589 
(iii) of the Communications Act of 1934 by section 
705(b) of that Act; 
(iv) to intercept any wire or electronic communication 
the transmission of which is causing harmful interference 
to any lawfully operating station or consumer electronic 
equipment, to the extent necessary to identify the source of 
such interference; or 
(v) for other users of the same frequency to intercept 
any radio communication made through a system that uti-
lizes frequencies monitored by individuals 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) of 
this title); 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 pro-
vider, another provider furnishing service toward the com-
pletion of the wire or electronic 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 or elec-
tronic 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 computer trespasser’s 
communications on the protected computer; 
(B) the person acting under color of law is lawfully en-
gaged in an investigation; 
(C) the person acting under color of law has reason-
able grounds to believe that the contents of the computer 
trespasser’s communications will be relevant to the inves-
tigation; and 
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(D) such interception does not acquire communica-
tions other than those transmitted to or from the computer 
trespasser. 
(c) CONTENTS IN TRANSMISSION.—(1) Except as provided 
in paragraph (b) of this subsection, a person or entity pro-
viding an electronic communication service to the public shall 
not intentionally divulge the contents of any communication 
(other than one to such person or entity, or an agent thereof) 
while in transmission on that service to any person or entity 
other than an addressee or intended recipient of such commu-
nication or an agent of such addressee or intended recipient. 
(2) A person or entity providing electronic communication 
service to the public may divulge the contents of any such com-
munication— 
(A) as otherwise authorized in section 2511(2)(a) or 
2517 of this title; 
(B) with the lawful consent of the originator or any 
addressee or intended recipient of such communication; 
(C) to a person employed or authorized, or whose fa-
cilities are used, to forward such communication to its des-
tination; 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 paragraph 
(b) of this subsection or in subsection (5), whoever violates sub-
section (1) of this section shall be imprisoned not more than 
five years. 
(2) Conduct otherwise an offense under this subsection 
that consists of or relates to the interception of a satellite 
transmission that is not encrypted or scrambled and that is 
transmitted— 
(A) to a broadcasting station for purposes of retrans-
mission to the general public; or 
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(B) as an audio subcarrier intended for redistribution 
to facilities open to the public, but not including data 
transmissions or telephone calls, 
is not an offense under this subsection unless the conduct is 
for the purposes of direct or indirect commercial advantage or 
private financial gain. 
(e) CERTAIN COMMUNICATIONS.—(1)(A) If the commu-
nication 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 com-
munication and is not for a tortious or illegal purpose 
or for purposes of direct or indirect commercial advan-
tage 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 Commission that 
is not scrambled or encrypted and the conduct in viola-
tion of this subchapter is not for a tortious or illegal 
purpose or for purposes of direct or indirect commercial 
advantage or private commercial gain, 
then the person who engages in such conduct shall be subject 
to suit by the Federal Government in a court of competent ju-
risdiction. 
(B) In an action under this subsection— 
(i) if the violation of this subchapter is a first offense for 
the person under paragraph (a) of subsection (4) and such per-
son has not been found liable in a civil action under section 
2520 of this title, the Federal Government shall be entitled to 
appropriate injunctive relief; and 
(ii) if the violation of this subchapter is a second or subse-
quent offense under paragraph (a) of subsection (4) or such 
person has been found liable in any prior civil action under sec-
tion 2520, the person shall be subject to a mandatory $500 
civil fine. 
(2) The court may use any means within its authority to 
enforce an injunction issued under paragraph (ii)(A), and shall 
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impose a civil fine of not less than $500 for each violation of 
such an injunction. 
§ 1493. Manufacture, distribution, possession, and 
advertising of wire, oral, or electronic 
communication intercepting devices pro-
hibited 
(a) OFFENSE.—Except as otherwise specifically provided 
in this subchapter, any person who intentionally— 
(1) sends through the mail, or sends or carries in 
interstate or foreign commerce, any electronic, mechanical, 
or other device, knowing or having reason to know that the 
design of such device renders it primarily useful for the 
purpose of the surreptitious interception of wire, oral, or 
electronic communications; 
(2) manufactures, assembles, possesses, or sells any 
electronic, mechanical, or other device, knowing or having 
reason to know that the design of such device renders it 
primarily useful for the purpose of the surreptitious inter-
ception of wire, oral, or electronic communications, and 
that such device or any component thereof has been or will 
be sent through the mail or transported in interstate or 
foreign commerce; or 
(3) places in any newspaper, magazine, handbill, or 
other publication or disseminates by electronic means any 
advertisement of— 
(A) any electronic, mechanical, or other device 
knowing or having reason to know that the design of 
such device renders it primarily useful for the purpose 
of the surreptitious interception of wire, oral, or elec-
tronic communications; or 
(B) any other electronic, mechanical, or other de-
vice, where such advertisement promotes the use of 
such device for the purpose of the surreptitious inter-
ception of wire, oral, or electronic communications, 
knowing the content of the advertisement and knowing or 
having reason to know that such advertisement will be sent 
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