From: eog@mace.cc.purdue.edu (Vicki Finkenstadt)
Newsgroups: alt.society.civil-liberty
Subject: Electronic Communications Privacy Act
Keywords: E-mail, Privacy
Date: 8 Apr 92 16:14:30 GMT
Article-I.D.: mentor.44440

In response to thf@midway.uchicago.edu:

Brace yourselves, people.  Here's the text of the ECPA (about 31 pages).
This is the law in the USA concerning e-mail etc.
It's a lot of legalese, so skip this if you want.

                               UNITED STATES CODE

                    TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE

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


        Section 2510.  Definitions

             As used in this chapter --

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

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

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

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

                 (5)  "electronic, mechanical, or other device" means any 
            device  or apparatus which can be used to intercept  a  wire, 
            oral, or electronic communication other than --
                      (a)    any  telephone  or   telegraph   instrument, 
                 equipment  or  facility, or any component  thereof,  (i) 
                 furnished  to  the subscriber or user by a  provider  of 
                 wire or electronic communication service in the ordinary 
                 course of its business and being used by the  subscriber 
                 or  user  in  the ordinary course  of  its  business  or 
                 furnished  by such subscriber or user for connection  to 
                 the facilities of such service and used in the  ordinary 


                                   1

                 course  of  its  business;  or  (ii)  being  used  by  a 
                 communications common carrier 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 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 sued 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  interception 
                 of wire, oral, or electronic communications;

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

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

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

                      (A)  the  radio  portion of  a  cordless  telephone 
                 communication  that is transmitted between the  cordless 
                 telephone handset and the base unit;

                      (B) any wire or oral communication;


                                   2


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

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

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

                      (A) uses an electronic communication service; and

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

                 (14)  "electronic communications system" means any wire, 
            radio,   electromagnetic,  photooptical  or   photoelectronic 
            facilities for the transmission of electronic communications, 
            and  any computer facilities or related electronic  equipment 
            for the electronic storage of such communications;

                 (15)   "electronic  communication  service"  means   any 
            service  which provides to the 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  or  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 communications 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


                                   3

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

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

        Section  2511.   Interception and disclosure of  wire,  oral,  or 
                           electronic communications prohibited.

             (1)   Except  as  otherwise specifically  provided  in  this 
        chapter any person who --

                 (a) intentionally intercepts, endeavors to intercept, or 
            procures  any  other  person  to  intercept  or  endeavor  to 
            intercept, any wire, oral or electronic communication;

                 (b)  intentionally uses, endeavors to use,  or  procures 
            any  other person to use or endeavor to use  any  electronic, 
            mechanical,   or   other  device  to   intercept   any   oral 
            communication when --
                      (i)  such  device  is  affixed  to,  or   otherwise 
                 transmits a signal through, a wire, cable, or other like 
                 connection used in wire communication; or

                      (ii) such device transmits communications by radio, 
                 or   interferes   with   the   transmission   of    such 
                 communication; or

                      (iii)  such  person knows, or has reason  to  know, 
                 that such device or any component thereof has been  sent 
                 through the mail or transported in interstate or foreign 
                 commerce; or

                      (iv) such use or endeavor to use (A) takes place on 
                 the  premises  of  any  business  or  other   commercial 
                 establishment the operations of which affect  interstate 
                 or  foreign  commerce;  or (B) obtains  or  is  for  the 
                 purpose   of  obtaining  information  relating  to   the 
                 operations   of  any  business  or   other   commercial 
                 establishment the operations of which affect  interstate 
                 or foreign commerce; or 

                      (v)  such person acts in the District of  Columbia, 
                 the  Commonwealth  of Puerto Rico, or any  territory  or 
                 possession of the United States;

                 (c)  intentionally discloses, or endeavors to  disclose, 
            to  any  other  person the contents of  any  wire,  oral,  or 
            electronic  communication, knowing or having reason  to  know 
            that the information was obtained through the interception of 
            a  wire,  oral, or electronic communication in  violation  of 
            this subsection;


                                   4

        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  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  a  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 


                                   5

        specified  person  for  providing  information,  facilities,   or 
        assistance   in  accordance  with  the  terms  of  an  order   or 
        certification under this subparagraph.

             (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  or  oral 
        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  or  oral 
        communication  where such person is a party to the  communication 
        or where one of the parties to the communication has given  prior 
        consent  to  such  interception  unless  such  communication   is 
        intercepted  for  the  purpose  of  committing  any  criminal  or 
        tortious  act  in violation of the Constitution or  laws  of  the 
        United States or of any State.

             (e)  Notwithstanding  any other provision of this  title  or 
        section  705 or 706 of the Communications Act of 1934,  it  shall 
        not be unlawful for an officer, employee, or agent of the  United 
        States  in  the  normal course of his official  duty  to  conduct 
        electronic surveillance, as defined in section 101 of the Foreign 
        Intelligence Surveillance Act of 1978, as authorized by that Act.

             (f)  Nothing  contained in this chapter or chapter  121,  or 
        section 705 of the Communications Act of 1934, shall be deemed to 
        affect the acquisition by the United States Government of foreign 
        intelligence   information   from   international   or    foreign 
        communications,  or foreign intelligence activities conducted  in 
        accordance  with  otherwise applicable Federal  law  involving  a 
        foreign electronic communications system, utilizing a means other 
        than  electronic  surveillance as defined in section 101  of  the 
        Foreign Intelligence Surveillance Act of 1978, and procedures  in 
        this  chapter  and the Foreign Intelligence Surveillance  Act  of 
        1978   shall   be  the  exclusive  means  by   which   electronic 
        surveillance,  as  defined in section 101 of such  Act,  and  the 
        interception  of  domestic wire and oral  communications  may  be 
        conducted.

             (g)  It shall not be unlawful under this chapter or  chapter 
        121 of this title for any person --

                 (i)  to intercept or access an electronic  communication 
            made  through  an  electronic communication  system  that  is 


                                   6

            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 


                                   7

            service,  from  fraudulent, unlawful or abusive use  of  such 
            service.

             (3)(a)   Except  as  provided  in  paragraph  (b)  of   this 
        subsection, a person or entity providing electronic communication 
        service  to  the  public  shall  not  intentionally  divulge  the 
        contents  of any communication (other than one to such person  or 
        entity,  or  an  agent thereof) while  in  transmission  on  that 
        service  to  any  person or entity other  than  an  addressee  or 
        intended  recipient  of such communication or an  agent  of  such 
        addressee or intended recipient.

             (b)  A person or entity providing  electronic  communication 
        service  to  the  public may divulge the  contents  of  any  such 
        communication --

                 (i)  as  otherwise authorized in section  2511(2)(a)  or 
            2517 of this title;

                 (ii)  with the lawful consent of the originator  or  any 
            addressee or intended recipient of such communication;

                 (iii)  to  a  person employed or  authorized,  or  whose 
            facilities  are  used, to forward such communication  to  its 
            destination; or

                 (iv)  which were inadvertently obtained by  the  service 
            provider  and which appear to pertain to the commission of  a 
            crime,  if  such  divulgence is made  to  a  law  enforcement 
            agency.

             (4)(a)   Except  as  provided  in  paragraph  (b)  of   this 
        subsection or in subsection (5), whoever violates subsection  (1) 
        of this section shall be fined under this title or imprisoned not 
        more than five years, or both.

             (b) If the offense is a first offense under paragraph (a) of 
        this  subsection and is not for a tortious or illegal purpose  or 
        for  purposes  of  direct or  indirect  commercial  advantage  or 
        private commercial gain, and the wire or electronic communication 
        with respect to which the offense under paragraph (a) is a  radio 
        communication that is not scrambled or encrypted, then --

                 (i)  if the communication is not the radio portion of  a 
            cellular telephone communication, 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 public land mobile  radio 
            service communication or a paging service communication,  the 
            offender shall be fined not more than $500.



                                   8

             (c) Conduct otherwise an offense under this subsection  that 
        consists  of  or  relates  to the  interception  of  a  satellite 
        transmission  that  is  not encrypted or scrambled  and  that  is 
        transmitted --

                 (i)   to   a  broadcasting  station  for   purposes   of 
            retransmission to the general public; or

                 (ii) as an audio subcarrier intended for  redistribution 
            to  facilities  open to the public, but  not  including  data 
            transmissions or telephone calls,

        is not an offense under this subsection unless the conduct is for 
        the  purposes  of  direct or  indirect  commercial  advantage  or 
        private financial gain.

             (5)(a)(i) If the communication is --

                 (A) a private satellite video communication that is  not 
            scrambled  or encrypted and the conduct in violation of  this 
            chapter  is the private viewing of that communication and  is 
            not  for  a tortious or illegal purpose or  for  purposes  of 
            direct or indirect commercial advantage or private commercial 
            gain; or

                 (B)  a  radio  communication  that  is  transmitted   on 
            frequencies allocated under subpart D of part 74 of the rules 
            of   the  Federal  Communications  Commission  that  is   not 
            scrambled  or encrypted and the conduct in violation of  this 
            chapter  is  not  for a tortious or illegal  purpose  or  for 
            purposes  of  direct  or  indirect  commercial  advantage  or 
            private commercial gain,

        then  the person who engaged 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 injunction.


                                   9

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

             (1)   Except  as  otherwise specifically  provided  in  this 
        chapter, any person who intentionally --

                 (a)   sends  through the mail, or sends  or  carries  in 
            interstate  or foreign commerce, any electronic,  mechanical, 
            or  other device, knowing or having reason to know  that  the 
            design  of  such device renders it primarily useful  for  the 
            purpose  of  surreptitious  interception of  wire,  oral,  or 
            electronic communications;

                 (b)   manufactures, assembles, possesses, or  sells  any 
            electronic,  mechanical, or other device, knowing  or  having 
            reason  to  know that the design of such  device  renders  it 
            primarily  useful  for  the  purpose  of  the   surreptitious 
            interception of wire, oral, or electronic communications, and 
            that such device or any component thereof has been or will be 
            sent through the mail or transported in interstate or foreign 
            commerce; or

                 (c)   places  in any newspaper, magazine,  handbill,  or 
            other publication any advertisement of --

                      (i)  any  electronic, mechanical, or  other  device 
                 knowing or having reason to know that the design of such 
                 device  renders it primarily useful for the  purpose  of 
                 the   surreptitious  interception  of  wire,  oral,   or 
                 electronic communications; or

                      (ii)  any  other electronic, mechanical,  or  other 
                 device,  where  such advertisement promotes the  use  of 
                 such  device  for  the  purposes  of  the  surreptitious 
                 interception    of    wire,    oral,    or    electronic 
                 communications,

            knowing or having reason to know that such advertisement will 
            be  sent  through the mail or transported  in  interstate  or 
            foreign commerce,

        shall  be fined not more than $10,000 or imprisoned for not  more 
        than five years, or both.

             (1)  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 


                                   10

            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.

        Section  2513.   Confiscation  of  wire  or  oral   communication 
                           intercepting devices

             Any  electronic,  mechanical, or other  device  used,  sent, 
        carried, manufactured, assembled, possessed, sold, or  advertised 
        in violation of section 2511 or section 2512 of this chapter  may 
        be seized and forfeited to the United States.  All provisions  of 
        law relating to (1) the seizure, summary and judicial forfeiture, 
        and  condemnation of vessels, vehicles, merchandise, and  baggage 
        for  violations of the customs laws contained in title 19 of  the 
        United  States  Code,  (2)  the  disposition  of  such   vessels, 
        vehicles, merchandise, and baggage or the proceeds from the  sale 
        thereof, (3) the remission or mitigation of such forfeiture,  (4) 
        the  compromise of claims, and (5) the award of  compensation  to 
        informers in respect of such forfeitures, shall apply to seizures 
        and forfeitures incurred, or alleged to have been incurred, under 
        the  provisions  of this section, insofar as applicable  and  not 
        inconsistent  with  the provisions of this section;  except  that 
        such  duties as are imposed upon the collector of customs or  any 
        other  person  with  respect to the  seizure  and  forfeiture  of 
        vessels, vehicles, merchandise, and baggage under the  provisions 
        of  the customs laws contained in title 19 of the  United  States 
        Code shall be performed with respect to seizure and forfeiture of 
        electronic, mechanical, or other intercepting devices under  this 
        section  by  such officers, agents, or other persons  as  may  be 
        authorized  or  designated  for  that  purpose  by  the  Attorney 
        General.

        [Section 2514. Repealed. Pub.L. 91-452, Title II, Section 227(a), 
        October 15, 1970, 84 Stat. 930]

        Section 2515.  Prohibition of use as evidence of intercepted wire 
                         or oral communications

             Whenever   any   wire  or  oral   communication   has   been 
        intercepted, no part of the contents of such communication and no 
        evidence  derived  therefrom may be received in evidence  in  any 
        trial, hearing, or other proceeding in or before any court, grand 
        jury,  department, officer, agency, regulatory body,  legislative 
        committee, or other authority of the United States, a State, or a 
        political   subdivision  thereof  if  the  disclosure   of   that 
        information would be in violation of this chapter.

                                   11

        Section  2516.  Authorization for interception of wire, oral,  or 
                          electronic communications

             (1)    The  Attorney  General,  Deputy   Attorney   General, 
        Associate  Attorney General, any Assistant Attorney General,  any 
        acting  Assistant  Attorney  General,  or  any  Deputy  Assistant 
        Attorney General in the Criminal Division specially designated by 
        the  Attorney General, may authorize an application to a  Federal 
        judge of competent jurisdiction for, and such judge may grant  in 
        conformity with section 2518 of this chapter an order authorizing 
        or  approving the interception of wire or oral communications  by 
        the  Federal Bureau of Investigation, or a Federal agency  having 
        responsibility  for the investigation of the offense as to  which 
        the  application is made, when such interception may  provide  or 
        has provided evidence of --

                 (a)  any offense punishable by death or by  imprisonment 
            for  more than one year under sections 2274 through  2277  of 
            title  42  of  the  United  States  Code  (relating  to   the 
            enforcement  of the Atomic Energy Act of 1954), section  2284 
            of  title 42 of the United States Code (relating to  sabotage 
            of  nuclear  facilities  or fuel),  or  under  the  following 
            chapters  of this title: chapter 37 (relating to  espionage), 
            chapter 105 (relating to espionage), chapter 115 (relating to 
            treason),  chapter  102 (relating to riots)  [,]  chapter  65 
            (relating  to malicious mischief), chapter 111  (relating  to 
            destruction of vessels), or chapter 81 (relating to piracy);

                 (b)   a  violation of section 186 or section  501(c)  of 
            title  29, United States Code (dealing with  restrictions  on 
            payments  and loans to labor organizations), or  any  offense 
            which involves murder, kidnapping, robbery, or extortion, and 
            which is punishable under this title;

                 (c)  any offense which is punishable under the following 
            sections  of  this  title: section  201  (bribery  of  public 
            officials  and witnesses), section 224 (bribery  in  sporting 
            contests),  subsections  (d), (e), (f), (g), (h), or  (i)  of 
            section  884  (unlawful  use  of  explosives),  section  1084 
            (transmission of wagering information), section 751 (relating 
            to  escape),  sections 1503, 1512, and 1513  (influencing  or 
            injuring  an officer, juror, or witness, generally),  section 
            1510  (obstruction of criminal investigations), section  1511 
            (obstructions  of  State or local law  enforcement),  section 
            1751  (Presidential  and  Presidential  staff  assassination, 
            kidnapping,  and  assault), section 1951  (interference  with 
            commerce  by threats or violence), section  1952  (interstate 
            and  foreign travel or transportation in aid of  racketeering 
            enterprises),  section 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), 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), 


                                   12

            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 2252 or  2253 
            (sexual exploitation of children), sections 2312, 2313, 2314, 
            and 2315 (interstate transportation of stolen property),  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),   section  1963  (violations  with  respect   to 
            racketeer influenced and corrupt organizations), section  115 
            (relating  to  threatening or retaliation against  a  Federal 
            official), the section in chapter 65 relating to  destruction 
            of  an  energy facility, and section 1341 (relating  to  mail 
            fraud),    section   351   (violations   with   respect    to 
            congressional,  Cabinet,  or  Supreme  Court  assassinations, 
            kidnapping, and assault), section 831 (relating to prohibited 
            transactions   involving  nuclear  materials),   section   33 
            (relating  to destruction of motor vehicles or motor  vehicle 
            facilities), or section 1992 (relating to wrecking trains);

                 (d)   any  offense involving  counterfeiting  punishable 
            under section 471, 472, or 473 of this title;

                 (e)   any offense involving fraud connected with a  case 
            under  title 11 or the manufacture,  importation,  receiving, 
            concealment,   buying,  selling,  or  otherwise  dealing   in 
            narcotic   drugs,  marihuana,  or  other   dangerous   drugs, 
            punishable under any law of the United States;

                 (f)    any   offense   including   extortionate   credit 
            transactions under sections 892, 893, or 894 of this title;

                 (g)   a  violation of section 5322 of title  31,  United 
            States   Code  (dealing  with  the  reporting   of   currency 
            transactions);

                 (h)   any  felony violation of sections  2511  and  2512 
            (relating   to   interception  and  disclosure   of   certain 
            communications  and to certain intercepting devices) of  this 
            title;

                 (i)   any 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;

                 (j)  any criminal violation of section 2778 of title  22 
            (relating to the Arms Export Control Act; or" [];



                                   13

                 (k)   the location of any fugitive from justice from  an 
            offense described in this section;

                 (l)   any  conspiracy  to commit any  of  the  foregoing 
            offenses.

             (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.


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

             (1)   Any investigative or law enforcement officer  who,  by 
        any  means authorized by this chapter, has obtained knowledge  of 
        the  contents of any wire, oral, or electronic communication,  or 
        evidence derived therefrom, may disclose such contents to another 
        investigative or law enforcement officer to the extent that  such 
        disclosure  is  appropriate  to the  proper  performance  of  the 
        official   duties  of  the  officer  making  or   receiving   the 
        disclosure.

             (2)   Any investigative or law enforcement officer  who,  by 
        any  means authorized by this chapter, has obtained knowledge  of 
        the  contents of any wire, oral, or electronic  communication  or 


                                   14

        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.


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

             (1)  Each application for an order authorizing or  approving 
        the  interception  of a wire, oral, or  electronic  communication 
        under  this  chapter  shall  be made  in  writing  upon  oath  or 
        affirmation to a judge of competent jurisdiction and shall  state 
        the  applicant's  authority  to  make  such  application.    Each 
        application shall include the following information:

                 (a)    the   identity  of  the  investigative   or   law 
            enforcement  officer making the application, and the  officer 
            authorizing the application;

                 (b)   a  full and complete statement of  the  facts  and 
            circumstances  relied upon by the applicant, to  justify  his 
            belief that an order should be issued, including (i)  details 
            as  to the particular offense that has been, is being, or  is 
            about to be committed, (ii) except as provided in  subsection 
            (11), a particular description of the nature and the location 
            of  the  facilities  from  which  or  the  place  where   the 
            communication  is  to  be  intercepted,  (iii)  a  particular 


                                   15

            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 


                                   16

            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 or oral 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  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 provider, landlord, custodian, or  person  is 
        according   to  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 
        facilities or assistance.

             (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 


                                   17

        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  the 
        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 report 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



                                   18

                 (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 
        such an order, such interception shall immediately terminate when 
        the communication sought is obtained or when the application  for 
        approval  is  denied, whichever is earlier.  In  the  event  such 
        application  for  approval is denied, or in any  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 judge 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,  ore 
        electronic  communication  or evidence  derived  therefrom  under 
        subsection (3) of section 2517.

             (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 


                                   19

        State,  or a political subdivision thereof, may move to  suppress 
        the  contents  of  any wire, oral,  or  electronic  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 a  motion 
        or the person was not aware of the grounds of the motion.  If the 
        motion is granted, the contents of the intercepted wire, oral, or 
        electronic 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 


                                   20

                 statement as to why such specification is not  practical 
                 and  identifies  the person committing the  offense  and 
                 whose communications are to be intercepted; and

                      (iii)  the judge finds that such  specification  is 
                 not practical; and

                 (b) in the case of an application with respect to a wire 
            or electronic communication --

                      (i)  the application is by a Federal  investigative 
                 or  law  enforcement  officer and  is  approved  by  the 
                 Attorney  General,  the  Deputy  Attorney  General,  the 
                 Associate   Attorney  General,  an  Assistant   Attorney 
                 General, or an acting Assistant Attorney General;

                      (ii)   the   application  identifies   the   person 
                 believed   to  be  committing  the  offense  and   whose 
                 communications  are to be intercepted and the  applicant 
                 makes  a  showing  of a purpose, on  the  part  of  that 
                 person,  to thwart interception by changing  facilities; 
                 and

                      (iii)  the judge finds that such purpose  has  been 
                 adequately shown.

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


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

             (1)  Within thirty days after the expiration of an order (or 
        each extension thereof) entered under section 2518, or the denial 
        of  an  order approving an interception, the issuing  or  denying 
        judge  shall  report to the Administrative Office of  the  United 
        States Courts --

                 (a) the fact that an order or extension was applied for;

                 (b)   the  kind  of  order  or  extension  applied   for 
            (including whether or not the order was an order with respect 
            to  which  the requirements of  sections  2518(1)(b)(ii)  and 
            2518(3)(d)  of this title did not apply by reason of  section 


                                   21

            2518(11) of this title);

                 (c) the fact that the order or extension was granted  as 
            applied, 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.

             (3)    In   April  of  each  year  the   Director   of   the 
        Administration 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.


        Section 2520.  Recovery of civil damages authorized

             (a)   In   general.--   Except  as   provided   in   section 
        2511(2)(a)(ii),  any  person  whose  wire,  oral,  or  electronic 
        communication is intercepted, disclosed, or intentionally used in 
        violation of this chapter may in a civil action recover from  the 
        person  or entity which engaged in that violation such relief  as 
        may be appropriate.

             (b)  Relief.-- In an action under this section,  appropriate 
        relief includes --

                 (1) such preliminary and other equitable or  declaratory 
            relief as may be appropriate;

                 (2) damages under subsection (c) and punitive damages in 
            appropriate cases; and

                 (3)  a  reasonable attorney's fee and  other  litigation 
            costs reasonably incurred.



                                   22

             (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,  the 
        the court shall assess damages as follows:

                 (A)  If the person who engaged in that conduct  has  not 
            previously  been enjoined under section 2511(5) and  has  not 
            been found liable in a prior civil action under this section, 
            the  court  shall  assess the greater of the  sum  of  actual 
            damages  suffered by the plaintiff, or statutory  damages  of 
            not less than $50 and not more than $500.

                 (B) If, on one prior occasion, the person who engaged in 
            that  conduct has been enjoined under section 2511(5) or  has 
            been  found liable in a civil action under this section,  the 
            court  shall assess the greater of the sum of actual  damages 
            suffered  by the plaintiff, or statutory damages of not  less 
            than $100 and not more than $1000.


             (2)   In any other action under this section, the court  may 
        assess as damages whichever is the greater of --

                 (A)  the  sum  of the actual  damages  suffered  by  the 
            plaintiff and any profits made by the violator as a result of 
            the violation; or

                 (B)   statutory damages of whichever is the  greater  of 
            $100 a day for each day of violation or $10,000.

             (d)  Defense.-- A good faith reliance on --

                 (1)  a court warrant or order, a grand jury subpoena,  a 
            legislative authorization, or a statutory authorization;

                 (2)  a  request of an investigative or  law  enforcement 
            officer under section 2518(7) of this title; or

                 (3)  a good faith determination that section 2511(3)  of 
            this title permitted the conduct complained of;

        is  a  complete  defense against any  civil  or  criminal  action 
        brought under this chapter or any other law.

             (e)  Limitation.-- A civil action under this section may not 
        be  commenced later than two years after the date upon which  the 
        claimant  first  has  a reasonable opportunity  to  discover  the 
        violation.



                                   23

        Section 2521.  Injunction against illegal interception

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



                    CHAPTER 121 -- STORED WIRE AND ELECTRONIC
                        COMMUNICATIONS AND TRANSACTIONAL 
                                 RECORDS ACCESS


        Section 2701.  Unlawful access to stored communications

             (a)  Offense.-- Except as provided in subsection (c) of this 
        section whoever --

                 (1)  intentionally  accesses  without  authorization   a 
            facility through which an electronic communication service is 
            provided; or

                 (2)   intentionally exceeds an authorization  to  access 
            that facility;

        and  thereby obtains, alters, or prevents authorized access to  a 
        wire  or  electronic  communication while  it  is  in  electronic 
        storage  in  such  a  system shall be  punished  as  provided  in 
        subsection (b) of this section.

             (b)   Punishment.--  The  punishment for  an  offense  under 
        subsection (a) of this section is --

                 (1)  if  the  offense  is  committed  for  purposes   of 
            commercial  advantage,  malicious destruction or  damage,  or 
            private commercial gain --

                      (A)   a   fine  of  not  more  than   $250,000   or 
                 imprisonment  for not more than two years, or  both,  in 
                 the case of a first offense under this subparagraph; and

                      (B)   a fine under this title or  imprisonment  for 


                                   24

                 not  more  than two years, or both, for  any  subsequent 
                 offense under this subparagraph; and 

                 (2)  a fine of not more than $5,000 or imprisonment  for 
            not more than six months, or both, in any other case.

             (c)   Exceptions.-- Subsection (a) of this section does  not 
        apply to conduct authorized--

                 (1)  by  the  person  or  entity  providing  a  wire  or 
            electronic communications service;

                 (2)  by  a  user  of that  service  with  respect  to  a 
            communication of or intended for that user; or

                 (3) in section 2703, 2704 or 2518 of this title.

        Section 2702.  Disclosure of contents

             (a) Prohibitions.-- Except as provided in subsection (b)--

                 (1)   a  person  or  entity  providing   an   electronic 
            communication  service  to  the public  shall  not  knowingly 
            divulge   to  any  person  or  entity  the  contents   of   a 
            communication  while in electronic storage by  that  service; 
            and

                 (2)   a  person  or entity  providing  remote  computing 
            service  to  the public shall not knowingly  divulge  to  any 
            person  or entity the contents of any communication which  is 
            carried or maintained on that service --

                      (A)  on  behalf  of,  and  received  by  means   of 
                 electronic  transmission  from (or created by  means  of 
                 computer processing of communications received by  means 
                 of  electronic  transmission  from),  a  subscriber   or 
                 customer of such service;

                      (B) solely for the purpose of providing storage  or 
                 computer  processing  services  to  such  subscriber  or 
                 customer,  if the provider is not authorized  to  access 
                 the contents of any such communications for purposes  of 
                 providing  any services other than storage  or  computer 
                 processing.

             (b)   Exceptions.--  A  person or  entity  may  divulge  the 
        contents of a communication --

                 (1)  to  an  addressee or  intended  recipient  of  such 
            communication  or  an  agent of such  addressee  or  intended 
            recipient;

                 (2) as otherwise authorized in section 2516, 2511(2)(a), 
            or 2703 of this title; 



                                   25

                 (3)  with  the lawful consent of the  originator  or  an 
            addressee or intended recipient of such communication, or the 
            subscriber in the case of a remote computing service;

                 (4)  to  a  person  employed  or  authorized  or   whose 
            facilities  are  used to forward such  communication  to  its 
            destination;

                 (5) as may be necessary incident to the rendition of the 
            service or to the protection of the rights or property of the 
            provider of that service; or

                 (6) to a law enforcement agency, if such contents --

                      (A)  were  inadvertently obtained  by  the  service 
                 provider; and

                      (B) appear to pertain to the commission of a crime.

        Section 2703. Requirements for government access

             (a)  Contents  of electronic  communications  in  electronic 
        storage.-- A governmental entity may require the disclosure by  a 
        provider  of electronic communication service of the contents  of 
        an  electronic communication that is in electronic storage in  an 
        electronic communications system for one hundred and eighty  days 
        or  less,  only pursuant to a warrant issued  under  the  Federal 
        Rules  of  Criminal  Procedure or equivalent  State  warrant.   A 
        governmental  entity may require the disclosure by a provider  of 
        electronic   communications  services  of  the  contents  of   an 
        electronic  communication that has been in electronic storage  in 
        an electronic communications system for more than one hundred and 
        eighty  days by the means available under subsection (b) of  this 
        section.

             (b)   Contents  of  electronic communications  in  a  remote 
        computing  service.  -- (1) A governmental entity may  require  a 
        provider of remote computing service to disclose the contents  of 
        any  electronic  communication to which this  paragraph  is  made 
        applicable by paragraph (2) of this subsection --

                 (A)  without  required  notice  to  the  subscriber   or 
            customer, if the governmental entity obtains a warrant issued 
            under  the Federal Rules of Criminal Procedure or  equivalent 
            State warrant; or

                 (B)  with prior notice from the governmental  entity  to 
            the subscriber or customer if the governmental entity --

                      (i) uses an administrative subpoena authorized by a 
                 Federal  or  State statute or a Federal or  State  grand 
                 jury subpoena; or

                      (ii)  obtains  a court order  for  such  disclosure 
                 under subsection (d) of this section;


                                   26


            except  that delayed notice may be given pursuant to  section 
            2705 of this title.

             (2)   Paragraph  (1)  is  applicable  with  respect  to  any 
        electronic  communication  that  is held or  maintained  on  that 
        service --

                 (A)  on behalf of, and received by means  of  electronic 
            communication   from  (or  created  by  means   of   computer 
            processing of communications received by means of  electronic 
            transmission  from), a subscriber or customer of such  remote 
            computing service; and

                 (B)  solely  for  the purpose of  providing  storage  or 
            computer processing services to such subscriber or  customer,  
            if  the provider is not authorized to access the contents  of 
            any  such  communications  for  purposes  of  providing   any 
            services other than storage or computer processing.

             (c)  Records concerning electronic communication service  or 
        remote   computing  service.--  (1)(A)  Except  as  provided   in 
        subparagraph (B), a provider of electronic communication  service 
        or  remote  computing  service may disclose  a  record  or  other 
        information  pertaining  to a subscriber to or customer  of  such 
        service (not including the contents of communications covered  by 
        subsection (a) or (b) of this section) to any person other than a 
        governmental entity.

             (B) A provider of electronic communication service or remote 
        computing  service shall disclose a record or  other  information 
        pertaining  to a subscriber to or customer of such  service  (not 
        including  the contents of communications covered  by  subsection 
        (a)  or (b) of this section) to a governmental entity  only  when 
        the governmental entity --

                 (i)  uses  an administrative subpoena  authorized  by  a 
            Federal  or State statute, or a Federal or State  grand  jury 
            subpoena;

                 (ii) obtains a warrant issued under the Federal Rules of 
            Criminal Procedure or equivalent State warrant;

                 (iii)  obtains a court order for such  disclosure  under 
            subsection (d) of this section; or

                 (iv)  has the consent of the subscriber or  customer  to 
            such disclosure.

             (2)  A governmental entity receiving records or  information 
        under  this  subsection is not required to provide  notice  to  a 
        subscriber or customer.

             (d)   Requirements  for court order. -- A  court  order  for 
        disclosure  under  subsection (b) or (c) of  this  section  shall 


                                   27

        issue only if the governmental entity shows that there is  reason 
        to believe the contents of a wire or electronic communication, or 
        the  records  or  other information sought,  are  relevant  to  a 
        legitimate  law  enforcement  inquiry.  In the case  of  a  State 
        governmental  authority,  such a court order shall not  issue  if 
        prohibited  by the law of such State.  A court issuing  an  order 
        pursuant  to  this  section, on a motion  made  promptly  by  the 
        service  provider,  may  quash  or  modify  such  order,  if  the 
        information  or  records requested are  unusually  voluminous  in 
        nature  or  compliance with such order would otherwise  cause  an 
        undue burden on such provider.

             (e)   No  cause  of action  against  a  provider  disclosing 
        information under this chapter.-- No cause of action shall lie in 
        any   court   against  any  provider  of   wire   or   electronic 
        communication service, its officers, employees, agents, or  other 
        specified  persons  for  providing  information,  facilities,  or 
        assistance  in  accordance  with  the terms  of  a  court  order, 
        warrant, subpoena, or certification under this chapter.


        Section 2704.  Backup preservation

             (a) Backup preservation.-- (1) A governmental entity  acting 
        under  section  2703(b)(2) may include in its subpoena  or  court 
        order a requirement that the service provider to whom the request 
        is  directed  create  a  backup  copy  of  the  contents  of  the 
        electronic  communications  sought  in order  to  preserve  those 
        communications.  Without notifying the subscriber or customer  of 
        such subpoena or court order, such service provider shall  create 
        such  backup  copy  as soon as practicable  consistent  with  its 
        regular business practices and shall confirm to the  governmental 
        entity  that  such backup copy has been made.  Such  backup  copy 
        shall  be created within two business days after receipt  by  the 
        service provider of the subpoena or court order.

             (2)   Notice to the subscriber or customer shall be made  by 
        the  governmental entity within three days after receipt of  such 
        confirmation,  unless such notice is delayed pursuant to  section 
        2705(a).

             (3)  The service provider shall not destroy such backup copy 
        until the later of --

                 (A) the deliver of the information; or

                 (B) the resolution of any proceedings (including appeals 
            of  any proceeding) concerning the government's  subpoena  or 
            court order.

             (4)  The service provider shall release such backup copy  to 
        the  requesting  government entity no sooner than  fourteen  days 
        after  the  governmental  entity's notice to  the  subscriber  or 
        customer if such service provider --



                                   28

                 (A)  has  not  received notice from  the  subscriber  or 
            customer  that the subscriber or customer has challenged  the 
            governmental entity's request; and

                 (B)  has  not  initiated proceedings  to  challenge  the 
            request of the governmental entity.

             (5)  A governmental entity may seek to require the  creation 
        of  a backup copy under subsection (a)(1) of this section  if  in 
        its  sole discretion such entity determines that there is  reason 
        to believe that notification under section 2703 of this title  of 
        the  existence  of  a  subpoena or  court  order  may  result  in 
        destruction of or tampering with evidence.  This determination is 
        not subject to challenge by the subscriber or customer or service 
        provider.

             (b)  Customer challenges.-- (1) Within fourteen  days  after 
        notice  by the governmental entity to the subscriber or  customer 
        under  subsection  (a)(2)  of this section,  such  subscriber  or 
        customer may file a motion to quash such subpoena or vacate  such 
        court order, with copies served upon the governmental entity  and 
        with written notice of such challenge to the service provider.  A 
        motion to vacate a court order shall be filed in the court  which 
        issued  such order.  A motion to quash a subpoena shall be  filed 
        in  the appropriate United States district court or State  court.  
        Such  motion or application shall contain an affidavit  or  sworn 
        statement --
         
                 (A)  stating  that  the  applicant  is  a  customer   or 
            subscriber  to  the  service  from  which  the  contents   of 
            electronic  communications  maintained  for  him  have   been 
            sought; and
              
                 (B)  stating the applicant's reasons for believing  that 
            the  records  sought  are not relevant to  a  legitimate  law 
            enforcement  inquiry or that there has not  been  substantial 
            compliance with the provisions of this chapter in some  other 
            respect.

             (2)   Service  shall  be  made under  this  section  upon  a 
        governmental  entity  by delivering or mailing by  registered  or 
        certified  mail  a copy of the papers to the person,  office,  or 
        department  specified  in  the  notice  which  the  customer  has 
        received  pursuant  to this chapter.  For the  purposes  of  this 
        section,  the term "delivery" has the meaning given to that  term 
        in the Federal Rules of Civil Procedure.

             (3)   If the court finds that the customer has complied with 
        paragraphs (1) and (2) of this subsection, the court shall  order 
        the  governmental entity to file a sworn response, which  may  be 
        filed  in  camera  if the governmental  entity  includes  in  its 
        response the reasons which make in camera review appropriate.  If 
        the court is unable to determine the motion or application on the 
        basis of the parties' initial allegations and response, the court 
        may conduct such additional proceedings as it deems  appropriate.  


                                   29

        All  such  proceedings  shall  be completed  and  the  motion  or 
        application  decided as soon as practicable after the  filing  of 
        the governmental entity's response.

             (4)   If  the  court finds that the  applicant  is  not  the 
        subscriber or customer for whom the communications sought by  the 
        governmental  entity are maintained, or that there is  reason  to 
        believe  that the law enforcement inquiry is legitimate and  that 
        the communications sought are relevant to that inquiry, it  shall 
        deny  the motion or application and order such process  enforced.  
        If  the  court  finds that the applicant  is  the  subscriber  or 
        customer  for whom the communications sought by the  governmental 
        entity  are maintained, and that there is not a reason to believe 
        that  the communications sought are relevant to a legitimate  law 
        enforcement  inquiry,  or  that there has  not  been  substantial 
        compliance  with the provisions of this chapter, it  shall  order 
        the process quashed.

             (5)   A  court order denying a motion or  application  under 
        this   section  shall  not  be  deemed  a  final  order  and   no 
        interlocutory appeal may be taken therefrom by the customer.

              

        Section 2705.  Delayed notice

             (a)  Delay  of  notification.-- (1)  A  governmental  entity 
        acting under section 2703(b) of this title may--

                 (A)  where  a  court order is  sought,  include  in  the 
            application  a request, which the court shall grant,  for  an 
            order  delaying  the  notification  required  under   section 
            2703(b) of this title for a period not to exceed ninety days, 
            if the court determines that there is reason to believe  that 
            notification of the existence of the court order may have  an 
            adverse result described in paragraph (2) of this subsection; 
            or

                 (B)  where  an administrative subpoena authorized  by  a 
            Federal  or  State statute or a Federal or State  grand  jury 
            subpoena  is obtained, delay the notification required  under 
            section  2703(b)  of this title for a period  not  to  exceed 
            ninety days upon the execution of a written certification  of 
            a  supervisory official that there is reason to believe  that 
            notification  of  the existence of the subpoena may  have  an 
            adverse result described in paragraph (2) of this subsection.
             (2)  An adverse result for the purposes of paragraph (1)  of 
        this subsection is --

                 (A)  endangering  the  life or  physical  safety  of  an 
            individual;
                 
                 (B) flight from prosecution;

                 (C) destruction of or tampering with evidence;


                                   30

                 (D) intimidation of potential witnesses; or

                 (E) otherwise seriously jeopardizing an investigation or 
            unduly delaying a trial.

             (3)   The governmental entity shall maintain a true copy  of 
        certification under paragraph (1)(B).

             (4)   Extensions  of the delay of notification  provided  in 
        section  2703  of up to ninety days each may be  granted  by  the 
        court  upon  application, or by certification by  a  governmental 
        entity  ,  but  only in accordance with subsection  (b)  of  this 
        section.

             (5)  Upon expiration of the period of delay of  notification 
        under  paragraph (1) or (4) of this subsection, the  governmental 
        entity shall serve upon, or deliver by registered or  first-class 
        mail  to,  the customer or subscriber a copy of  the  process  or 
        request together with notice that --

                 (A) states with reasonable specificity the nature of the 
            law enforcement inquiry; and

                 (B) informs such customer or subscriber --
                      
                      (i)  that information maintained for such  customer 
                 or  subscriber  by the service provider  named  in  such 
                 process or request was supplied to or requested by  that 
                 governmental  authority  and  the  date  on  which   the 
                 supplying or request took place;

                      (ii)   that  notification  of  such   customer   or 
                 subscriber was delayed;

                      (iii)  what governmental entity or court  made  the 
                 certification  or determination pursuant to  which  that 
                 delay was made; and

                      (iv)  which provision of this chapter allowed  such 
                 delay.

             (6)   As  used  in this subsection,  the  term  "supervisory 
        official"  means the investigative agent in charge  or  assistant 
        investigative   agent   in  charge  or  an   equivalent   of   an 
        investigative  agency's headquarters or regional office,  or  the 
        chief  prosecuting  attorney or the first  assistant  prosecuting 
        attorney   or   an  equivalent  of   a   prosecuting   attorney's 
        headquarters or regional office.

             (b)   Preclusion  of  notice  to  subject  of   governmental 
        access.--  A governmental entity acting under section 2703,  when 
        it  is  not required to notify the subscriber or  customer  under 
        section  2703(b)(1),  or  to the extent that it  may  delay  such 


                                   31

        notice pursuant to subsection (a) of this section, may apply to a 
        court   for  an  order  commanding  a  provider   of   electronic 
        communications  service  or remote computing service  to  whom  a 
        warrant, subpoena, or court order is directed, for such period as 
        the  court deems appropriate, not to notify any other  person  of 
        the  existence  of the warrant, subpoena, or  court  order.   The 
        court  shall enter such an order if it determines that  there  is 
        reason to believe that such notification of the existence of  the 
        warrant, subpoena, or court order will result in--

                 (1)  endangering  the  life or  physical  safety  of  an 
            individual;

                 (2) flight from prosecution;

                 (3) destruction of or tampering with evidence;

                 (4) intimidation of potential witnesses; or

                 (5) otherwise seriously jeopardizing an investigation or 
            unduly delaying a trial.


        Section 2706.  Cost reimbursement

             (a)   Payment.-- Except as otherwise provided in  subsection 
        (c),   a   governmental   entity  obtaining   the   contents   of 
        communications, records, or other information under section 2702, 
        2703,  or  2704 of this title shall pay to the person  or  entity 
        assembling or providing such information a fee for  reimbursement 
        for  such costs as are reasonably necessary and which  have  been 
        directly  incurred in searching for, assembling, reproducing,  or 
        otherwise  providing such information.  Such  reimbursable  costs 
        shall  include  any costs due to necessary disruption  of  normal 
        operations  of  any electronic communication  service  or  remote 
        computing service in which such information may be stored.

             (b)  Amount.-- The amount of the fee provided by  subsection 
        (a)  shall be as mutually agreed by the governmental  entity  and 
        the  person  or  entity providing the  information,  or,  in  the 
        absence  of agreement, shall be as determined by the court  which 
        issued  the  order  for production of such  information  (or  the 
        court  before  which  a criminal  prosecution  relating  to  such 
        information  would be brought, if no court order was  issued  for 
        production of the information).

             (c)  The requirement of subsection (a) of this section  does 
        not apply with respect to records or other information maintained 
        by a communications common carrier that relate to telephone  toll 
        records  and  telephone listings obtained under section  2703  of 
        this title.  The court may, however, order a payment as described 
        in  subsection  (a)  if  the  court  determines  the  information 
        required is unusually voluminous in nature or otherwise caused an 
        undue burden on the provider.



                                   32
        
	Section 2707.  Civil action

             (a)   Cause  of  action.-- Except  as  provided  in  section 
        2703(e),  any  provider  of  electronic  communication   service, 
        subscriber,  or  customer  aggrieved by  any  violation  of  this 
        chapter  in  which  the conduct  constituting  the  violation  is 
        engaged in with a knowing or intentional state of mind may, in  a 
        civil action, recover from the person or entity which engaged  in 
        that violation such relief as may be appropriate.

             (b)   Relief.--  In  a  civil  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

                 (3)  a  reasonable attorney's fee and  other  litigation 
            costs reasonably incurred.

             (c)  Damages.-- The court may assess as damages in  a  civil 
        action under this section the sum of the actual damages  suffered 
        by the plaintiff and any profits made by the violator as a result 
        of  the  violation,  but in no case shall a  person  entitled  to 
        recover receive less than the sum of $1,000.

             (d)  Defense.-- A good faith reliance on--

                 (1)  a court warrant or order, a grand jury subpoena,  a 
            legislative authorization, or a statutory authorization;

                 (2)  a  request of an investigative or  law  enforcement 
            officer under section 2518(7) of this title; or

                 (3)  a good faith determination that section 2511(3)  of 
            this title permitted the conduct complained of;

        is  a  complete defense to 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  discovered or had a  reasonable  opportunity  to 
        discover the violation.


        Section 2708.  Exclusivity of remedies

             The remedies and sanctions described in this chapter are the 
        only  judicial  remedies  and  sanctions  for   nonconstitutional 
        violations of this chapter.




                                   33

        Section  2709.  Counterintelligence access to telephone toll  and 
                          transactional records.

             (a)   Duty to provide.-- A wire or electronic  communication 
        service  provider  shall  comply with a  request  for  subscriber 
        information  and toll billing records information, or  electronic 
        communication  transaction records in its custody  or  possession 
        made by the Director of the Federal Bureau of Investigation under 
        subsection (b) of this section.

             (b)   Required certification.-- The Director of the  Federal 
        Bureau  of  Investigation (or an individual  within  the  Federal 
        Bureau  of  Investigation  designated for  this  purpose  by  the 
        Director)  may  request any such information and records  if  the 
        Director (or the Director's designee) certifies in writing to the 
        wire  or electronic communication service provider to  which  the 
        request is made that --

                 (1) the information sought is relevant to an  authorized 
            foreign counterintelligence investigation; and

                 (2)  there  are specific and  articulable  facts  giving 
            reason  to  believe  that the person or entity  to  whom  the 
            information sought pertains is a foreign power or an agent of 
            a  foreign  power as defined in section 101  of  the  Foreign 
            Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

             (c)   Prohibition  of  certain  disclosure.--  No  wire   or 
        electronic communication service provider, or officer,  employee, 
        or  agent thereof, shall disclose to any person that the  Federal 
        Bureau  of  Investigation  has  sought  or  obtained  access   to 
        information or records under this section.

             (d)   Dissemination  by  bureau.-- The  Federal;  Bureau  of 
        Investigation  may disseminate information and  records  obtained 
        under this section only as provided in guidelines approved by the 
        Attorney General for foreign intelligence collection and  foreign 
        counterintelligence  investigations  conducted  by  the   Federal 
        Bureau of Investigation, and, with respect to dissemination to an 
        agency of the United States, only if such information is  clearly 
        relevant to the authorized responsibilities of such agency.

             (e)   Requirement  that  certain  congressional  bodies   be 
        informed.--  On  a semiannual basis the Director of  the  Federal 
        Bureau  of Investigation shall fully inform the Permanent  Select 
        Committee on Intelligence of the House of Representatives and the 
        Select  Committee  on Intelligence of the Senate  concerning  all 
        request made under subsection (b) of this section.


        Section 2710.  Definitions for chapter

             As used in this chapter--

                 (1)  the  terms defined in section 2510  of  this  title 


                                   34
            
            have, respectively, the definitions given such terms in  that 
            section; and

                 (2)  the  term  "remote  computing  service"  means  the 
            provision  to  the public of computer storage  or  processing 
            services by means of an electronic communications system.

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