593 
through the mail or transported in interstate or foreign 
commerce, 
shall be imprisoned not more than five years. 
(b) EXCLUSION.—It shall not be unlawful under this sec-
tion for— 
(1) 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 commu-
nication service, or 
(2) an officer, agent, or employee of, or a person 
under contract with, the United States, a State, or a polit-
ical subdivision thereof, in the normal course of the activi-
ties 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 elec-
tronic, 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. 
(c) ADDITIONAL EXCLUSION.—It shall not be unlawful 
under this section to advertise for sale a device described in 
subsection (a) of this section if the advertisement is mailed, 
sent, or carried in interstate or foreign commerce solely to a 
domestic provider of wire or electronic communication service 
or to an agency of the United States, a State, or a political 
subdivision thereof which is duly authorized to use such device. 
§ 1494. Confiscation of wire, oral, or electronic 
communication intercepting devices 
Any electronic, mechanical, or other device used, sent, car-
ried, manufactured, assembled, possessed, sold, or advertised in 
violation of section 1492 or section 1493 may be seized and 
forfeited to the United States. All provisions of law relating to 
(1) the seizure, summary and judicial forfeiture, and con-
demnation of vessels, vehicles, merchandise, and baggage for 
violations of the customs laws contained in title 19 of the 
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United States Code, (2) the disposition of such vessels, vehicles, 
merchandise, and baggage or the proceeds from the sale there-
of, (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 ves-
sels, 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. 
§ 1495. Prohibition of use as evidence of inter-
cepted wire or oral communications 
Whenever any wire or oral communication has been inter-
cepted, 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 informa-
tion would be in violation of this subchapter. 
§ 1496. Authorization for interception of wire, 
oral, or electronic communications 
(a) FEDERAL
PROSECUTORS.—The Attorney General, 
Deputy Attorney General, Associate Attorney General, or any 
Assistant Attorney General, any acting Assistant Attorney Gen-
eral, or any Deputy Assistant Attorney General or acting Dep-
uty Assistant Attorney General in the Criminal Division spe-
cially 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 
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this subchapter an order authorizing or approving the intercep-
tion of wire or oral communications by the Federal Bureau of 
Investigation, or a Federal agency having responsibility for the 
investigation of the offense as to which the application is made, 
when such interception may provide or has provided evidence 
of— 
(1) any offense punishable by death or by imprison-
ment for more than one year under sections 2122 and 2274 
through 2277 of title 42 of the United States Code (relat-
ing 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 fol-
lowing chapters of this title: subchapter E of chapter 15 
(relating to espionage), subchapter C of chapter 10 (relat-
ing to kidnapping), subchapter C of chapter 35 (relating to 
protection of trade secrets), subchapter A of chapter 15 
(relating to treason), subchapter N of chapter 29 (relating 
to malicious mischief), or subchapter A of chapter 31 (re-
lating to piracy); 
(2) a violation of section 186 or section 501(c) of title 
29, United States Code (dealing with restrictions on pay-
ments and loans to labor organizations), or any offense 
which involves murder, kidnapping, robbery, or extortion, 
and which is punishable under this title; 
(3) any offense which is punishable under the fol-
lowing sections of this title: section 991 (bribery of public 
officials and witnesses), section 1003 (relating to bribery of 
bank officials), section 1005 (bribery in sporting contests), 
subsection (d), (e), (f), (g), (h), or (i) of section 614 (un-
lawful use of explosives), section 1071 (relating to escape), 
section 779 (relating to loans and credit applications gen-
erally; renewals and discounts), sections 1132, 1137, and 
1138 (influencing or injuring an officer, juror, or witness 
generally), section 1135 (obstruction of criminal investiga-
tions), section 1136 (obstruction of State or local law en-
forcement), section 1265 (sex trafficking of children by 
force, fraud, or coercion), section 102, 201, 203 (Presi-
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dential and Presidential staff assassination, kidnapping, 
and assault), section 501 (interference with commerce by 
threats or violence), section 502 (interstate and foreign 
travel or transportation in aid of racketeering enterprises), 
section 506 (relating to use of interstate commerce facili-
ties in the commission of murder for hire), section 507 (re-
lating to violent crimes in aid of racketeering activity), sec-
tion 504 (offer, acceptance, or solicitation to influence oper-
ations of employee benefit plan), section 505 (prohibition of 
business enterprises of gambling), section 1451 (laundering 
of monetary instruments), section 1452 (relating to engag-
ing in monetary transactions in property derived from spec-
ified unlawful activity), section 547 (theft from interstate 
shipment), section 652 (embezzlement from pension and 
welfare funds), section 803 (fraud by wire, radio, or tele-
vision), section 804 (relating to bank fraud), sections 221 
and 223 (sexual exploitation of children), section 222 (sell-
ing or buying of children), section 223 (relating to material 
constituting or containing child pornography), section 1445 
(relating to child obscenity), section 161 (production of sex-
ually explicit depictions of a minor for importation into the 
United States), sections 211, 212, 213, and 215 (relating 
to transportation for illegal sexual activity and related 
crimes),sections 671, 672, 673, and 674 (interstate trans-
portation of stolen property), section 682 (relating to traf-
ficking in certain motor vehicles or motor vehicle parts), 
section 203 (relating to hostage taking), section 786 (relat-
ing to fraud and related activity in connection with access 
devices), section 1301 (relating to destruction of aircraft or 
aircraft facilities), section 1307 (relating to aircraft parts 
fraud), section 513 (violations with respect to racketeer in-
fluenced and corrupt organizations), section 102, 111, 201, 
and 203 (relating to threatening or retaliating against a 
Federal official), section 801 (relating to mail fraud), a fel-
ony violation of section 787 (relating to computer fraud 
and abuse), section 601 (relating to prohibited transactions 
involving nuclear materials), section 1302 (relating to de-
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struction of motor vehicles or motor vehicle facilities), sec-
tion 621 (relating to biological weapons), section 624 (re-
lating to variola virus),section 1331 (relating to wrecking 
trains), a felony violation of section 783 (relating to pro-
duction of false identification documentation), section 315 
(relating to the procurement of citizenship or nationaliza-
tion unlawfully), section 316 (relating to the sale of natu-
ralization or citizenship papers), section 311 (relating to 
false statements in passport applications), section 312 (re-
lating to forgery or false use of passports), section 313 (re-
lating to misuse of passports), or section 314 (relating to 
fraud and misuse of visas, permits, and other documents) 
; 
(4) any offense involving counterfeiting punishable 
under section 692, 693, or 694 of this title; 
(5) any offense involving fraud connected with a case 
under title 11 or the manufacture, importation, receiving, 
concealment, buying, selling, or otherwise dealing in nar-
cotic drugs, marihuana, or other dangerous drugs, punish-
able under any law of the United States; 
(6) any offense including extortionate credit trans-
actions under sections 155, 156, or 157 of this title; 
(7) a violation of section 5322 of title 31, United 
States Code (dealing with the reporting of currency trans-
actions); 
(8) any felony violation of sections 1492 and 1493 (re-
lating to interception and disclosure of certain communica-
tions and to certain intercepting devices) of this title; 
(9) any felony violation of subchapter F of chapter 35 
(relating to obscenity) of this title; 
(10) any violation of section 60123(b) (relating to de-
struction of a natural gas pipeline) or section 46502 (relat-
ing to aircraft piracy) of title 49; 
(11) any criminal violation of section 2778 of title 22 
(relating to the Arms Export Control Act); 
(12) the location of any fugitive from justice from an 
offense described in this section; 
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(13) the location of any fugitive from justice from an 
offense described in this section; 
(14) a violation of section 274, 277, or 278 of the Im-
migration and Nationality Act (8 U.S.C. 1324, 1327, or 
1328) (relating to the smuggling of aliens); 
(15) any felony violation of sections 582 and 584 of 
title 18, United States Code (relating to firearms); 
(16) any violation of section 5861 of the Internal Rev-
enue Code of 1986 (relating to firearms); 
(17) a felony violation of section 783 (relating to pro-
duction of false identification documents), section 311 (re-
lating to false statements in passport applications), section 
314 (relating to fraud and misuse of visas, permits, and 
other documents) of this title or a violation of section 274, 
277, or 278 of the Immigration and Nationality Act (relat-
ing to the smuggling of aliens); 
(18) any criminal violation of section 631 (relating to 
chemical weapons); or sections 271, 273, 274, 275, 278, 
279, or 208 of this title (relating to terrorism); or 
(19) any conspiracy to commit any offense described 
in any subparagraph of this paragraph. 
(b) STATE PROSECUTORS.—The principal prosecuting at-
torney 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 ap-
proving the interception of wire, oral, or electronic communica-
tions, 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 in-
vestigative 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 evi-
dence 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 
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dangerous to life, limb, or property, and punishable by impris-
onment for more than one year, designated in any applicable 
State statute authorizing such interception, or any conspiracy 
to commit any of the foregoing offenses. 
(c) INTERCEPTION FOR EVIDENCE OF FEDERAL FELO-
NIES.—Any attorney for the Government (as such term is de-
fined for the purposes of the Federal Rules of Criminal Proce-
dure) may authorize an application to a Federal judge of com-
petent jurisdiction for, and such judge may grant, in con-
formity with section 1498 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 evi-
dence of any Federal felony. 
§ 1497. Authorization for disclosure and use of 
intercepted wire, oral, or electronic com-
munications 
(a) DISCLOSURE TO INVESTIGATIVE OR LAW ENFORCE-
MENT OFFICERS.— Any investigative or law enforcement offi-
cer who, by any means authorized by this chapter, has obtained 
knowledge of the contents of any wire, oral, or electronic com-
munication, 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 per-
formance of the official duties of the officer making or receiv-
ing the disclosure. 
(b) USE OF CONTENTS IN PERFORMANCE OF DUTIES.— 
Any investigative or law enforcement officer who, by any means 
authorized by this chapter, has obtained knowledge of the con-
tents of any wire, oral, or electronic communication or evidence 
derived therefrom may use such contents to the extent such use 
is appropriate to the proper performance of his official duties. 
(c) USE OF CONTENTS IN TESTIMONY.—Any person who 
has received, by any means authorized by this chapter, any in-
formation concerning a wire, oral, or electronic communication, 
or evidence derived therefrom intercepted in accordance with 
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the provisions of this chapter may disclose the contents of that 
communication or such derivative evidence while giving testi-
mony under oath or affirmation in any proceeding held under 
the authority of the United States or of any State or political 
subdivision thereof. 
(d) PRIVELAGED CHARACTER.—No otherwise privileged 
wire, oral, or electronic communication intercepted in accord-
ance with, or in violation of, this subchapter shall lose its privi-
leged character. 
(e) OFFENSES OTHER THAN THOSE SPECIFIED IN THE 
ORDER.—When an investigative or law enforcement officer, 
while engaged in intercepting wire, oral, or electronic commu-
nications 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 dis-
closed or used as provided in subsections (a) and (b). Such con-
tents and any evidence derived therefrom may be used under 
subsection (c) when authorized or approved by a judge of com-
petent jurisdiction where such judge finds on subsequent appli-
cation that the contents were otherwise intercepted in accord-
ance with this subchapter. Such application shall be made as 
soon as practicable. 
(f) DOMESTIC USE
OF INTELLIGENCE
AND COUNTER-
INTELLIGENCE INFORMATION.—Any investigative or law en-
forcement officer, or attorney for the Government, who by any 
means authorized by this chapter, has obtained knowledge of 
the contents of any wire, oral, or electronic communication, or 
evidence derived therefrom, may disclose such contents to any 
other Federal law enforcement, intelligence, protective, immi-
gration, national defense, or national security official to the ex-
tent that such contents include foreign intelligence or counter-
intelligence (as defined in section 3 of the National Security 
Act of 1947 (50 U.S.C. 401a)), or foreign intelligence informa-
tion (as defined in subsection (19) of section 2510 of this title), 
to assist the official who is to receive that information in the 
performance of his official duties. Any Federal official who re-
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ceives information pursuant to this provision may use that in-
formation only as necessary in the conduct of that person’s of-
ficial duties subject to any limitations on the unauthorized dis-
closure of such information. 
(g) FORIEGN USE
OF INTELLIGENCE
AND COUNTER-
INTELLIGENCE INFORMATION.— Any investigative or law en-
forcement officer, or other Federal official in carrying out offi-
cial duties as such Federal official, who by any means author-
ized by this chapter, has obtained knowledge of the contents of 
any wire, oral, or electronic communication, or evidence derived 
therefrom, may disclose such contents or derivative evidence to 
a foreign investigative or law enforcement officer to the extent 
that such disclosure is appropriate to the proper performance 
of the official duties of the officer making or receiving the dis-
closure, and foreign investigative or law enforcement officers 
may use or disclose such contents or derivative evidence to the 
extent such use or disclosure is appropriate to the proper per-
formance of their official duties. 
(h) DISCLOSURE FOR PUBLIC SAFETY PURPOSES.—Any 
investigative or law enforcement officer, or other Federal offi-
cial in carrying out official duties as such Federal official, who 
by any means authorized by this chapter, has obtained knowl-
edge of the contents of any wire, oral, or electronic communica-
tion, or evidence derived therefrom, may disclose such contents 
or derivative evidence to any appropriate Federal, State, local, 
or foreign government official to the extent that such contents 
or derivative evidence reveals a threat of actual or potential at-
tack or other grave hostile acts of a foreign power or an agent 
of a foreign power, domestic or international sabotage, domes-
tic or international terrorism, or clandestine intelligence gath-
ering activities by an intelligence service or network of a for-
eign power or by an agent of a foreign power, within the 
United States or elsewhere, for the purpose of preventing or re-
sponding to such a threat. Any official who receives information 
pursuant to this provision may use that information only as 
necessary in the conduct of that person’s official duties subject 
to any limitations on the unauthorized disclosure of such infor-
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mation, and any State, local, or foreign official who receives in-
formation pursuant to this provision may use that information 
only consistent with such guidelines as the Attorney General 
and Director of Central Intelligence shall jointly issue. 
§ 1498. Procedure for interception of wire, oral, or 
electronic communications 
(a) APPLICATION.—Each application for an order author-
izing 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 applica-
tion. Each application shall include the following information: 
(1) the identity of the investigative or law enforcement 
officer making the application, and the officer authorizing 
the application; 
(2) a full and complete statement of the facts and cir-
cumstances relied upon by the applicant, to justify his be-
lief that an order should be issued, including (i) details as 
to the particular offense that has been, is being, or is about 
to be committed, (ii) except as provided in subsection (11), 
a particular description of the nature and location of the 
facilities from which or the place where the communication 
is to be intercepted, (iii) a particular description of the type 
of communications sought to be intercepted, (iv) the iden-
tity of the person, if known, committing the offense and 
whose communications are to be intercepted; 
(3) 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; 
(4) 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 intercep-
tion should not automatically terminate when the described 
type of communication has been first obtained, a particular 
description of facts establishing probable cause to believe 
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that additional communications of the same type will occur 
thereafter; 
(5) a full and complete statement of the facts con-
cerning all previous applications known to the individual 
authorizing and making the application, made to any judge 
for authorization to intercept, or for approval of intercep-
tions 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 
(6) where the application is for the extension of an 
order, a statement setting forth the results thus far ob-
tained from the interception, or a reasonable explanation of 
the failure to obtain such results. 
(b) ADDITIONAL TESTIMONY
OR DOCUMENTRAY EVI-
DENCE.—The judge may require the applicant to furnish addi-
tional testimony or documentary evidence in support of the ap-
plication. 
(c) EX PARTE ORDER.—Upon such application the judge 
may enter an ex parte order, as requested or as modified, au-
thorizing 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— 
(1) there is probable cause for belief that an individual 
is committing, has committed, or is about to commit a par-
ticular offense enumerated in section 1496 of this chapter; 
(2) there is probable cause for belief that particular 
communications concerning that offense will be obtained 
through such interception; 
(3) normal investigative procedures have been tried 
and have failed or reasonably appear to be unlikely to suc-
ceed if tried or to be too dangerous; 
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(4) except as provided in subsection (11), there is 
probable cause for belief that the facilities from which, or 
the place where, the wire, oral, or electronic communica-
tions 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. 
(d) CONTENTS OF ORDER.—Each order authorizing or ap-
proving the interception of any wire, oral, or electronic commu-
nication under this chapter shall specify— 
(1) the identity of the person, if known, whose commu-
nications are to be intercepted; 
(2) the nature and location of the communications fa-
cilities as to which, or the place where, authority to inter-
cept is granted; 
(3) a particular description of the type of communica-
tion sought to be intercepted, and a statement of the par-
ticular offense to which it relates; 
(4) the identity of the agency authorized to intercept 
the communications, and of the person authorizing the ap-
plication; and 
(5) 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 de-
scribed communication has been first obtained. 
An order authorizing the interception of a wire, oral, or elec-
tronic communication under this chapter shall, upon request of 
the applicant, direct that a provider of wire or electronic com-
munication service, landlord, custodian or other person shall 
furnish the applicant forthwith all information, facilities, and 
technical assistance necessary to accomplish the interception 
unobtrusively and with a minimum of interference with the 
services that such service provider, landlord, custodian, or per-
son is according the person whose communications are to be 
intercepted. Any provider of wire or electronic communication 
service, landlord, custodian or other person furnishing such fa-
cilities or technical assistance shall be compensated therefor by 
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the applicant for reasonable expenses incurred in providing 
such facilities or assistance. Pursuant to section 2522 of this 
chapter, an order may also be issued to enforce the assistance 
capability and capacity requirements under the Communica-
tions Assistance for Law Enforcement Act. 
(e) LIMITATIONS ON ORDERS.—No order entered under 
this section may authorize or approve the interception of any 
wire, oral, or electronic communication for any period longer 
than is necessary to achieve the objective of the authorization, 
nor in any event longer than thirty days. Such thirty-day pe-
riod begins on the earlier of the day on which the investigative 
or law enforcement officer first begins to conduct an intercep-
tion under the order or ten days after the order is entered. Ex-
tensions 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 sub-
section (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 oth-
erwise subject to interception under this chapter, and must ter-
minate upon attainment of the authorized objective, or in any 
event in thirty days. In the event the intercepted communica-
tion is in a code or foreign language, and an expert in that for-
eign 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 Govern-
ment personnel, or by an individual operating under a contract 
with the Government, acting under the supervision of an inves-
tigative or law enforcement officer authorized to conduct the 
interception. 
(f) REPORTS TO ISSUING JUDGE.—Whenever an order au-
thorizing interception is entered pursuant to this chapter, the 
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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 con-
tinued interception. Such reports shall be made at such inter-
vals as the judge may require. 
(g) EMERGENCY SITUATIONS.—Notwithstanding any other 
provision of this chapter, any investigative or law enforcement 
officer, specially designated by the Attorney General, the Dep-
uty 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 reason-
ably determines that— 
(1) an emergency situation exists that involves— 
(A) immediate danger of death or serious physical 
injury to any person, 
(B) conspiratorial activities threatening the na-
tional security interest, or 
(C) conspiratorial activities characteristic of orga-
nized 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 
(2) there are grounds upon which an order could be 
entered under this chapter to authorize such interception, 
may intercept such wire, oral, or electronic communication if an 
application for an order approving the interception is made in 
accordance with this section within forty-eight hours after the 
interception has occurred, or begins to occur. In the absence of 
an order, such interception shall immediately terminate when 
the communication sought is obtained or when the application 
for the order is denied, whichever is earlier. In the event such 
application for approval is denied, or in any other case where 
the interception is terminated without an order having been 
issued, the contents of any wire, oral, or electronic communica-
tion intercepted shall be treated as having been obtained in vio-
lation of this chapter, and an inventory shall be served as pro-
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vided for in subsection (d) of this section on the person named 
in the application. 
(h) RECORDING OF INTERCEPTION.—(1) 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 pro-
tect the recording from editing or other alterations. Imme-
diately upon the expiration of the period of the order, or exten-
sions thereof, such recordings shall be made available to the 
judge issuing such order and sealed under his directions. Cus-
tody of the recordings shall be wherever the judge orders. They 
shall not be destroyed except upon an order of the issuing or 
denying judge and in any event shall be kept for ten years. Du-
plicate recordings may be made for use or disclosure pursuant 
to the provisions of subsections (1) and (2) of section 1497 of 
this chapter for investigations. The presence of the seal pro-
vided for by this subsection, or a satisfactory explanation for 
the absence thereof, shall be a prerequisite for the use or dis-
closure of the contents of any wire, oral, or electronic commu-
nication or evidence derived therefrom under subsection (3) of 
section 1497. 
(2) Applications made and orders granted under this chap-
ter shall be sealed by the judge. Custody of the applications 
and orders shall be wherever the judge directs. Such applica-
tions and orders shall be disclosed only upon a showing of good 
cause before a judge of competent jurisdiction and shall not be 
destroyed except on order of the issuing or denying judge, and 
in any event shall be kept for ten years. 
(3) Any violation of the provisions of this subsection may 
be punished as contempt of the issuing or denying judge. 
(4) Within a reasonable time but not later than ninety 
days after the filing of an application for an order of approval 
under section 1498(7)(b) which is denied or the termination of 
the period of an order or extensions thereof, the issuing or de-
nying judge shall cause to be served, on the persons named in 
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the order or the application, and such other parties to inter-
cepted communications as the judge may determine in his dis-
cretion that is in the interest of justice, an inventory which 
shall include notice of— 
(A) the fact of the entry of the order or the applica-
tion; 
(B) the date of the entry and the period of authorized, 
approved or disapproved interception, or the denial of the 
application; and 
(C) the fact that during the period wire, oral, or elec-
tronic communications were or were not intercepted. 
The judge, upon the filing of a motion, may in his discre-
tion make available to such person or his counsel for in-
spection such portions of the intercepted communications, 
applications and orders as the judge determines to be in 
the interest of justice. On an ex parte showing of good 
cause to a judge of competent jurisdiction the serving of 
the inventory required by this subsection may be postponed. 
(i) EXCLUSION AS EVIDENCE.—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 accom-
panying application, under which the interception was author-
ized 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. 
(j) MOVE TO SUPPRESS.—(1) Any aggrieved person in any 
trial, hearing, or proceeding in or before any court, department, 
officer, agency, regulatory body, or other authority of the 
United States, a State, or a political subdivision thereof, may 
move to suppress the contents of any wire or oral communica-
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tion intercepted pursuant to this chapter, or evidence derived 
therefrom, on the grounds that— 
(A) the communication was unlawfully intercepted; 
(B) the order of authorization or approval under which 
it was intercepted is insufficient on its face; or 
(C) the interception was not made in conformity with 
the order of authorization or approval. 
Such motion shall be made before the trial, hearing, or pro-
ceeding unless there was no opportunity to make such mo-
tion or the person was not aware of the grounds of the mo-
tion. If the motion is granted, the contents of the inter-
cepted wire or oral communication, or evidence derived 
therefrom, shall be treated as having been obtained in vio-
lation 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 inspec-
tion such portions of the intercepted communication or evi-
dence derived therefrom as the judge determines to be in 
the interests of justice. 
(2) 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 (1), 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. 
(3) The remedies and sanctions described in this chapter 
with respect to the interception of electronic communications 
are the only judicial remedies and sanctions for nonconstitu-
tional violations of this chapter involving such communications. 
(k) EXCEPTION
TO SPECIFICATION
OF FACILITY RE-
QUIREMENTS.—The requirements of subsections (a)(2)(B) and 
(c)(4) relating to the specification of the facilities from which, 
or the place where, the communication is to be intercepted do 
not apply if— 
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(1) in the case of an application with respect to the 
interception of an oral communication— 
(A) the application is by a Federal investigative or 
law enforcement officer and is approved by the Attor-
ney General, the Deputy Attorney General, the Asso-
ciate Attorney General, an Assistant Attorney General, 
or an acting Assistant Attorney General; 
(B) the application contains a full and complete 
statement as to why such specification is not practical 
and identifies the person committing the offense and 
whose communications are to be intercepted; and 
(C) the judge finds that such specification is not 
practical; and 
(2) in the case of an application with respect to a wire 
or electronic communication— 
(A) the application is by a Federal investigative or 
law enforcement officer and is approved by the Attor-
ney General, the Deputy Attorney General, the Asso-
ciate Attorney General, an Assistant Attorney General, 
or an acting Assistant Attorney General; 
(B) the application identifies the person believed 
to be committing the offense and whose communica-
tions are to be intercepted and the applicant makes a 
showing that there is probable cause to believe that the 
person’s actions could have the effect of thwarting 
interception from a specified facility; 
(C) the judge finds that such showing has been 
adequately made; and 
(D) the order authorizing or approving the inter-
ception is limited to interception only for such time as 
it is reasonable to presume that the person identified 
in the application is or was reasonably proximate to the 
instrument through which such communication will be 
or was transmitted. 
(l) BEGINNING OF CERTAIN INTERCEPTIONS.—An inter-
ception of a communication under an order with respect to 
which the requirements of subsections (a)(2)(B) and (c)(4) of 
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this section do not apply by reason of subsection (k)(1) shall 
not begin until the place where the communication is to be 
intercepted is ascertained by the person implementing the inter-
ception order. A provider of wire or electronic communications 
service that has received an order as provided for in subsection 
(k)(2) may move the court to modify or quash the order on the 
ground that its assistance with respect to the interception can-
not be performed in a timely or reasonable fashion. The court, 
upon notice to the government, shall decide such a motion ex-
peditiously. 
§ 1499. Reports concerning intercepted wire, oral, 
or electronic communications 
(a) 30 DAYS AFTER EXPIRATION OF ORDER.—Within 30 
days after the expiration of an order (or each extension there-
of) entered under section 1498, or the denial of an order ap-
proving an interception, the issuing or denying judge shall re-
port to the Administrative Office of the United States Courts— 
(1) the fact that an order or extension was applied for; 
(2) the kind of order or extension applied for (includ-
ing whether or not the order was an order with respect to 
which the requirements of sections 1498(1)(b)(ii) and 
1498(3)(d) of this title did not apply by reason of section 
1498(3)(d) of this title); 
(3) the fact that the order or extension was granted 
as applied for, was modified, or was denied; 
(4) the period of interceptions authorized by the order, 
and the number and duration of any extensions of the 
order; 
(5) the offense specified in the order or application, or 
extension of an order; 
(6) the identity of the applying investigative or law en-
forcement officer and agency making the application and 
the person authorizing the application; and 
(7) the nature of the facilities from which or the place 
where communications were to be intercepted. 
(b) ANNUAL JUSTICE DEPARTMENT REPORT.—In Janu-
ary of each year the Attorney General, an Assistant Attorney 
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General specially designated by the Attorney General, or the 
principal prosecuting attorney of a State, or the principal pros-
ecuting attorney for any political subdivision of a State, shall 
report to the Administrative Office of the United States 
Courts— 
(1) the information required by paragraphs (a) 
through (g) of subsection (1) of this section with respect 
to each application for an order or extension made during 
the preceding calendar year; 
(2) a general description of the interceptions made 
under such order or extension, including (i) the approxi-
mate nature and frequency of incriminating communica-
tions intercepted, (ii) the approximate nature and fre-
quency of other communications intercepted, (iii) the ap-
proximate number of persons whose communications were 
intercepted, (iv) the number of orders in which encryption 
was encountered and whether such encryption prevented 
law enforcement from obtaining the plain text of commu-
nications intercepted pursuant to such order, and (v) the 
approximate nature, amount, and cost of the manpower 
and other resources used in the interceptions; 
(3) the number of arrests resulting from interceptions 
made under such order or extension, and the offenses for 
which arrests were made; 
(4) the number of trials resulting from such intercep-
tions; 
(5) the number of motions to suppress made with re-
spect to such interceptions, and the number granted or de-
nied; 
(6) the number of convictions resulting from such 
interceptions and the offenses for which the convictions 
were obtained and a general assessment of the importance 
of the interceptions; and 
(7) the information required by paragraphs (b) 
through (f) of this subsection with respect to orders or ex-
tensions obtained in a preceding calendar year. 
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(c) REPORT TO CONGRESS.—In April of each year the Di-
rector of the Administrative Office of the United States Courts 
shall transmit to the Congress a full and complete report con-
cerning the number of applications for orders authorizing or 
approving the interception of wire, oral, or electronic commu-
nications pursuant to this subchapter and the number of orders 
and extensions granted or denied pursuant to this chapter dur-
ing 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 (a) and (b) 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 sub-
sections (a) and (b). 
§ 1500. Recovery of civil damages authorized 
(a) IN
GENERAL.—Except as provided in section 
1492(2)(a)(ii), any person whose wire, oral, or electronic com-
munication is intercepted, disclosed, or intentionally used in 
violation of this chapter may in a civil action recover from the 
person or entity, other than the United States, which engaged 
in that violation such relief as may be appropriate. 
(b) RELIEF.—In an action under this section, appropriate 
relief includes— 
(1) such preliminary and other equitable or declara-
tory relief as may be appropriate; 
(2) damages under subsection (c) and punitive dam-
ages in appropriate cases; and 
(3) a reasonable attorney’s fee and other litigation 
costs reasonably incurred. 
(c) COMPUTATION OF DAMAGES.—(1) In an action under 
this section, if the conduct in violation of this chapter is the 
private viewing of a private satellite video communication that 
is not scrambled or encrypted or if the communication is a 
radio communication that is transmitted on frequencies allo-
cated 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 pur-
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pose or for purposes of direct or indirect commercial advantage 
or private commercial gain, then the court shall assess damages 
as follows: 
(A) If the person who engaged in that conduct has not 
previously been enjoined under section 1492, 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 dam-
ages 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 dam-
ages 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 1498(7) of this title; or 
(3) a good faith determination that section 1492(3) or 
2511(2)(i) of this title permitted the conduct complained 
of; 
is a complete defense against any civil or criminal action 
brought under this chapter or any other law. 
(e) LIMITATION.—A civil action under this section may 
not be commenced later than two years after the date upon 
which the claimant first has a reasonable opportunity to dis-
cover the violation. 
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(f) ADMINISTRATIVE DISCIPLINE.—If a court or appro-
priate department or agency determines that the United States 
or any of its departments or agencies has violated any provision 
of this chapter, and the court or appropriate department or 
agency finds that the circumstances surrounding the violation 
raise serious questions about whether or not an officer or em-
ployee of the United States acted willfully or intentionally with 
respect to the violation, the department or agency shall, upon 
receipt of a true and correct copy of the decision and findings 
of the court or appropriate department or agency promptly ini-
tiate a proceeding to determine whether disciplinary action 
against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector Gen-
eral with jurisdiction over the department or agency concerned 
and shall provide the Inspector General with the reasons for 
such determination. 
(g) IMPROPER DISCLOSURE IS VIOLATION.—Any willful 
disclosure or use by an investigative or law enforcement officer 
or governmental entity of information beyond the extent per-
mitted by section 2517 is a violation of this chapter for pur-
poses of section 2520(a). 
§ 1501. 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 ini-
tiate a civil action in a district court of the United States to 
enjoin such violation. The court shall proceed as soon as prac-
ticable to the hearing and determination of such an action, and 
may, at any time before final determination, enter such a re-
straining 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 sec-
tion is governed by the Federal Rules of Civil Procedure, except 
that, if an indictment has been returned against the respond-
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ent, discovery is governed by the Federal Rules of Criminal 
Procedure. 
§ 1502. Enforcement of the Communications As-
sistance for Law Enforcement Act 
(a) ENFORCEMENT
BY COURT ISSUING SURVEILLANCE 
ORDER.—If a court authorizing an interception under this 
chapter, a State statute, or the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) or authorizing use 
of a pen register or a trap and trace device under chapter 206 
or a State statute finds that a telecommunications carrier has 
failed to comply with the requirements of the Communications 
Assistance for Law Enforcement Act, the court may, in accord-
ance with section 108 of such Act, direct that the carrier com-
ply forthwith and may direct that a provider of support services 
to the carrier or the manufacturer of the carrier’s transmission 
or switching equipment furnish forthwith modifications nec-
essary for the carrier to comply. 
(b) ENFORCEMENT UPON APPLICATION
BY ATTORNEY 
GENERAL.—The Attorney General may, in a civil action in the 
appropriate United States district court, obtain an order, in ac-
cordance with section 108 of the Communications Assistance 
for Law Enforcement Act, directing that a telecommunications 
carrier, a manufacturer of telecommunications transmission or 
switching equipment, or a provider of telecommunications sup-
port services comply with such Act. 
(c) CIVIL PENALTY.— 
(1) IN GENERAL.—A court issuing an order under this 
section against a telecommunications carrier, a manufac-
turer of telecommunications transmission or switching 
equipment, or a provider of telecommunications support 
services may impose a civil penalty of up to $10,000 per 
day for each day in violation after the issuance of the order 
or after such future date as the court may specify. 
(2) CONSIDERATIONS.—In determining whether to im-
pose a civil penalty and in determining its amount, the 
court shall take into account— 
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(A) the nature, circumstances, and extent of the 
violation; 
(B) the violator’s ability to pay, the violator’s good 
faith efforts to comply in a timely manner, any effect 
on the violator’s ability to continue to do business, the 
degree of culpability, and the length of any delay in un-
dertaking efforts to comply; and 
(C) such other matters as justice may require. 
(d) DEFINITIONS.—As used in this section, the terms de-
fined in section 102 of the Communications Assistance for Law 
Enforcement Act have the meanings provided, respectively, in 
such section. 
SUBCHAPTER C—STORED WIRE AND ELECTRONIC 
COMMUNICATIONS 
AND 
TRANSACTIONAL 
RECORDS ACCESS 
Sec. 
1521.
Unlawful access to stored communications. 
1522.
Voluntary disclosure of customer communications or records. 
1523.
Required disclosure of customer communications or records. 
1524.
Backup preservation. 
1525.
Delayed notice. 
1526.
Cost reimbursement. 
1527.
Civil action. 
1528.
Exclusivity of remedies. 
1529.
Counterintelligence access to telephone toll and transactional 
records. 
1530.
Wrongful disclosure of video tape rental or sale records. 
1531.
Definitions for subchapter. 
1532.
Civil actions against the United States. 
§1521. Unlawful access to stored communications 
(a) OFFENSE.—Except as provided in subsection (c) of 
this section whoever— 
(1) intentionally accesses without authorization a facil-
ity 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 stor-
age in such system shall be punished as provided in subsection 
(b) of this section. 
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(b) PUNISHMENT.—The punishment for an offense under 
subsection (a) of this section is— 
(1) if the offense is committed for purposes of com-
mercial advantage, malicious destruction or damage, or pri-
vate commercial gain, or in furtherance of any criminal or 
tortious act in violation of the Constitution or laws of the 
United States or any State— 
(A) a fine under this title or imprisonment for not 
more than 5 years, or both, in the case of a first of-
fense under this subparagraph; and 
(B) a fine under this title or imprisonment for not 
more than 10 years, or both, for any subsequent of-
fense under this subparagraph; and 
(2) in any other case— 
(A) a fine under this title or imprisonment 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 imprisonment for not 
more than 5 years, or both, in the case of an offense 
under this subparagraph that occurs after a conviction 
of another offense under this section. 
(c) EXCEPTIONS.—Subsection (a) of this section does not 
apply with respect to conduct authorized— 
(1) by the person or entity providing a wire or elec-
tronic communications service; 
(2) by a user of that service with respect to a commu-
nication of or intended for that user; or 
(3) in section 1523, 1524, or 1498 of this title. 
§ 1522. Voluntary disclosure of customer commu-
nications or records 
(a) PROHIBITIONS.—Except as provided in subsection 
(b)— 
(1) a person or entity providing an electronic commu-
nication 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 
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(2) a person or entity providing remote computing 
service to the public shall not knowingly divulge to any per-
son or entity the contents of any communication which is 
carried or maintained on that service— 
(A) on behalf of, and received by means of elec-
tronic transmission from (or created by means of com-
puter processing of communications received by means 
of electronic transmission from), a subscriber or cus-
tomer of such service; 
(B) solely for the purpose of providing storage or 
computer processing services to such subscriber or cus-
tomer, 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; and 
(3) a provider of remote computing service or elec-
tronic communication service to the public shall not know-
ingly divulge a record or other information pertaining to a 
subscriber to or customer of such service (not including the 
contents of communications covered by paragraph (1) or 
(2)) to any governmental entity. 
(b) EXCEPTIONS
FOR
DISCLOSURE
OF
COMMUNICA-
TIONS.—A provider described in subsection (a) may divulge the 
contents of a communication— 
(1) to an addressee or intended recipient of such com-
munication or an agent of such addressee or intended re-
cipient; 
(2) as otherwise authorized in section 1497, 1492, or 
1523 of this title; 
(3) with the lawful consent of the originator or an ad-
dressee or intended recipient of such communication, or the 
subscriber in the case of remote computing service; 
(4) to a person employed or authorized or whose facili-
ties are used to forward such communication to its destina-
tion; 
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(5) as may be necessarily incident to the rendition of 
the service or to the protection of the rights or property of 
the provider of that service; 
(6) to the National Center for Missing and Exploited 
Children, in connection with a report submitted thereto 
under section 227 of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13032); 
(7) to a law enforcement agency if the contents— 
(A) were inadvertently obtained by the service pro-
vider; and 
(B) appear to pertain to the commission of a 
crime; 
(8) to a Federal, State, or local governmental entity, 
if the provider, in good faith, believes that an emergency 
involving danger of death or serious physical injury to any 
person requires disclosure without delay of communications 
relating to the emergency. 
(c) 
EXCEPTIONS
FOR
DISCLOSURE
OF
CUSTOMER 
RECORDS.—A provider described in subsection (a) may divulge 
a record or other information pertaining to a subscriber to or 
customer of such service (not including the contents of commu-
nications covered by subsection (a)(1) or (a)(2))— 
(1) as otherwise authorized in section 1523; 
(2) with the lawful consent of the customer or sub-
scriber; 
(3) as may be necessarily incident to the rendition of 
the service or to the protection of the rights or property of 
the provider of that service; 
(4) to a governmental entity, if the provider reason-
ably believes that an emergency involving immediate danger 
of death or serious physical injury to any person justifies 
disclosure of the information; 
(5) to the National Center for Missing and Exploited 
Children, in connection with a report submitted thereto 
under section 227 of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13032); or 
(6) to any person other than a governmental entity. 
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§ 1523. Required disclosure of customer commu-
nications or records 
(a) CONTENTS OF WIRE OR ELECTRONIC COMMUNICA-
TIONS IN ELECTRONIC STORAGE.—A governmental entity may 
require the disclosure by a provider of electronic communication 
service of the contents of a wire or 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 using the procedures described in the Fed-
eral Rules of Criminal Procedure by a court with jurisdiction 
over the offense under investigation or equivalent State war-
rant. A governmental entity may require the disclosure by a 
provider of electronic communications services of the contents 
of a wire or electronic communication that has been in elec-
tronic 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 WIRE OR ELECTRONIC COMMUNICA-
TIONS IN A REMOTE COMPUTING SERVICE.—(1) A govern-
mental entity may require a provider of remote computing serv-
ice to disclose the contents of any wire or electronic commu-
nication to which this paragraph is made applicable by para-
graph (2) of this subsection— 
(A) without required notice to the subscriber or cus-
tomer, if the governmental entity obtains a warrant issued 
using the procedures described in the Federal Rules of 
Criminal Procedure by a court with jurisdiction over the of-
fense under investigation 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 
or trial subpoena; or 
(ii) obtains a court order for such disclosure under 
subsection (d) of this section; 
except that delayed notice may be given pursuant to section 
1525 of this title. 
VerDate Aug 31 2005 
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