1041 
‘‘(B) circumstances in which a reasonable 
person would believe that a private area of the 
individual would not be visible to the public, re-
gardless of whether that person is in a public 
or private place. 
‘‘(c) EXCLUSION.—This section does not prohibit any 
lawful law enforcement, correctional, or intelligence activ-
ity. 
‘‘SUBCHAPTER 
B—WIRE 
AND 
ELECTRONIC 
COMMUNICATIONS 
INTERCEPTION 
AND 
INTERCEPTION OF ORAL COMMUNICATIONS 
‘‘1491. Definitions. 
‘‘1492. Interception and disclosure of wire, oral, or electronic communications 
prohibited. 
‘‘1493. Manufacture, distribution, possession, and advertising of wire, oral, or 
electronic communication intercepting devices prohibited. 
‘‘1494. Confiscation of wire, oral, or electronic communication intercepting de-
vices. 
‘‘§ 1491. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘wire communication’ means any 
aural transfer made in whole or in part through the 
use of facilities for the transmission of communica-
tions by the aid of wire, cable, or other like connec-
tion between the point of origin and the point of re-
ception (including the use of such connection in a 
switching station) furnished or operated by any per-
son engaged in providing or operating such facilities 
for the transmission of interstate or foreign commu-
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PWALKER on DSK7TPTVN1PROD with BILLS
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nications or communications affecting interstate or 
foreign commerce; 
‘‘(2) the term ‘oral communication’ means any 
oral communication uttered by a person exhibiting 
an expectation that such communication is not sub-
ject to interception under circumstances justifying 
such expectation, but such term does not include any 
electronic communication; 
‘‘(3) the term ‘intercept’ means the aural or 
other acquisition of the contents of any wire, elec-
tronic, or oral communication through the use of 
any electronic, mechanical, or other device; 
‘‘(4) the term ‘electronic, mechanical, or other 
device’ means any device or apparatus which can be 
used to intercept a wire, oral, or electronic commu-
nication other than— 
‘‘(A) any telephone or telegraph instru-
ment, equipment or facility, or any component 
thereof, (i) furnished to the subscriber or user 
by a provider of wire or electronic communica-
tion service in the ordinary course of its busi-
ness and being used by the subscriber or user 
in the ordinary course of its business or fur-
nished by such subscriber or user for connection 
to the facilities of such service and used in the 
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ordinary course of its business; or (ii) being 
used by a provider of wire or electronic commu-
nication service in the ordinary course of its 
business, or by an investigative or law enforce-
ment officer in the ordinary course of his du-
ties; 
‘‘(B) a hearing aid or similar device being 
used to correct subnormal hearing to not better 
than normal; 
‘‘(5) the term ‘Investigative or law enforcement 
officer’ means any officer of the United States or of 
a State or political subdivision thereof, who is em-
powered by law to conduct investigations of or to 
make arrests for offenses enumerated in this chap-
ter, and any attorney authorized by law to prosecute 
or participate in the prosecution of such offenses; 
‘‘(6) the term ‘contents’, when used with re-
spect to any wire, oral, or electronic communication, 
includes any information concerning the substance, 
purport, or meaning of that communication; 
‘‘(7) the term ‘Judge of competent jurisdiction’ 
means— 
‘‘(A) a judge of a United States district 
court or a United States court of appeals; and 
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‘‘(B) a judge of any court of general crimi-
nal jurisdiction of a State who is authorized by 
a statute of that State to enter orders author-
izing interceptions of wire, oral, or electronic 
communications; 
‘‘(8) the term ‘communication common carrier’ 
has the meaning given that term in section 3 of the 
Communications Act of 1934; 
‘‘(9) the term ‘aggrieved person’ means a per-
son who was a party to any intercepted wire, oral, 
or electronic communication or a person against 
whom the interception was directed; 
‘‘(10) the term ‘electronic communication’ 
means any transfer of signs, signals, writing, im-
ages, sounds, data, or intelligence of any nature 
transmitted in whole or in part by a wire, radio, 
electromagnetic, photoelectronic or photooptical sys-
tem that affects interstate or foreign commerce, but 
does not include— 
‘‘(A) any wire or oral communication; 
‘‘(B) any communication made through a 
tone-only paging device; 
‘‘(C) any communication from a tracking 
device (as defined in section 3117); or 
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‘‘(D) electronic funds transfer information 
stored by a financial institution in a commu-
nications system used for the electronic storage 
and transfer of funds; 
‘‘(11) the term ‘user’ means any person or enti-
ty who— 
‘‘(A) uses an electronic communication 
service; and 
‘‘(B) is duly authorized by the provider of 
such service to engage in such use; 
‘‘(12) the term ‘electronic communications sys-
tem’ means any wire, radio, electromagnetic, 
photooptical or photoelectronic facilities for the 
transmission of wire or electronic communications, 
and any computer facilities or related electronic 
equipment for the electronic storage of such commu-
nications; 
‘‘(13) the term ‘electronic communication serv-
ice’ means any service which provides to users there-
of the ability to send or receive wire or electronic 
communications; 
‘‘(14) the term ‘readily accessible to the general 
public’ means, with respect to a radio communica-
tion, that such communication is not— 
‘‘(A) scrambled or encrypted; 
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‘‘(B) transmitted using modulation tech-
niques whose essential parameters have been 
withheld from the public with the intention of 
preserving the privacy of such communication; 
‘‘(C) carried on a subcarrier or other sig-
nal 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 Commu-
nications Commission, unless, in the case of a 
communication transmitted on a frequency allo-
cated under part 74 that is not exclusively allo-
cated to broadcast auxiliary services, the com-
munication is a two-way voice communication 
by radio; 
‘‘(15) the term ‘electronic storage’ means— 
‘‘(A) any temporary, intermediate storage 
of a wire or electronic communication incidental 
to the electronic transmission thereof; and 
‘‘(B) any storage of such communication 
by an electronic communication service for pur-
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PWALKER on DSK7TPTVN1PROD with BILLS
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poses of backup protection of such communica-
tion; 
‘‘(16) the term ‘aural transfer’ means a trans-
fer containing the human voice at any point between 
and including the point of origin and the point of re-
ception; 
‘‘(17) the term ‘foreign intelligence informa-
tion’, for purposes of section 3119B(f), means— 
‘‘(A) information, whether or not con-
cerning a United States person, that relates to 
the ability of the United States to protect 
against— 
‘‘(i) actual or potential attack or other 
grave hostile acts of a foreign power or an 
agent of a foreign power; 
‘‘(ii) sabotage or international ter-
rorism by a foreign power or an agent of 
a foreign power; or 
‘‘(iii) clandestine intelligence activities 
by an intelligence service or network of a 
foreign power or by an agent of a foreign 
power; or 
‘‘(B) information, whether or not con-
cerning a United States person, with respect to 
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PWALKER on DSK7TPTVN1PROD with BILLS
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a foreign power or foreign territory that relates 
to— 
‘‘(i) the national defense or the secu-
rity of the United States; or 
‘‘(ii) the conduct of the foreign affairs 
of the United States; 
‘‘(18) the term ‘protected computer’ has the 
meaning set forth in section 787; and 
‘‘(19) the term ‘computer trespasser’— 
‘‘(A) means a person who accesses a pro-
tected computer without authorization and thus 
has no reasonable expectation of privacy in any 
communication transmitted to, through, or from 
the protected computer; and 
‘‘(B) does not include a person known by 
the owner or operator of the protected computer 
to have an existing contractual relationship with 
the owner or operator of the protected computer 
for access to all or part of the protected com-
puter. 
‘‘§ 1492. Interception and disclosure of wire, oral, or 
electronic communications prohibited 
‘‘(a) OFFENSE.—Except as otherwise specifically pro-
vided in this subchapter whoever— 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(1) intentionally intercepts, endeavors to inter-
cept, or procures any other person to intercept or 
endeavor to intercept, 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 inter-
cept any oral communication when— 
‘‘(A) such device is affixed to, or otherwise 
transmits a signal through, a wire, cable, or 
other like connection used in wire communica-
tion; 
‘‘(B) such device transmits communica-
tions by radio, or interferes with the trans-
mission of such communication; 
‘‘(C) such person knows, or has reason to 
know, that such device or any component there-
of has been sent through the mail or trans-
ported in interstate or foreign commerce; 
‘‘(D) such use or endeavor to use (i) takes 
place on the premises of any business or other 
commercial establishment the operations of 
which affect interstate or foreign commerce; or 
(ii) obtains or is for the purpose of obtaining 
information relating to the operations of any 
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PWALKER on DSK7TPTVN1PROD with BILLS
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business or other commercial establishment the 
operations of which affect interstate or foreign 
commerce; 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 dis-
close, 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) intentionally uses, or endeavors to use, the 
contents of any wire, oral, or electronic communica-
tion, knowing or having reason to know that the in-
formation was obtained through the interception of 
a wire, oral, or electronic communication in violation 
of this subsection; or 
‘‘(5) intentionally discloses, or endeavors to dis-
close, to any other person the contents of any wire, 
oral, or electronic communication, intercepted by 
means 
authorized 
by 
sections 
1492(b)(1)(B), 
1492(b)(2)–(3), 1492(b)(5), 3119A, and 3119C— 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(A) knowing or having reason to know 
that the information was obtained through the 
interception of such a communication in connec-
tion with a criminal investigation; 
‘‘(B) having obtained or received the infor-
mation in connection with a criminal investiga-
tion; and 
‘‘(C) 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 subject to suit as provided in subsection (e). 
‘‘(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 communication service, whose facilities are used 
in the transmission of a wire or electronic communication, 
to intercept, disclose, or use that communication in the 
normal course of his employment while engaged in any ac-
tivity 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 serv-
ice observing or random monitoring except for mechanical 
or service quality control checks. 
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PWALKER on DSK7TPTVN1PROD with BILLS
1052 
‘‘(B) Notwithstanding any other law, providers of 
wire or electronic communication service, their officers, 
employees, and agents, landlords, custodians, or other per-
sons, are authorized to provide information, facilities, or 
technical assistance to persons authorized by law to inter-
cept 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 pro-
vider, its officers, employees, or agents, landlord, custo-
dian, or other specified person, has been provided with— 
‘‘(i) a court order directing such assistance or 
a court order pursuant to section 704 of the Foreign 
Intelligence Surveillance Act of 1978 signed by the 
authorizing judge, or 
‘‘(ii) a certification in writing by a person speci-
fied in section 3119C(g) 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 re-
quired, 
setting forth the period of time during which the provision 
of the information, facilities, or technical assistance is au-
thorized and specifying the information, facilities, or tech-
nical assistance required. No provider of wire or electronic 
communication service, officer, employee, or agent thereof, 
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PWALKER on DSK7TPTVN1PROD with BILLS
1053 
or landlord, custodian, or other specified person shall dis-
close the existence of any interception or surveillance or 
the device used to accomplish the interception or surveil-
lance 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 process and then 
only after prior notification to the Attorney General or to 
the principal prosecuting attorney of a State or any polit-
ical subdivision of a State, as may be appropriate. Any 
such disclosure, shall render such person liable for the civil 
damages provided for in section 3119E. No cause of action 
shall lie in any court against any provider of wire or elec-
tronic communication service, its officers, employees, or 
agents, landlord, custodian, or other specified person for 
providing information, facilities, or assistance in accord-
ance with the terms of a court order, statutory authoriza-
tion, or certification under this subchapter. 
‘‘(C) If a certification under subparagraph (B)(ii) for 
assistance to obtain foreign intelligence information is 
based on statutory authority, the certification shall iden-
tify the specific statutory provision and shall certify that 
the statutory requirements have been met. 
‘‘(2) It shall not be unlawful under this subchapter 
for an officer, employee, or agent of the Federal Commu-
nications Commission, in the normal course of his employ-
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PWALKER on DSK7TPTVN1PROD with BILLS
1054 
ment 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. 
‘‘(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 intercep-
tion. 
‘‘(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 per-
son 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 inter-
cepted 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. 
‘‘(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 
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PWALKER on DSK7TPTVN1PROD with BILLS
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duty to conduct electronic surveillance, as defined in sec-
tion 101 of the Foreign Intelligence Surveillance Act of 
1978, as authorized by that Act. 
‘‘(6) Nothing in this subchapter, subchapter C or 
chapter 205B of this title, or section 705 of the Commu-
nications Act of 1934, affects the acquisition by the 
United States Government of foreign intelligence informa-
tion from international or foreign communications, or for-
eign intelligence activities conducted in accordance with 
otherwise applicable Federal law involving a foreign elec-
tronic communications system, utilizing a means other 
than electronic surveillance as defined in section 101 of 
the Foreign Intelligence Surveillance Act of 1978. The 
procedures in this subchapter, subchapter C or chapter 
205B of this title, or section 705 of the Communications 
Act of 1934, and the Foreign Intelligence Surveillance Act 
of 1978 shall be the exclusive means by which electronic 
surveillance, as defined in section 101 of such Act, and 
the interception of domestic wire, oral, and electronic com-
munications may be conducted. 
‘‘(7) It shall not be unlawful under this subchapter 
or subchapter C for any person— 
‘‘(A) to intercept or access an electronic com-
munication made through an electronic communica-
tion system that is configured so that such electronic 
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PWALKER on DSK7TPTVN1PROD with BILLS
1056 
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 gen-
eral public, or that relates to ships, aircraft, ve-
hicles, or persons in distress; 
‘‘(ii) by any governmental, law enforce-
ment, civil defense, private land mobile, or pub-
lic safety communications system, including po-
lice and fire, readily accessible to the general 
public; 
‘‘(iii) by a station operating on an author-
ized frequency within the bands allocated to the 
amateur, citizens band, or general mobile radio 
services; or 
‘‘(iv) by any marine or aeronautical com-
munications system; 
‘‘(C) 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; 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(D) to intercept any wire or electronic commu-
nication the transmission of which is causing harm-
ful interference to any lawfully operating station or 
consumer electronic equipment, to the extent nec-
essary to identify the source of such interference; or 
‘‘(E) for other users of the same frequency to 
intercept any radio communication made through a 
system that utilizes frequencies monitored by indi-
viduals engaged in the provision or the use of such 
system, if such communication is not scrambled or 
encrypted. 
‘‘(8) It shall not be unlawful under this subchapter— 
‘‘(A) 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)); or 
‘‘(B) 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 elec-
tronic communication, or a user of that service, from 
fraudulent, unlawful or abusive use of such service. 
‘‘(9) It shall not be unlawful under this subchapter 
for a person acting under color of law to intercept the wire 
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PWALKER on DSK7TPTVN1PROD with BILLS
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or electronic communications of a computer trespasser 
transmitted to, through, or from the protected computer, 
if— 
‘‘(A) the owner or operator of the protected 
computer authorizes the interception of the com-
puter trespasser’s communications on the protected 
computer; 
‘‘(B) the person acting under color of law is 
lawfully engaged in an investigation; 
‘‘(C) the person acting under color of law has 
reasonable grounds to believe that the contents of 
the computer trespasser’s communications will be 
relevant to the investigation; and 
‘‘(D) such interception does not acquire com-
munications other than those transmitted to or from 
the computer trespasser. 
‘‘(c) CONTENTS IN TRANSMISSION.—(1) Except as 
provided in paragraph (2) of this subsection, a person or 
entity providing an electronic communication service to 
the public shall not intentionally divulge the contents of 
any communication (other than one to such person or enti-
ty, or an agent thereof) while in transmission on that serv-
ice to any person or entity other than an addressee or in-
tended recipient of such communication or an agent of 
such addressee or intended recipient. 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(2) A person or entity providing electronic commu-
nication service to the public may divulge the contents of 
any such communication— 
‘‘(A) 
as 
otherwise 
authorized 
in 
section 
1492(b)(1) or 3119B; 
‘‘(B) with the lawful consent of the originator 
or any addressee or intended recipient of such com-
munication; 
‘‘(C) to a person employed or authorized, or 
whose facilities are used, to forward such commu-
nication to its destination; or 
‘‘(D) 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. 
‘‘(d) PUNISHMENT.—(1) Except as provided in para-
graph (2) of this subsection or in subsection (e), whoever 
violates subsection (a) of this section shall be imprisoned 
not more than five years. 
‘‘(2) Conduct otherwise an offense under this sub-
section that consists of or relates to the interception of 
a satellite transmission that is not encrypted or scrambled 
and that is transmitted— 
‘‘(A) to a broadcasting station for purposes of 
retransmission to the general public; or 
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‘‘(B) as an audio subcarrier intended for redis-
tribution to facilities open to the public, but not in-
cluding data transmissions or telephone calls, 
is not an offense under this subsection unless the conduct 
is for the purposes of direct or indirect commercial advan-
tage or private financial gain. 
‘‘(e) CERTAIN
COMMUNICATIONS.—(1)(A) If the 
communication is— 
‘‘(i) a private satellite video communication that 
is not scrambled or encrypted and the conduct in 
violation of this subchapter is the private viewing of 
that communication and is not for a tortious or ille-
gal purpose or for purposes of direct or indirect 
commercial advantage or private commercial gain; or 
‘‘(ii) a radio communication that is transmitted 
on frequencies allocated under subpart D of part 74 
of the rules of the Federal Communications Commis-
sion that is not scrambled or encrypted and the con-
duct in violation of this subchapter is not for a 
tortious or illegal purpose or for purposes of direct 
or indirect commercial advantage or private commer-
cial gain, 
then the person who engages in such conduct shall be sub-
ject to suit by the Federal Government in a court of com-
petent jurisdiction. 
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