1061 
‘‘(B) In an action under this subsection— 
‘‘(i) if the violation of this subchapter is a first 
offense for the person under paragraph (1) of sub-
section (d) and such person has not been found lia-
ble in a civil action under section 3119E, the Fed-
eral Government shall be entitled to appropriate in-
junctive relief; and 
‘‘(ii) if the violation of this subchapter is a sec-
ond or subsequent offense under paragraph (1) of 
subsection (d) or such person has been found liable 
in any prior civil action under section 3119E, the 
person shall be subject to a mandatory $500 civil 
fine. 
‘‘(2) The court may use any means within its author-
ity to enforce an injunction issued under paragraph 
(1)(B)(i), and shall impose a civil fine of not less than 
$500 for each violation of such an injunction. 
‘‘§ 1493. Manufacture, distribution, possession, and 
advertising of wire, oral, or electronic 
communication intercepting devices pro-
hibited 
‘‘(a) OFFENSE.—Except as otherwise specifically pro-
vided in this subchapter, whoever intentionally— 
‘‘(1) sends through the mail, or sends or carries 
in interstate or foreign commerce, any electronic, 
VerDate Mar 15 2010 
03:53 Jun 13, 2013
Jkt 029200
PO 00000
Frm 01061
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1062 
mechanical, or other device, knowing or having rea-
son to know that the design of such device renders 
it primarily useful for the purpose of the surrep-
titious interception of wire, oral, or electronic com-
munications; 
‘‘(2) 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 
‘‘(3) places in any newspaper, magazine, hand-
bill, or other publication or disseminates by elec-
tronic means any advertisement of— 
‘‘(A) 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 inter-
ception of wire, oral, or electronic communica-
tions; or 
‘‘(B) any other electronic, mechanical, or 
other device, where such advertisement pro-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01062
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1063 
motes the use of such device for the purpose of 
the surreptitious interception of wire, oral, or 
electronic communications, 
knowing the content of the advertisement and know-
ing or having reason to know that such advertise-
ment will be sent through the mail or transported in 
interstate or foreign commerce, 
shall be imprisoned for not more than five years. 
‘‘(b) EXCLUSION.—It shall not be unlawful under this 
section for— 
‘‘(1) a provider of wire or electronic commu-
nication 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 
‘‘(2) an officer, agent, or employee of, or a per-
son 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 surrep-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01063
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1064 
titious interception of wire, oral, or electronic communica-
tions. 
‘‘(c) ADDITIONAL EXCLUSION.—It shall not be un-
lawful under this section to advertise for sale a device de-
scribed in subsection (a) of this section if the advertise-
ment is mailed, sent, or carried in interstate or foreign 
commerce solely to a domestic provider of wire or elec-
tronic communication service or to an agency of the 
United States, a State, or a political subdivision thereof 
which is duly authorized to use such device. 
‘‘§ 1494. Confiscation of wire, oral, or electronic com-
munication intercepting devices 
‘‘Any electronic, mechanical, or other device used, 
sent, carried, manufactured, assembled, possessed, sold, or 
advertised in violation of section 1492 or section 1493 
may be seized and forfeited to the United States. All provi-
sions of law relating to (1) the seizure, summary and judi-
cial forfeiture, and condemnation of vessels, vehicles, mer-
chandise, 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 bag-
gage or the proceeds from the sale thereof, (3) the remis-
sion or mitigation of such forfeiture, (4) the compromise 
of claims, and (5) the award of compensation to informers 
in respect of such forfeitures, apply to seizures and forfeit-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01064
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1065 
ures incurred, or alleged to have been incurred, under this 
section, insofar as applicable and not inconsistent with 
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, merchan-
dise, and baggage under 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. 
‘‘SUBCHAPTER C—STORED WIRE AND ELEC-
TRONIC COMMUNICATIONS AND TRANS-
ACTIONAL RECORDS ACCESS 
‘‘Sec. 
‘‘1521. Unlawful access to stored communications. 
‘‘§ 1521. Unlawful access to stored communications 
‘‘(a) OFFENSE.—Except as provided in subsection (c) 
of this section whoever— 
‘‘(1) intentionally accesses without authoriza-
tion a facility through which an electronic commu-
nication 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 elec-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01065
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
1066 
tronic storage in such system shall be punished as pro-
vided 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 dam-
age, or private commercial gain, or in furtherance of 
any criminal or tortious act in violation of the Con-
stitution or laws of the United States or any State— 
‘‘(A) a fine under this title or imprison-
ment for not more than 5 years, or both, in the 
case of a first offense under this subparagraph; 
and 
‘‘(B) a fine under this title or imprison-
ment for not more than 10 years, or both, for 
any subsequent offense under this subpara-
graph; and 
‘‘(2) in any other case— 
‘‘(A) a fine under this title or imprison-
ment for not more than 1 year or both, in the 
case of a first offense under this paragraph; 
and 
‘‘(B) a fine under this title or imprison-
ment for not more than 5 years, or both, in the 
case of an offense under this subparagraph that 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 01066
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS