584 
(A) means a person who accesses a protected com-
puter without authorization and thus has no reasonable 
expectation of privacy in any communication trans-
mitted to, through, or from the protected computer; 
and 
(B) does not include a person known by the owner 
or operator of the protected computer to have an exist-
ing contractual relationship with the owner or operator 
of the protected computer for access to all or part of 
the protected computer. 
§ 1492. Interception and disclosure of wire, oral, 
or electronic communications prohibited 
(a) OFFENSE.—Except as otherwise specifically provided 
in this subchapter any person who— 
(1) intentionally intercepts, endeavors to intercept, or 
procures any other person to intercept or endeavor to inter-
cept, any wire, oral, or electronic communication; 
(2) 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 commu-
nication when— 
(A) such device is affixed to, or otherwise trans-
mits a signal through, a wire, cable, or other like con-
nection used in wire communication; or 
(B) such device transmits communications by 
radio, or interferes with the transmission of such com-
munication; or 
(C) 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 
(D) 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 pur-
pose of obtaining information relating to the operations 
of any business or other commercial establishment the 
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585 
operations of which affect interstate or foreign com-
merce; or 
(E) such person acts in the District of Columbia, 
the Commonwealth of Puerto Rico, or any territory or 
possession of the United States; 
(3) intentionally discloses, or endeavors to disclose, to 
any other person the contents of any wire, oral, or elec-
tronic 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) intentionally uses, or endeavors to use, the con-
tents of any wire, oral, or electronic communication, know-
ing or having reason to know that the information was ob-
tained through the interception of a wire, oral, or electronic 
communication in violation of this subsection; or 
(5)(A) intentionally discloses, or endeavors to disclose, 
to any other person the contents of any wire, oral, or elec-
tronic communication, intercepted by means authorized by 
sections 1497(2)(A)(ii), 1497(2)(b)–(c), 1492(2)(e), 1496, 
and 1498 of this subchapter; 
(B) knowing or having reason to know that the infor-
mation was obtained through the interception of such a 
communication in connection with a criminal investigation; 
(C) having obtained or received the information in 
connection with a criminal investigation; and 
(D) with intent to improperly obstruct, impede, or 
interfere with a duly authorized criminal investigation, 
shall be punished as provided in subsection (d) or shall be sub-
ject to suit as provided in subsection (5). 
(b) EXCLUSIONS.—(1)(A) It shall not be unlawful under 
this subchapter for an operator of a switchboard, or an officer, 
employee, or agent of a provider of wire or electronic commu-
nication service, whose facilities are used in the transmission of 
a wire or electronic communication, to intercept, disclose, or 
use that communication in the normal course of his employ-
ment while engaged in any activity which is a necessary inci-
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586 
dent 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 me-
chanical or service quality control checks. 
(B) 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 per-
sons 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, land-
lord, custodian, or other specified person, has been provided 
with— 
(i) a court order directing such assistance signed by the 
authorizing judge, or 
(ii) a certification in writing by a person specified in sec-
tion 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 speci-
fied 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 serv-
ice, 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 
subchapter, except as may otherwise be required by legal proc-
ess and then only after prior notification to the Attorney Gen-
eral 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 
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lie in any court against any provider of wire or electronic com-
munication service, its officers, employees, or agents, landlord, 
custodian, or other specified person for providing information, 
facilities, or assistance in accordance with the terms of a court 
order, statutory authorization, or certification under this sub-
chapter. 
(2) It shall not be unlawful under this subchapter 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 commu-
nication, or oral communication transmitted by radio, or to dis-
close or use the information thereby obtained. 
(3) It shall not be unlawful under this subchapter for a 
person acting under color of law to intercept a wire, oral, or 
electronic communication, where such person is a party to the 
communication or one of the parties to the communication has 
given prior consent to such interception. 
(4) It shall not be unlawful under this subchapter for a 
person not acting under color of law to intercept a wire, oral, 
or electronic communication where such person is a party to 
the communication or where one of the parties to the commu-
nication has given prior consent to such interception unless 
such communication is intercepted for the purpose of commit-
ting any criminal or tortious act in violation of the Constitution 
or laws of the United States or of any State. 
(5) 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 elec-
tronic surveillance, as defined in section 101 of the Foreign In-
telligence Surveillance Act of 1978, as authorized by that Act. 
(6) Nothing contained in this subchapter or subchapter C 
if chapter 37, 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 
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international or foreign communications, or foreign intelligence 
activities conducted in accordance with otherwise applicable 
Federal law involving a foreign electronic communications sys-
tem, utilizing a means other than electronic surveillance as de-
fined in section 101 of the Foreign Intelligence Surveillance 
Act of 1978, and procedures in this subchapter or subchapter 
C if chapter 37 and the Foreign Intelligence Surveillance Act 
of 1978 shall be the exclusive means by which electronic sur-
veillance, as defined in section 101 of such Act, and the inter-
ception of domestic wire, oral, and electronic communications 
may be conducted. 
(7) It shall not be unlawful under this subchapter or sub-
chapter C if chapter 37 for any person— 
(A) to intercept or access an electronic communication 
made through an electronic communication system that is 
configured so that such electronic communication is readily 
accessible to the general public; 
(B) 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 commu-
nications system, including police and fire, readily ac-
cessible to the general public; 
(iii) by a station operating on an authorized fre-
quency within the bands allocated to the amateur, citi-
zens band, or general mobile radio services; or 
(iv) by any marine or aeronautical communications 
system; 
(C) to engage in any conduct which— 
(i) is prohibited by section 633 of the Communica-
tions 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; 
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