579 
(2) the term ‘‘broadcast’’ means to electronically 
transmit a visual image with the intent that it be viewed 
by a person or persons; 
(3) the term ‘‘a private area of the individual’’ means 
the naked or undergarment clad genitals, pubic area, but-
tocks, or female breast of that individual; 
(4) the term ‘‘female breast’’ means any portion of the 
female breast below the top of the areola; and 
(5) the term ‘‘under circumstances in which that indi-
vidual has a reasonable expectation of privacy’’ means— 
(A) circumstances in which a reasonable person 
would believe that he or she could disrobe in privacy, 
without being concerned that an image of a private 
area of the individual was being captured; or 
(B) circumstances in which a reasonable person 
would believe that a private area of the individual 
would not be visible to the public, regardless 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 activity. 
SUBCHAPTER B—WIRE AND ELECTRONIC COMMU-
NICATIONS INTERCEPTION AND INTERCEPTION 
OF ORAL COMMUNICATIONS 
Sec. 
1491.
Definitions. 
1492.
Interception and disclosure of wire, oral, or electronic communica-
tions prohibited. 
1493.
Manufacture, distribution, possession, and advertising of wire, 
oral, or electronic communication intercepting devices prohibited. 
1494.
Confiscation of wire, oral, or electronic communication inter-
cepting devices. 
1495.
Prohibition of use as evidence of intercepted wire or oral commu-
nications. 
1496.
Authorization for interception of wire, oral, or electronic commu-
nications. 
1497.
Authorization for disclosure and use of intercepted wire, oral, or 
electronic communications. 
1498.
Procedure for interception of wire, oral, or electronic communica-
tions. 
1499.
Reports concerning intercepted wire, oral, or electronic commu-
nications. 
1500.
Recovery of civil damages authorized. 
1501.
Injunction against illegal interception. 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00579
Fmt 6652
Sfmt 5423
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
580 
1502.
Enforcement of the Communications Assistance for Law Enforce-
ment Act. 
§ 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 facili-
ties for the transmission of communications by the aid of 
wire, cable, or other like connection between the point of 
origin and the point of reception (including the use of such 
connection in a switching station) furnished or operated by 
any person engaged in providing or operating such facilities 
for the transmission of interstate or foreign communica-
tions or communications affecting interstate or foreign 
commerce; 
(2) the term ‘‘oral communication’’ means any oral 
communication uttered by a person exhibiting an expecta-
tion that such communication is not subject 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 ac-
quisition of the contents of any wire, electronic, or oral 
communication through the use of any electronic, mechan-
ical, or other device. 
(4) the term ‘‘electronic, mechanical, or other device’’ 
means any device or apparatus which can be used to inter-
cept a wire, oral, or electronic communication other than— 
(A) any telephone or telegraph instrument, equip-
ment or facility, or any component thereof, (i) fur-
nished to the subscriber or user by a provider of wire 
or electronic communication service in the ordinary 
course of its business 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 ordinary 
course of its business; or (ii) being used by a provider 
of wire or electronic communication service in the ordi-
nary course of its business, or by an investigative or 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00580
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
581 
law enforcement officer in the ordinary course of his 
duties; 
(B) a hearing aid or similar device being used to 
correct subnormal hearing to not better than normal; 
(7) the term ‘‘Investigative or law enforcement officer’’ 
means any officer of the United States or of a State or po-
litical subdivision thereof, who is empowered by law to con-
duct investigations of or to make arrests for offenses enu-
merated in this chapter, and any attorney authorized by 
law to prosecute or participate in the prosecution of such 
offenses; 
(8) the term ‘‘contents’’, when used with respect to 
any wire, oral, or electronic communication, includes any 
information concerning the substance, purport, or meaning 
of that communication; 
(9) the term ‘‘Judge of competent jurisdiction’’ 
means— 
(A) a judge of a United States district court or a 
United States court of appeals; and 
(B) a judge of any court of general criminal juris-
diction of a State who is authorized by a statute of that 
State to enter orders authorizing interceptions of wire, 
oral, or electronic communications; 
(10) the term ‘‘communication common carrier’’ has 
the meaning given that term in section 3 of the Commu-
nications Act of 1934; 
(11) the term ‘‘aggrieved person’’ means a person who 
was a party to any intercepted wire, oral, or electronic com-
munication or a person against whom the interception was 
directed; 
(12) the term ‘‘electronic communication’’ means any 
transfer of signs, signals, writing, images, sounds, data, or 
intelligence of any nature transmitted in whole or in part 
by a wire, radio, electromagnetic, photoelectronic or 
photooptical system that affects interstate or foreign com-
merce, but does not include— 
(A) any wire or oral communication; 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00581
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
582 
(B) any communication made through a tone-only 
paging device; 
(C) any communication from a tracking device (as 
defined in section 3117 of this title); or 
(D) electronic funds transfer information stored by 
a financial institution in a communications system used 
for the electronic storage and transfer of funds; 
(13) the term ‘‘user’’ means any person or entity 
who— 
(A) uses an electronic communication service; and 
(B) is duly authorized by the provider of such 
service to engage in such use; 
(14) the term ‘‘electronic communications system’’ 
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 communications; 
(15) the term ‘‘electronic communication service’’ 
means any service which provides to users thereof the abil-
ity to send or receive wire or electronic communications; 
(16) the term ‘‘readily accessible to the general pub-
lic’’ means, with respect to a radio communication, that 
such communication is not— 
(A) scrambled or encrypted; 
(B) transmitted using modulation techniques 
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 signal sub-
sidiary to a radio transmission; 
(D) transmitted over a communication system pro-
vided 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 Communications Commission, 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00582
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS
583 
unless, in the case of a communication transmitted on 
a frequency allocated under part 74 that is not exclu-
sively allocated to broadcast auxiliary services, the com-
munication is a two-way voice communication by radio; 
(17) 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 elec-
tronic communication service for purposes of backup 
protection of such communication; 
(18) the term ‘‘aural transfer’’ means a transfer con-
taining the human voice at any point between and includ-
ing the point of origin and the point of reception; 
(19) the term ‘‘foreign intelligence information’’, for 
purposes of section 1497(6), means— 
(A) information, whether or not concerning 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 for-
eign power; 
(ii) sabotage or international terrorism by a 
foreign power or an agent of a foreign power; or 
(iii) clandestine intelligence activities by an in-
telligence service or network of a foreign power or 
by an agent of a foreign power; or 
(B) information, whether or not concerning a 
United States person, with respect to a foreign power 
or foreign territory that relates to— 
(i) the national defense or the security of the 
United States; or 
(ii) the conduct of the foreign affairs of the 
United States; 
(20) the term ‘‘protected computer’’ has the meaning 
set forth in section 1030; and 
(21) the term ‘‘computer trespasser’’— 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
Jkt 059200
PO 00000
Frm 00583
Fmt 6652
Sfmt 5422
E:\BILLS\H6253.IH
H6253
sroberts on PROD1PC70 with BILLS