication service for purposes of backup protection of such
        communication;

        (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;
        (19) "foreign intelligence information", for purposes of
      section 2517(6) of this title, means - 
          (A) information, whether or not concerning a United States
        person, that relates to the ability of the United States to
        protect against - 
            (i) actual or potential attack or other grave hostile acts
          of a foreign power or an agent of a foreign power;
            (ii) sabotage or international terrorism by a foreign power
          or an agent of a foreign power; or
            (iii) clandestine intelligence activities by an
          intelligence service or network of a foreign power or by an
          agent of a foreign power; or

          (B) information, whether or not concerning a United States
        person, with respect to a foreign power or foreign territory
        that relates to - 
            (i) the national defense or the security of the United
          States; or
            (ii) the conduct of the foreign affairs of the United
          States;

        (20) "protected computer" has the meaning set forth in section
      1030; and
        (21) "computer trespasser" - 
          (A) means a person who accesses a protected computer without
        authorization and thus has no reasonable expectation of privacy
        in any communication transmitted to, through, or from the
        protected computer; and
          (B) does not include a person known by the owner or operator
        of the protected computer to have an existing contractual
        relationship with the owner or operator of the protected
        computer for access to all or part of the protected computer.

-SOURCE-
    (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
    212; amended Pub. L. 99-508, title I, Sec. 101(a), (c)(1)(A), (4),
    Oct. 21, 1986, 100 Stat. 1848, 1851; Pub. L. 103-414, title II,
    Secs. 202(a), 203, Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104-
    132, title VII, Sec. 731, Apr. 24, 1996, 110 Stat. 1303; Pub. L.
    107-56, title II, Secs. 203(b)(2), 209(1), 217(1), Oct. 26, 2001,
    115 Stat. 280, 283, 290; Pub. L. 107-108, title III, Sec. 314(b),
    Dec. 28, 2001, 115 Stat. 1402; Pub. L. 107-273, div. B, title IV,
    Sec. 4002(e)(10), Nov. 2, 2002, 116 Stat. 1810.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 of the Communications Act of 1934, referred to in par.
    (10), is classified to section 153 of Title 47, Telegraphs,
    Telephones, and Radiotelegraphs.

-MISC1-
                                AMENDMENTS                            
      2002 - Par. (10). Pub. L. 107-273 substituted "has the meaning
    given that term in section 3 of the Communications Act of 1934;"
    for "shall have the same meaning which is given the term 'common
    carrier' by section 153(h) of title 47 of the United States Code;".
      2001 - Par. (1). Pub. L. 107-56, Sec. 209(1)(A), struck out "and
    such term includes any electronic storage of such communication"
    before semicolon at end.
      Par. (14). Pub. L. 107-56, Sec. 209(1)(B), inserted "wire or"
    after "transmission of".
      Par. (19). Pub. L. 107-108 inserted ", for purposes of section
    2517(6) of this title," before "means" in introductory provisions.
      Pub. L. 107-56, Sec. 203(b)(2), added par. (19).
      Pars. (20), (21). Pub. L. 107-56, Sec. 217(1), added pars. (20)
    and (21).
      1996 - Par. (12)(D). Pub. L. 104-132, Sec. 731(1), added subpar.
    (D).
      Par. (16)(F). Pub. L. 104-132, Sec. 731(2), struck out subpar.
    (F) which read as follows: "an electronic communication;".
      1994 - Par. (1). Pub. L. 103-414, Sec. 202(a)(1), struck out
    before semicolon at end ", but such term does not include the radio
    portion of a cordless telephone communication that is transmitted
    between the cordless telephone handset and the base unit".
      Par. (12). Pub. L. 103-414, Sec. 202(a)(2), redesignated subpars.
    (B) to (D) as (A) to (C), respectively, and struck out former
    subpar. (A) which read as follows: "the radio portion of a cordless
    telephone communication that is transmitted between the cordless
    telephone handset and the base unit;".
      Par. (16)(F). Pub. L. 103-414, Sec. 203, added subpar. (F).
      1986 - Par. (1). Pub. L. 99-508, Sec. 101(a)(1), substituted "any
    aural transfer" for "any communication", inserted "(including the
    use of such connection in a switching station)" after "reception",
    struck out "as a common carrier" after "person engaged", and
    inserted "or communications affecting interstate or foreign
    commerce and such term includes any electronic storage of such
    communication, but such term does not include the radio portion of
    a cordless telephone communication that is transmitted between the
    cordless telephone handset and the base unit" before the semicolon
    at end.
      Par. (2). Pub. L. 99-508, Sec. 101(a)(2), inserted ", but such
    term does not include any electronic communication" before the
    semicolon at end.
      Par. (4). Pub. L. 99-508, Sec. 101(a)(3), inserted "or other"
    after "aural" and ", electronic," after "wire".
      Par. (5). Pub. L. 99-508, Sec. 101(a)(4), (c)(1)(A), (4),
    substituted "wire, oral, or electronic" for "wire or oral" in
    introductory provisions, substituted "provider of wire or
    electronic communication service" for "communications common
    carrier" in subpars. (a)(i) and (ii), and inserted "or furnished by
    such subscriber or user for connection to the facilities of such
    service and used in the ordinary course of its business" before the
    semicolon in subpar. (a)(i).
      Par. (8). Pub. L. 99-508, Sec. 101(a)(5), (c)(1)(A), substituted
    "wire, oral, or electronic" for "wire or oral" and struck out
    "identity of the parties to such communication or the existence,"
    after "concerning the".
      Pars. (9)(b), (11). Pub. L. 99-508, Sec. 101(c)(1)(A),
    substituted "wire, oral, or electronic" for "wire or oral".
      Pars. (12) to (18). Pub. L. 99-508, Sec. 101(a)(6), added pars.
    (12) to (18).

                    TERMINATION DATE OF 2001 AMENDMENT                
      Pub. L. 107-56, title II, Sec. 224, Oct. 26, 2001, 115 Stat. 295,
    as amended by Pub. L. 109-160, Sec. 1, Dec. 30, 2005, 119 Stat.
    2957; Pub. L. 109-170, Sec. 1, Feb. 3, 2006, 120 Stat. 3, which
    provided that title II of Pub. L. 107-56 and the amendments made by
    that title would cease to have effect on Mar. 10, 2006, with
    certain exceptions, was repealed by Pub. L. 109-177, title I, Sec.
    102(a), Mar. 9, 2006, 120 Stat. 194.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 111 of title I of Pub. L. 99-508 provided that:
      "(a) In General. - Except as provided in subsection (b) or (c),
    this title and the amendments made by this title [enacting sections
    2521 and 3117 of this title, amending this section and sections
    2232, 2511 to 2513, and 2516 to 2520 of this title, and enacting
    provisions set out as notes under this section] shall take effect
    90 days after the date of the enactment of this Act [Oct. 21, 1986]
    and shall, in the case of conduct pursuant to a court order or
    extension, apply only with respect to court orders or extensions
    made after this title takes effect.
      "(b) Special Rule for State Authorizations of Interceptions. -
    Any interception pursuant to section 2516(2) of title 18 of the
    United States Code which would be valid and lawful without regard
    to the amendments made by this title shall be valid and lawful
    notwithstanding such amendments if such interception occurs during
    the period beginning on the date such amendments take effect and
    ending on the earlier of - 
        "(1) the day before the date of the taking effect of State law
      conforming the applicable State statute with chapter 119 of title
      18, United States Code, as so amended; or
        "(2) the date two years after the date of the enactment of this
      Act [Oct. 21, 1986].
      "(c) Effective Date for Certain Approvals by Justice Department
    Officials. - Section 104 of this Act [amending section 2516 of this
    title] shall take effect on the date of enactment of this Act [Oct.
    21, 1986]."

                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-112, Sec. 1, Nov. 21, 1997, 111 Stat. 2273, provided
    that: "This Act [amending section 2512 of this title] may be cited
    as the 'Law Enforcement Technology Advertisement Clarification Act
    of 1997'."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Section 1 of Pub. L. 99-508 provided that: "This Act [enacting
    sections 1367, 2521, 2701 to 2710, 3117, and 3121 to 3126 of this
    title, amending sections 2232, 2511 to 2513, and 2516 to 2520 of
    this title, and enacting provisions set out as notes under this
    section and sections 2701 and 3121 of this title] may be cited as
    the 'Electronic Communications Privacy Act of 1986'."

                          INTELLIGENCE ACTIVITIES                      
      Section 107 of Pub. L. 99-508 provided that:
      "(a) In General. - Nothing in this Act or the amendments made by
    this Act [see Short Title of 1986 Amendment note above] constitutes
    authority for the conduct of any intelligence activity.
      "(b) Certain Activities Under Procedures Approved by the Attorney
    General. - Nothing in chapter 119 or chapter 121 of title 18,
    United States Code, shall affect the conduct, by officers or
    employees of the United States Government in accordance with other
    applicable Federal law, under procedures approved by the Attorney
    General of activities intended to - 
        "(1) intercept encrypted or other official communications of
      United States executive branch entities or United States
      Government contractors for communications security purposes;
        "(2) intercept radio communications transmitted between or
      among foreign powers or agents of a foreign power as defined by
      the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801
      et seq.]; or
        "(3) access an electronic communication system used exclusively
      by a foreign power or agent of a foreign power as defined by the
      Foreign Intelligence Surveillance Act of 1978."

                          CONGRESSIONAL FINDINGS                      
      Section 801 of Pub. L. 90-351 provided that: "On the basis of its
    own investigations and of published studies, the Congress makes the
    following findings:
      "(a) Wire communications are normally conducted through the use
    of facilities which form part of an interstate network. The same
    facilities are used for interstate and intrastate communications.
    There has been extensive wiretapping carried on without legal
    sanctions, and without the consent of any of the parties to the
    conversation. Electronic, mechanical, and other intercepting
    devices are being used to overhear oral conversations made in
    private, without the consent of any of the parties to such
    communications. The contents of these communications and evidence
    derived therefrom are being used by public and private parties as
    evidence in court and administrative proceedings, and by persons
    whose activities affect interstate commerce. The possession,
    manufacture, distribution, advertising, and use of these devices
    are facilitated by interstate commerce.
      "(b) In order to protect effectively the privacy of wire and oral
    communications, to protect the integrity of court and
    administrative proceedings, and to prevent the obstruction of
    interstate commerce, it is necessary for Congress to define on a
    uniform basis the circumstances and conditions under which the
    interception of wire and oral communications may be authorized, to
    prohibit any unauthorized interception of such communications, and
    the use of the contents thereof in evidence in courts and
    administrative proceedings.
      "(c) Organized criminals make extensive use of wire and oral
    communications in their criminal activities. The interception of
    such communications to obtain evidence of the commission of crimes
    or to prevent their commission is an indispensable aid to law
    enforcement and the administration of justice.
      "(d) To safeguard the privacy of innocent persons, the
    interception of wire or oral communications where none of the
    parties to the communication has consented to the interception
    should be allowed only when authorized by a court of competent
    jurisdiction and should remain under the control and supervision of
    the authorizing court. Interception of wire and oral communications
    should further be limited to certain major types of offenses and
    specific categories of crime with assurances that the interception
    is justified and that the information obtained thereby will not be
    misused."

       NATIONAL COMMISSION FOR THE REVIEW OF FEDERAL AND STATE LAWS
            RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE
      Section 804 of Pub. L. 90-351, as amended by Pub. L. 91-452,
    title XII, Sec. 1212, Oct. 15, 1970, 84 Stat. 961; Pub. L. 91-644,
    title VI, Sec. 20, Jan. 2, 1971, 84 Stat. 1892; Pub. L. 93-609,
    Secs. 1-4, Jan. 2, 1975, 88 Stat. 1972, 1973; Pub. L. 94-176, Dec.
    23, 1975, 89 Stat. 1031, established a National Commission for the
    Review of Federal and State Laws Relating to Wiretapping and
    Electronic Surveillance, provided for its membership, Chairman,
    powers and functions, compensation and allowances, required the
    Commission to study and review the operation of the provisions of
    this chapter to determine their effectiveness and to submit interim
    reports and a final report to the President and to the Congress of
    its findings and recommendations on or before Apr. 30, 1976, and
    also provided for its termination sixty days after submission of
    the final report.

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

-End-

-CITE-
    18 USC Sec. 2511                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2511. Interception and disclosure of wire, oral, or electronic
      communications prohibited

-STATUTE-
      (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, statutory
    authorization, 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 206 of
    this title, 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, oral, and electronic
    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.

      (i) It shall not be unlawful under this chapter for a person
    acting under color of law to intercept the wire or electronic
    communications of a computer trespasser transmitted to, through, or
    from the protected computer, if - 
        (I) the owner or operator of the protected computer authorizes
      the interception of the computer trespasser's communications on
      the protected computer;
        (II) the person acting under color of law is lawfully engaged
      in an investigation;
        (III) the person acting under color of law has reasonable
      grounds to believe that the contents of the computer trespasser's
      communications will be relevant to the investigation; and
        (IV) such interception does not acquire communications other
      than those transmitted to or from the computer trespasser.

      (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) 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.

-SOURCE-
    (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; Pub. L. 107-56, title II, Secs. 204, 217(2),
    Oct. 26, 2001, 115 Stat. 281, 291; Pub. L. 107-296, title II, Sec.
    225(h)(2), (j)(1), Nov. 25, 2002, 116 Stat. 2158.)

-REFTEXT-
                            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.

-MISC1-
                                AMENDMENTS                            
      2002 - Par. (2)(a)(ii). Pub. L. 107-296, Sec. 225(h)(2), inserted
    ", statutory authorization," after "terms of a court order" in
    concluding provisions.
      Par. (4)(b), (c). Pub. L. 107-296, Sec. 225(j)(1), redesignated
    subpar. (c) as (b) and struck out former subpar. (b) which read as
    follows: "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."
      2001 - Par. (2)(f). Pub. L. 107-56, Sec. 204, substituted "this
    chapter or chapter 121 or 206 of this title, or section 705 of the
    Communications Act of 1934" for "this chapter or chapter 121, or
    section 705 of the Communications Act of 1934" and "wire, oral, and
    electronic communications" for "wire and oral communications".
      Par. (2)(i). Pub. L. 107-56, Sec. 217(2), added subpar. (i).
      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 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     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.

-End-

-CITE-
    18 USC Sec. 2512                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2512. Manufacture, distribution, possession, and advertising
      of wire, oral, or electronic communication intercepting devices
      prohibited

-STATUTE-
      (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 or disseminates by electronic means 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 the content of the advertisement and 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.

-SOURCE-
    (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; Pub. L. 107-296, title II, Sec. 225(f), Nov. 25, 2002, 116
    Stat. 2158.)

-MISC1-
                                AMENDMENTS                            
      2002 - Par. (1)(c). Pub. L. 107-296, in introductory provisions,
    inserted "or disseminates by electronic means" after "or other
    publication" and, in concluding provisions, inserted "knowing the
    content of the advertisement and" before "knowing or having reason
    to know".
      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 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     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.

-End-

-CITE-
    18 USC Sec. 2513                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2513. Confiscation of wire, oral, or electronic communication
      intercepting devices

-STATUTE-
      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.

-SOURCE-
    (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.)

-MISC1-
                                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.

-End-

-CITE-
    18 USC Sec. 2514                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2514. Repealed.

-MISC1-
    [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.

-End-

-CITE-
    18 USC Sec. 2515                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2515. Prohibition of use as evidence of intercepted wire or
      oral communications

-STATUTE-
      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.

-SOURCE-
    (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
    216.)

-End-

-CITE-
    18 USC Sec. 2516                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2516. Authorization for interception of wire, oral, or
      electronic communications

-STATUTE-
      (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 or National Security 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 2122 and 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 10
      (relating to biological weapons) (!2) chapter 37 (relating to
      espionage), chapter 55 (relating to kidnapping), 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 37 (relating to violence at
      international airports), section 43 (relating to animal
      enterprise terrorism), section 81 (arson within special maritime
      and territorial jurisdiction), 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 832
      (relating to nuclear and weapons of mass destruction threats),
      section 842 (relating to explosive materials), section 930
      (relating to possession of weapons in Federal facilities),
      section 1014 (relating to loans and credit applications
      generally; renewals and discounts), section 1114 (relating to
      officers and employees of the United States), section 1116
      (relating to protection of foreign officials), 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 1591 (sex trafficking of children by force,
      fraud, or coercion), 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), section 1992
      (relating to terrorist attacks against mass transportation),
      sections 2251 and 2252 (sexual exploitation of children), section
      2251A (selling or buying of children), section 2252A (relating to
      material constituting or containing child pornography), section
      1466A (relating to child obscenity), section 2260 (production of
      sexually explicit depictions of a minor for importation into the
      United States), sections 2421, 2422, 2423, and 2425 (relating to
      transportation for illegal sexual activity and related crimes),
      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 2340A
      (relating to torture), 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 38
      (relating to aircraft parts fraud), section 1963 (violations with
      respect to racketeer influenced and corrupt organizations),
      section 115 (relating to threatening or retaliating against a
      Federal official), section 1341 (relating to mail fraud), a
      felony violation of section 1030 (relating to computer fraud and
      abuse), 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 175c (relating to
      variola virus) section 956 (conspiracy to harm persons or
      property overseas),,(!3) section (!4) 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), or section
      5324 of title 31, United States Code (relating to structuring
      transactions to evade reporting requirement prohibited);
        (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,) (!5) section 46502 (relating to
      aircraft piracy), the second sentence of section 46504 (relating
      to assault on a flight crew with dangerous weapon), or section
      46505(b)(3) or (c) (relating to explosive or incendiary devices,
      or endangerment of human life, by means of weapons on aircraft)
      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) 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, section 1028A (relating to aggravated identity theft))
      (!6) 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 (!7)

        (q) any criminal violation of section 229 (relating to chemical
      weapons) or section 2332, 2332a, 2332b, 2332d, 2332f, 2332g,
      2332h (!2) 2339, 2339A, 2339B, 2339C, or 2339D of this title
      (relating to terrorism);
        (r) any criminal violation of section 1 (relating to illegal
      restraints of trade or commerce), 2 (relating to illegal
      monopolizing of trade or commerce), or 3 (relating to illegal
      restraints of trade or commerce in territories or the District of
      Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); or
        (s) 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.

-SOURCE-
    (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; Pub. L. 105-318, Sec. 6(b), Oct. 30, 1998, 112
    Stat. 3011; Pub. L. 106-181, title V, Sec. 506(c)(2)(B), Apr. 5,
    2000, 114 Stat. 139; Pub. L. 107-56, title II, Secs. 201, 202, Oct.
    26, 2001, 115 Stat. 278; Pub. L. 107-197, title III, Sec. 301(a),
    June 25, 2002, 116 Stat. 728; Pub. L. 107-273, div. B, title IV,
    Secs. 4002(c)(1), 4005(a)(1), Nov. 2, 2002, 116 Stat. 1808, 1812;
    Pub. L. 108-21, title II, Sec. 201, Apr. 30, 2003, 117 Stat. 659;
    Pub. L. 108-458, title VI, Sec. 6907, Dec. 17, 2004, 118 Stat.
    3774; Pub. L. 109-162, title XI, Sec. 1171(b), Jan. 5, 2006, 119
    Stat. 3123; Pub. L. 109-177, title I, Secs. 110(b)(3)(C), 113,
    title V, Sec. 506(a)(6), Mar. 9, 2006, 120 Stat. 208, 209, 248.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Atomic Energy Act of 1954, referred to in par. (1)(a), is act
    Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
    Sec. 1, 68 Stat. 921, and 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.

-MISC1-
                                AMENDMENTS                            
      2006 - Par. (1). Pub. L. 109-177, Sec. 506(a)(6), inserted "or
    National Security Division" after "the Criminal Division" in
    introductory provisions.
      Par. (1)(a). Pub. L. 109-177, Sec. 113(a), inserted "chapter 10
    (relating to biological weapons)" after "under the following
    chapters of this title:".
      Par. (1)(c). Pub. L. 109-177, Secs. 110(b)(3)(C), 113(b), struck
    out "1992 (relating to wrecking trains)," before "a felony
    violation of section 1028" and inserted "section 37 (relating to
    violence at international airports), section 43 (relating to animal
    enterprise terrorism), section 81 (arson within special maritime
    and territorial jurisdiction)," after "the following sections of
    this title:", "section 832 (relating to nuclear and weapons of mass
    destruction threats), section 842 (relating to explosive
    materials), section 930 (relating to possession of weapons in
    Federal facilities)," after "section 751 (relating to escape),",
    "section 1114 (relating to officers and employees of the United
    States), section 1116 (relating to protection of foreign
    officials)," after "section 1014 (relating to loans and credit
    applications generally; renewals and discounts),", "section 1992
    (relating to terrorist attacks against mass transportation)," after
    "section 1344 (relating to bank fraud),", "section 2340A (relating
    to torture)," after "section 2321 (relating to trafficking in
    certain motor vehicles or motor vehicle parts),", and "section 956
    (conspiracy to harm persons or property overseas)," after "section
    175c (relating to variola virus)".
      Par. (1)(g). Pub. L. 109-177, Sec. 113(c), inserted ", or section
    5324 of title 31, United States Code (relating to structuring
    transactions to evade reporting requirement prohibited)" before
    semicolon at end.
      Par. (1)(j). Pub. L. 109-177, Sec. 113(d)(2), inserted ", the
    second sentence of section 46504 (relating to assault on a flight
    crew with dangerous weapon), or section 46505(b)(3) or (c)
    (relating to explosive or incendiary devices, or endangerment of
    human life, by means of weapons on aircraft)" before "of title 49".
      Pub. L. 109-177, Sec. 113(d)(1), which directed amendment of par.
    (1)(j) by inserting a comma after "section 60123(b) (relating to
    the destruction of a natural gas pipeline", was executed by making
    the insertion after "section 60123(b) (relating to destruction of a
    natural gas pipeline", to reflect the probable intent of Congress.
      Pub. L. 109-177, Sec. 113(d)(1), struck out "or" before "section
    46502 (relating to aircraft piracy)".
      Par. (1)(p). Pub. L. 109-177, Sec. 113(e), inserted ", section
    1028A (relating to aggravated identity theft)" after "other
    documents".
      Par. (1)(q). Pub. L. 109-177, Sec. 113(f), inserted "2339" after
    "2332h" and substituted "2339C, or 2339D" for "or 2339C".
      Pub. L. 109-162 struck out semicolon after "(relating to chemical
    weapons)" and substituted "section 2332" for "sections 2332".
      Par. (1)(r), (s). Pub. L. 109-177, Sec. 113(g), added subpar. (r)
    and redesignated former subpar. (r) as (s).
      2004 - Par. (1)(a). Pub. L. 108-458, Sec. 6907(1), inserted "2122
    and" after "sections".
      Par. (1)(c). Pub. L. 108-458, Sec. 6907(2), inserted "section
    175c (relating to variola virus)," after "section 175 (relating to
    biological weapons),".
      Par. (1)(q). Pub. L. 108-458, Sec. 6907(3), inserted "2332g,
    2332h," after "2332f,".
      2003 - Par. (1)(a). Pub. L. 108-21, Sec. 201(1), inserted
    "chapter 55 (relating to kidnapping)," after "chapter 37 (relating
    to espionage),".
      Par. (1)(c). Pub. L. 108-21, Sec. 201(2), inserted "section 1591
    (sex trafficking of children by force, fraud, or coercion)," after
    "section 1511 (obstruction of State or local law enforcement)," and
    "section 2251A (selling or buying of children), section 2252A
    (relating to material constituting or containing child
    pornography), section 1466A (relating to child obscenity), section
    2260 (production of sexually explicit depictions of a minor for
    importation into the United States), sections 2421, 2422, 2423, and
    2425 (relating to transportation for illegal sexual activity and
    related crimes)," after "sections 2251 and 2252 (sexual
    exploitation of children),".
      2002 - Par. (1)(n). Pub. L. 107-273, Sec. 4002(c)(1), repealed
    Pub. L. 104-294, Sec. 601(d)(2). See 1996 Amendment note below.
      Par. (1)(q). Pub. L. 107-273, Sec. 4005(a)(1), realigned margins.
      Pub. L. 107-197 inserted "2332f," after "2332d," and substituted
    "2339B, or 2339C" for "or 2339B".
      2001 - Par. (1)(c). Pub. L. 107-56, Sec. 202, substituted
    "section 1341 (relating to mail fraud), a felony violation of
    section 1030 (relating to computer fraud and abuse)," for "and
    section 1341 (relating to mail fraud),".
      Par. (1)(p). Pub. L. 107-56, Sec. 201(1), redesignated subpar.
    (p), relating to conspiracy, as (r).
      Par. (1)(q). Pub. L. 107-56, Sec. 201(2), added subpar. (q).
      Par. (1)(r). Pub. L. 107-56, Sec. 201(1), redesignated subpar.
    (p), relating to conspiracy, as (r).
      2000 - Par. (1)(c). Pub. L. 106-181 inserted "section 38
    (relating to aircraft parts fraud)," after "section 32 (relating to
    destruction of aircraft or aircraft facilities),".
      1998 - Par. (1)(a). Pub. L. 105-318 inserted "chapter 90
    (relating to protection of trade secrets)," after "chapter 37
    (relating to espionage),".
      1996 - Par. (1)(c). 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),", could not be executed because phrase "chapter 37
    (relating to espionage)," did not appear.
      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 could not be
    executed because of prior amendments by Pub. L. 104-132, Sec.
    434(1) and Pub. L. 104-208, Sec. 201(3), was repealed by Pub. L.
    107-273, Sec. 4002(c)(1). 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 2002 AMENDMENT                 
      Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
    116 Stat. 1808, provided that the amendment made by section
    4002(c)(1) is effective Oct. 11, 1996.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-181 applicable only to fiscal years
    beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
    set out as a note under section 106 of Title 49, Transportation.

                     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.

-FOOTNOTE-
    (!1) See 1984 Amendment note below.

    (!2) So in original. Probably should be followed by a comma.

    (!3) So in original.

    (!4) So in original. The word "section" probably should not
         appear.

    (!5) So in original. The comma probably should follow the
         closing parenthesis.

               

    (!6) So in original. The second closing parenthesis probably
         should follow "other documents".

    (!7) So in original. The word "or" probably should not appear.

-End-

-CITE-
    18 USC Sec. 2517                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

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

-STATUTE-
      (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.
      (6) Any investigative or law enforcement officer, or attorney for
    the Government, 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 any other Federal law enforcement, intelligence,
    protective, immigration, national defense, or national security
    official to the extent that such contents include foreign
    intelligence or counterintelligence (as defined in section 3 of the
    National Security Act of 1947 (50 U.S.C. 401a)), or foreign
    intelligence information (as defined in subsection (19) of section
    2510 of this title), to assist the official who is to receive that
    information in the performance of his official duties. Any Federal
    official who receives information pursuant to this provision may
    use that information only as necessary in the conduct of that
    person's official duties subject to any limitations on the
    unauthorized disclosure of such information.
      (7) Any investigative or law enforcement officer, or other
    Federal official in carrying out official duties as such Federal
    official, 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 or derivative evidence to a foreign 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, and foreign
    investigative or law enforcement officers may use or disclose such
    contents or derivative evidence to the extent such use or
    disclosure is appropriate to the proper performance of their
    official duties.
      (8) Any investigative or law enforcement officer, or other
    Federal official in carrying out official duties as such Federal
    official, 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 or derivative evidence to any appropriate Federal, State,
    local, or foreign government official to the extent that such
    contents or derivative evidence reveals a threat of actual or
    potential attack or other grave hostile acts of a foreign power or
    an agent of a foreign power, domestic or international sabotage,
    domestic or international terrorism, or clandestine intelligence
    gathering activities by an intelligence service or network of a
    foreign power or by an agent of a foreign power, within the United
    States or elsewhere, for the purpose of preventing or responding to
    such a threat. Any official who receives information pursuant to
    this provision may use that information only as necessary in the
    conduct of that person's official duties subject to any limitations
    on the unauthorized disclosure of such information, and any State,
    local, or foreign official who receives information pursuant to
    this provision may use that information only consistent with such
    guidelines as the Attorney General and Director of Central
    Intelligence shall jointly issue.

-SOURCE-
    (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; Pub. L. 107-56, title II, Sec. 203(b)(1),
    Oct. 26, 2001, 115 Stat. 280; Pub. L. 107-296, title VIII, Sec.
    896, Nov. 25, 2002, 116 Stat. 2257.)

-MISC1-
                                AMENDMENTS                            
      2002 - Pars. (7), (8). Pub. L. 107-296 added pars. (7) and (8).
      2001 - Par. (6). Pub. L. 107-56 added par. (6).
      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".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     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.

                 PROCEDURES FOR DISCLOSURE OF INFORMATION             
      Pub. L. 107-56, title II, Sec. 203(c), Oct. 26, 2001, 115 Stat.
    280, as amended by Pub. L. 107-296, title VIII, Sec. 897(b), Nov.
    25, 2002, 116 Stat. 2258; Pub. L. 108-458, title VI, Sec. 6501(b),
    Dec. 17, 2004, 118 Stat. 3760, provided that: "The Attorney General
    shall establish procedures for the disclosure of information
    pursuant to paragraphs (6) and (8) of section 2517 of title 18,
    United States Code, and Rule 6(e)(3)(D) of the Federal Rules of
    Criminal Procedure [18 U.S.C. App.] that identifies a United States
    person, as defined in section 101 of the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1801)) [sic]."

-End-

-CITE-
    18 USC Sec. 2518                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

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

-STATUTE-
      (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 that there is
        probable cause to believe that the person's actions could have
        the effect of thwarting interception from a specified facility;
          (iii) the judge finds that such showing has been adequately
        made; and
          (iv) the order authorizing or approving the interception is
        limited to interception only for such time as it is reasonable
        to presume that the person identified in the application is or
        was reasonably proximate to the instrument through which such
        communication will be or was transmitted.

      (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)(a)
    shall not begin until 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.

-SOURCE-
    (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; Pub. L. 105-272, title VI, Sec. 604,
    Oct. 20, 1998, 112 Stat. 2413.)

-REFTEXT-
                            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.

-MISC1-
                                AMENDMENTS                            
      1998 - Par. (11)(b)(ii). Pub. L. 105-272, Sec. 604(a)(1),
    substituted "that there is probable cause to believe that the
    person's actions could have the effect of thwarting interception
    from a specified facility;" for "of a purpose, on the part of that
    person, to thwart interception by changing facilities; and".
      Par. (11)(b)(iii). Pub. L. 105-272, Sec. 604(a)(2), substituted
    "such showing has been adequately made; and" for "such purpose has
    been adequately shown."
      Par. (11)(b)(iv). Pub. L. 105-272, Sec. 604(a)(3), added cl.
    (iv).
      Par. (12). Pub. L. 105-272, Sec. 604(b), substituted "by reason
    of subsection (11)(a)" for "by reason of subsection (11)", struck
    out "the facilities from which, or" after "shall not begin until",
    and struck out comma after "the place where".
      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.

-End-

-CITE-
    18 USC Sec. 2519                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

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

-STATUTE-
      (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, (iv) the number of orders in
      which encryption was encountered and whether such encryption
      prevented law enforcement from obtaining the plain text of
      communications intercepted pursuant to such order, and (v) 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.

-SOURCE-
    (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; Pub. L. 106-197,
    Sec. 2(a), May 2, 2000, 114 Stat. 247.)

-MISC1-
                                AMENDMENTS                            
      2000 - Par. (2)(b)(iv), (v). Pub. L. 106-197 added cl. (iv) and
    redesignated former cl. (iv) as (v).
      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.

      REPORT ON USE OF DCS 1000 (CARNIVORE) TO IMPLEMENT ORDERS UNDER
                               SECTION 2518
      Pub. L. 107-273, div. A, title III, Sec. 305(b), Nov. 2, 2002,
    116 Stat. 1782, provided that: "At the same time that the Attorney
    General, or Assistant Attorney General specially designated by the
    Attorney General, submits to the Administrative Office of the
    United States Courts the annual report required by section 2519(2)
    of title 18, United States Code, that is respectively next due
    after the end of each of the fiscal years 2002 and 2003, the
    Attorney General shall also submit to the Chairmen and ranking
    minority members of the Committees on the Judiciary of the Senate
    and of the House of Representatives a report, covering the same
    respective time period, that contains the following information
    with respect to those orders described in that annual report that
    were applied for by law enforcement agencies of the Department of
    Justice and whose implementation involved the use of the DCS 1000
    program (or any subsequent version of such program) - 
        "(1) 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 title
      18, United States Code, did not apply by reason of section 2518
      (11) of title 18);
        "(2) the period of interceptions authorized by the order, and
      the number and duration of any extensions of the order;
        "(3) the offense specified in the order or application, or
      extension of an order;
        "(4) the identity of the applying investigative or law
      enforcement officer and agency making the application and the
      person authorizing the application;
        "(5) the nature of the facilities from which or place where
      communications were to be intercepted;
        "(6) a general description of the interceptions made under such
      order or extension, including - 
          "(A) the approximate nature and frequency of incriminating
        communications intercepted;
          "(B) the approximate nature and frequency of other
        communications intercepted;
          "(C) the approximate number of persons whose communications
        were intercepted;
          "(D) the number of orders in which encryption was encountered
        and whether such encryption prevented law enforcement from
        obtaining the plain text of communications intercepted pursuant
        to such order; and
          "(E) the approximate nature, amount, and cost of the manpower
        and other resources used in the interceptions;
        "(7) the number of arrests resulting from interceptions made
      under such order or extension, and the offenses for which arrests
      were made;
        "(8) the number of trials resulting from such interceptions;
        "(9) the number of motions to suppress made with respect to
      such interceptions, and the number granted or denied;
        "(10) 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
        "(11) the specific persons authorizing the use of the DCS 1000
      program (or any subsequent version of such program) in the
      implementation of such order."

                     ENCRYPTION REPORTING REQUIREMENTS                 
      Pub. L. 106-197, Sec. 2(b), May 2, 2000, 114 Stat. 247, provided
    that: "The encryption reporting requirement in subsection (a)
    [amending this section] shall be effective for the report
    transmitted by the Director of the Administrative Office of the
    Courts for calendar year 2000 and in subsequent reports."

-End-

-CITE-
    18 USC Sec. 2520                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2520. Recovery of civil damages authorized

-STATUTE-
      (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,
    other than the United States, 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) or
      2511(2)(i) 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.
      (f) Administrative Discipline. - If a court or appropriate
    department or agency determines that the United States or any of
    its departments or agencies has violated any provision of this
    chapter, and the court or appropriate department or agency finds
    that the circumstances surrounding the violation raise serious
    questions about whether or not an officer or employee of the United
    States acted willfully or intentionally with respect to the
    violation, the department or agency shall, upon receipt of a true
    and correct copy of the decision and findings of the court or
    appropriate department or agency promptly initiate a proceeding to
    determine whether disciplinary action against the officer or
    employee is warranted. If the head of the department or agency
    involved determines that disciplinary action is not warranted, he
    or she shall notify the Inspector General with jurisdiction over
    the department or agency concerned and shall provide the Inspector
    General with the reasons for such determination.
      (g) Improper Disclosure Is Violation. - Any willful disclosure or
    use by an investigative or law enforcement officer or governmental
    entity of information beyond the extent permitted by section 2517
    is a violation of this chapter for purposes of section 2520(a).

-SOURCE-
    (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; Pub. L. 107-56, title II, Sec. 223(a), Oct. 26, 2001,
    115 Stat. 293; Pub. L. 107-296, title II, Sec. 225(e), Nov. 25,
    2002, 116 Stat. 2157.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d)(3). Pub. L. 107-296 inserted "or 2511(2)(i)"
    after "2511(3)".
      2001 - Subsec. (a). Pub. L. 107-56, Sec. 223(a)(1), inserted ",
    other than the United States," after "person or entity".
      Subsecs. (f), (g). Pub. L. 107-56, Sec. 223(a)(2), (3), added
    subsecs. (f) and (g).
      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 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     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.

-End-

-CITE-
    18 USC Sec. 2521                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

-HEAD-
    Sec. 2521. Injunction against illegal interception

-STATUTE-
      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.

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

-REFTEXT-
                            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.

-MISC1-
                              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.

-End-

-CITE-
    18 USC Sec. 2522                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

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

-STATUTE-
      (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.

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

-REFTEXT-
                            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.

-End-