Electronic Communications Privacy Act of 1986
PL 99-508 (H.R.4952), enacted 10/21/1986

100 STAT. 1848 
PUBLIC LAW 99-508—OCT. 21, 1986 
Public Law 99-508 
99th Congress 
An Act 
Oct. 21, 1986 
[H.R. 4952] 
Electronic 
Communications 
Privacy Act of 
1986. 
18 u s e 2510 
note. 
To amend title 18, United States Code, with respect to the interception of certain 
communications, other forms of surveillance, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Electronic Communications Privacy 
Act of 1986". 
. ^^::. -.^-r- V j.:,M,;,,:-x.i«Jc;-.:.. :.-^> .-..-
TITLE I—INTERCEPTION OF COMMUNICATIONS AND 
RELATED MATTERS 
SEC. 101. FEDERAL PENALTIES FOR THE INTERCEPTION OF COMMUNICA-
TIONS. 
(a) DEFINITIONS.—(1) Section 2510(1) of title 18, United States 
Code, is amended— 
(A) by striking out "any communication" and inserting "any 
aural transfer" in lieu thereof; 
(B) by inserting "(including the use of such connection in a 
switching station)" after "reception". 
(C) by striking out "as a common carrier" and 
(D) by inserting before the semicolon at the end the following: 
"or communications affecting interstate or foreign commerce 
and such term includes any electronic storage of such commu-
nication, but such term does not include the radio portion of a 
cordless telephone communication that is transmitted between 
the cordless telephone handset and the base unit". 
(2) Section 2510(2) of title 18, United States Code, is amended by 
inserting before the semicolon at the end the following: ", but such 
term does not include any electronic communication". 
(3) Section 2510(4) of title 18, United States Code, is amended— 
(A) by inserting "or other" after "aural"; and 
(B) by inserting ", electronic," after "wire". 
(4) Section 2510(5) of title 18, United States Code, is amended in 
clause (aXi) by inserting before the semicolon the following: "or 
furnished by such subscriber or user for connection to the facilities 
of such service and used in the ordinary course of its business". 
(5) Section 2510(8) of title 18, United States Code, is amended by 
striking out "identity of the parties to such communication or the 
existence,". 
(6) Section 2510 of title 18, United States Code, is amended— 
(A) by striking out "and" at the end of paragraph (10); 
(B) by striking out the period at the end of paragraph (11) and 
inserting a semicolon in lieu thereof; and 
(C) by adding at the end the following: 
"(12) 'electronic communication' means any transfer of signs, 
signals, writing, images, sounds, data, or intelligence of any 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1849 
nature transmitted in whole or in part by a wire, radio, electro-
magnetic, photoelectronic or photooptical system that affects 
interstate or foreign commerce, but does not include— 
"(A) the radio portion of a cordless telephone communica-
tion that is transmitted between the cordless telephone 
handset and the base unit; 
"(B) any wire or oral communication; 
"(C) any communication made through a tone-only 
paging device; or 
"(D) any communication from a tracking device (as de-
fined in section 3117 of this title); 
18 use 3117. 
"(13) '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) 'electronic communications system' means any wire, 
radio, electromagnetic, photooptical or photoelectronic facilities 
for the transmission of electronic communications, and any 
computer facilities or related electronic equipment for the elec-
tronic storage of such communications; 
"(15) 'electronic communication service' means any service 
which provides to users thereof the ability to send or receive 
wire or electronic communications; 
4 .'?'' ^ 
"(16) 'readily accessible to the general public' 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 commu-
nication; 
"(C) carried on a subcarrier or other signal 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 Communications Commission, unless, in the case of 
a communication transmitted on a frequency allocated 
under part 74 that is not exclusively allocated to broadcast 
auxiliary services, the communication is a two-way voice 
communication by radio; 
"(17) 'electronic storage' means— 
* 
"(A) any temporary, intermediate storage of a wire or 
, -, 
electronic communication incidental to the electronic trans-
mission thereof; and 
"(B) any storage of such communication by an electronic 
communication service for purposes of backup protection of 
such communication; and 
"(18) 'aural transfer' means a transfer containing the human 
voice at any point between and including the point of origin and 
the point of reception.", 
(b) EXCEPTIONS WITH RESPECT TO ELECTRONIC COMMUNICATIONS.— 
(1) Section 2511(2)(a)(ii) of title 18, United States Code, is 
amended— 
100 STAT. 1850 
PUBLIC LAW 99-508—OCT. 21, 1986 
-oi.t; t^ 
(A) by striking out "violation of this subparagraph by a 
«^' 
communication common carrier or an officer, employee, or 
agent thereof and inserting in lieu thereof "such disclo-
sure"; 
(B) by striking out "the carrier" and inserting in lieu 
thereof "such person"; and 
(C) by striking out "an order or certification under this 
ti * 
subparagraph" and inserting in lieu thereof "a court order 
or certification under this chapter". 
(2) Section 2511(2)(d) of title 18, United States Code, is amended by 
.Vi 
striking out "or for the purpose of committing any other injurious 
act". 
(3) Section 2511(2)(f) of title 18, United States Code, is amended— 
(A) by inserting "or chapter 121" after "this chapter"; and 
(B) by striking out "by 
the second place it appears and 
inserting in lieu thereof ", or foreign intelligence activities 
conducted in accordance with otherwise applicable Federal 
law involving a foreign electronic communications system, 
utilizing". 
(4) Section 2511(2) of title 18, United States Code, is amended by 
adding at the end the following: 
"(g) It shall not be unlawful under this chapter or chapter 121 of 
Post, p. 1860. 
this title for any person— 
"(i) 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; 
"(ii) to intercept 
any radio communication 
which 
is 
transmitted— 
-iu,i 
"^^^ ^y ^^y station for the use of the general public, 
or that relates to ships, aircraft, vehicles, or persons in 
^Q-* 
distress; 
"(II) by any governmental, law enforcement, civil defense, 
private land mobile, or public safety communications 
system, including police and fire, readily accessible to the 
general public; 
"(III) by a station operating on an authorized frequency 
within the bands allocated to the amateur, citizens band, or 
general mobile radio services; or 
"(IV) by any marine or aeronautical communications 
system; 
"(iii) to engage in any conduct which— 
"(I) is prohibited by section 633 of the Communications 
47 use 553. 
Act of 1934; or 
"(II) is excepted from the application of section 705(a) of 
47 use 605. 
the Communications Act of 1934 by section 705(b) of that 
Act; 
. 
"(iv) to intercept any wire or electronic communication the 
p"'^ 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 inter-
ference; or 
"(v) for other users of the same frequency to intercept any 
radio communication made through a system that utilizes fre-
quencies monitored by individuals engaged in the provision or 
the use of such system, if such communication is not scrambled 
or encrypted. 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1851 
"(h) It shall not be unlawful under this chapter— 
"(i) to use a pen register or a trap and trace device (as those 
terms are defined for the purposes of chapter 206 (relating to 
Post, p. 1868. 
pen registers and trap and trace devices) of this title); or 
"(ii) 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 
electronic communication, or a user of that service, from 
fraudulent, unlawful or abusive use of such service.", 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Chapter 119 of 
title 18, United States Code, is amended— 
18 use 2510 et 
(A) in each of sections 2510(5), 2510(8), 2510(9)(b), 2510(11), and 
«^9-
2511 through 2519 (except sections 2515, 2516(1) and 2518(10)), 
by striking out "wire or oral" each place it appears (including in 
any section heading) and inserting "wire, oral, or electronic" in 
lieu thereof; and 
(B) in section 2511(2)(b), by inserting "or electronic" after 
"wire". 
(2) The heading of chapter 119 of title 18, United States Code, is 
amended by inserting "and electronic communications" after 
"wire". 
(3) The item relating to chapter 119 in the table of chapters at the 
beginning of part I of title 18 of the United States Cktde is amended 
by inserting "and electronic communications" after "Wire". 
(4) Section 2510(5Xa) of title 18, United States Code, is amended by 
striking out "communications common carrier" and inserting "pro-
vider of wire or electronic communication service" in lieu thereof. 
(5) Section 2511(2)(aXi) of title 18, United States Code, is 
amended— 
(A) by striking out "any communication common carrier" and 
inserting "a provider of wire or electronic communication serv-
ice" in lieu thereof; 
(B) by striking out "of the carrier of such communication" 
and inserting "of the provider of that service" in lieu thereof; 
and 
(C) by striking out ": Provided, That said communication 
common carriers" and inserting ", except that a provider of 
wire communication service to the public" in lieu thereof. 
(6) Section 2511(2XaXii) of title 18, United States Code, is 
amended— 
(A) by striking out "communication common carriers" and 
inserting "providers of wire or electronic communication serv-
ice" in lieu thereof; 
(B) by striking out "communication common carrier" each 
place it appears and inserting "provider of wire or electronic 
communication service" in lieu thereof; and 
(C) by striking out "if the common carrier" and inserting "if 
such provider" in lieu thereof. 
(7) Section 2512(2Xa) of title 18, United States Code, is amended— 
(A) by striking out "a communications common carrier" the 
first place it appears and inserting "a provider of wire or 
electronic communication service" in lieu thereof; and 
(B) by striking out "a communications common carrier" the 
second place it appears and inserting "such a provider" in lieu 
thereof; and 
100 STAT. 1852 
PUBLIC LAW 99-508—OCT. 21, 1986 
(C) by striking out "communications common carrier's busi-
ness" and inserting "business of providing that wire or elec-
'jMi .0 Afyfl- 
tronic communication service" in lieu thereof. 
(8) Section 2518(4) of title 18, United States Code, is amended— 
(A) by striking out "communication common carrier" in both 
places it appears and inserting "provider of wire or electronic 
communication service" in lieu thereof; and 
(B) by striking out "carrier" and inserting in lieu thereof 
"service provider". 
(d) PENALTIES MODIFICATION.—(1) Section 2511(1) of title 18, 
United States Code, is amended by striking out "shall be" and all 
V
, 
, 
that follows through "or both" and inserting in lieu thereof "shall 
be punished as provided in subsection (4) or shall be subject to suit 
as provided in subsection (5)". 
(2) Section 2511 of title 18, United States Code, is amended by 
adding after the material added by section 102 the following: 
"(4Xa) Except as provided in paragraph (b) of this subsection or in 
subsection (5), whoever violates subsection (1) of this section shall be 
fined under this title or imprisoned not more than five years, or 
both. 
"(b) If the offense is a first offense under paragraph (a) of this 
subsection and is not for a tortious or illegal purpose or for purposes 
of direct or indirect commercial advantage or private commercial 
gain, and the wire or electronic communication with respect to 
which the offense under paragraph (a) is a radio communication 
that is not scrambled or encrypted, then— 
"(i) if the communication is not the radio portion of a cellular 
telephone communication, a public land mobile radio service 
communication or a pajging service communication, and the 
conduct is not that described in subsection (5), the offender shall 
be fined under this title or imprisoned not more than one year, 
or both; and 
"(ii) if the communication is the radio portion of a cellular 
telephone communication, a public land mobile radio service 
communication or a paging service communication, the offender 
shall be fined not more than $500. 
"(c) 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— 
"(i) to a broadcasting station for purposes of retransmission to 
the general public; or 
"(ii) as an audio subcarrier intended for redistribution to 
facilities open to the public, but not including data trans-
missions 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. 
"(5XaXi) If the communication is— 
"(A) a private satellite video communication that is not 
scrambled or encrypted and the conduct in violation of this 
chapter is the private viewing of that communication and is not 
for a tortious or illegal purpose or for purposes of direct or 
indirect commercial advantage or private commercial gain; or 
"(B) 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 violation of this chapter is not for 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1853 
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 jurisdiction, 
"(ii) In an action under this subsection— 
"(A) if the violation of this chapter is a first offense for the 
person under paragraph (a) of subsection (4) and such person 
has not been found liable in a civil action under section 2520 of 
this title, the Federal Government shall be entitled to appro- Infra. 
priate injunctive relief; and 
"(B) if the violation of this chapter is a second or subsequent 
offense under paragraph (a) of subsection (4) or such person has 
been found liable in any prior civil action under section 2520, 
the person shall be subject to a mandatory $500 civil fine. 
"OJ) The court may use any means within its authority to enforce 
an injunction issued under paragraph (iiXA), and shall impose a civil 
fine of not less than $500 for each violation of such an injunction.". 
(e) 
EXCLUSIVITY OF REMEDIES WITH RESPECT TO ELECTRONIC 
COMMUNICATIONS.—Section 2518(10) of title 18, United States C!ode, 
is amended by adding at the end the following: 
"(c) The remedies and sanctions described in this chapter with 
respect to the interception of electronic communications are the 
only judicial remedies and sanctions for nonconstitutioncd violations 
of this chapter involving such communications.". 
(f) STATE OF MIND.—Paragraphs (a), (b), (c), and (d) of subsection (1) 
of section 2511 of title 18, United States Code, are amended bv 
striking out "willfully" and inserting in lieu thereof "intentionally . 
(2) Subsection (1) of section 2512 of title 18, United States Code, is 
amended in the matter before paragraph (a) by striking out "will-
fully" and inserting in lieu thereof "intentionally". 
SEC. 102. REQUIREMENTS FOR CERTAIN DISCLOSURES. 
Section 2511 of title 18, United States Code, is amended by adding 
at the end the following: 
"(3Xa) Except as provided in paragraph O
b
) 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 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. 
"Ot)) A person or entity providing electronic communication 
service to the public may divulge the contents of any such 
communication— 
"(i) as otherwise authorized in section 2511(2Xa) or 2517 of this 
title; 
"(ii) with the lawful consent of the originator or any addressee 
or intended recipient of such communication; 
"(iii) to a person employed or authorized, or whose facilities 
are used, to forward such communication to its destination; or 
"(iv) which were inadvertently obtained by the service pro-
vider and which appear to pertain to the commission of a crime, 
if such divulgence is made to a law enforcement agency.". 
SEC. 
1
0
3
. 
RECOVERY 
OF 
CIVIL 
DAMAGES. 
Section 2520 of title 18, United States Code, is amended to read as 
follows: 
100 STAT. 1854 
PUBLIC LAW 99-508—OCT. 21, 1986 
"§ 2520. Recovery of civil damages authorized 
"(a) IN GENERAL.—Except as provided in section 2511(2)(a)(ii), any 
person whose wire, oral, or electronic communication is intercepted, 
disclosed, or intentionally used in violation of this chapter may in a 
civil action recover from the person or entity which engaged in that 
violation such relief as may be appropriate. 
* 
"(b) RELIEF,—In an action under this section, appropriate relief 
n. 
includes— 
"(1) such preliminary and other equitable or declaratory relief 
as may be appropriate; 
, 
"(2) damages under subsection (c) and punitive damages 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 sec-
tion, 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 allocated 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 purpose 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 2511(5) 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 damages 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 damages 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 2518(7) of this title; or 
"(3) a good faith determination that section 2511(3) 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 discover the 
violation.". 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1855 
SEC. 104. CERTAIN APPROVALS BY JUSTICE DEPARTMENT OFFICIALS. 
Section 2516(1) of title 18 of the United States Code is amended by 
striking out "or any Assistant Attorney General" and inserting in 
lieu thereof "any Assistant Attorney General, any acting Assistant 
Attorney General, or any Deputy Assistant Attorney General in the 
Criminal Division". 
SEC. 105. ADDITION OF OFFENSES TO CRIMES FOR WHICH INTERCEPTION 
IS AUTHORIZED. 
(a) WIRE AND ORAL INTERCEPTIONS.—Section 2516(1) of title 18 of 
the United States Code is amended— 
(1) in paragraph (c)— 
(A) by inserting "section 751 (relating to escape)," after 
"wagering information),"; 
(B) by striking out "2314" and inserting "2312, 2313, 
2314," in lieu thereof; 
(C) by inserting "the second section 2320 (relating to 
trafficking in certain motor vehicles or motor vehicle 
parts), section 1203 (relating to hostage taking), section 1029 
(relating to fraud and related activity in connection with 
access devices), section 3146 (relating to penalty for failure 
to appear), section 3521(bX3) (relating to witness relocation 
and assistance), section 32 (relating to destruction of air-
'^^ 
craft or aircraft facilities)," after "stolen property),"; 
(D) by inserting "section 1952A (relating to use of inter-
state commerce facilities in the commission of murder for 
hire), section 1952B (relating to violent crimes in aid of 
racketeering 
activity)," 
after 
"1952 (interstate and 
foreign travel or transportation in aid of racketeering 
enterprises),"; 
(E) by inserting ", section 115 (relating to threatening or 
retaliating against a Federal official), the section in chapter 
_ 
65 relating to destruction of an energy facility, and section 
1341 (relating to mail fraud)," after "section 1963 (violations 
with respect to racketeer influenced and corrupt organiza-
tions)"; and 
(F)by-
. --, 
(i) striking out "or" before "section 351" and insert-
ing in lieu thereof a comma; and 
(ii) inserting before the semicolon at the end thereof 
the following: ", section 831 (relating to prohibited 
'' 
transactions involving nuclear materials), section 33 
(relating to destruction of motor vehicles or motor 
'^ 
vehicle facilities), or section 1992 (relating to wrecking 
trains)"; 
(2) by striking out "or" at the end of paragraph (g); 
(3) by inserting after paragraph (g) the following: 
"(h) any felony violation of sections 2511 and 2512 (relating to 
interception and disclosure of certain communications and to cer-
tain intercepting devices) of this title; 
"(i) any violation of section 1679a(cX2) (relating to destruction of a 
natural gas pipeline) or subsection (i) or (n) of section 1472 (relating 
to aircraft piracy) of title 49, of the United States Code; 
"(j) any criminal violation of section 2778 of title 22 (relating to 
the Arms Export Control Act); or"; 
"(k) the location of any fugitive from justice from an offense 
described in this section; 
.<r -
Motor vehicles. 
Aircraft and 
air carriers. 
Energy. 
Mail. 
Fraud. 
Hazardous 
materials. 
Motor vehicles. 
Natural gas. 
Aircraft and air 
22 u s e 2751 
note. 
100 STAT. 1856 
PUBLIC LAW 99-508—OCT. 21, 1986 
Hazardous 
materials. 
18 use 1361 et 
seq. 
18 use 2271 
seq. 
Maritime 
affairs. 
18 use 1651 
et 
et 
18 use app. 
l?M IHI* 
.p„: 
(4) by redesignating paragraph (h) as paragraph (1); and 
(5) in paragraph (a) by— 
^' 
(A) inserting after "Atomic Energy Act of 1954)," the 
following: "section 2284 of title 42 of the United States Code 
J 
(relating to sabotage of nuclear facilities or fuel),"; 
(B) striking out "or" after "(relating to treason),"; and 
(C) inserting before the semicolon at the end thereof the 
r/0'** 
following: "chapter 65 (relating to malicious mischief), 
chapter 111 (relating to destruction of vessels), or chapter 
81 (relating to piracy)". 
(b) INTERCEPTION OF ELECTRONIC COMMUNICATIONS.—Section 2516 
of title 18 of the United States Code is amended by adding at the end 
the following: 
"(3) Any attorney for the Government (as such term is defined for 
the purposes of the Federal Rules of Criminal Procedure) may 
authorize an application to a Federal judge of competent jurisdiction 
for, and such judge may grant, in conformity with section 2518 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 evidence of any Federal felony.". 
SEC. 106. APPLICATIONS, ORDERS, AND IMPLEMENTATION OF ORDERS. 
(a) PLACE OF AUTHORIZED INTERCEPTION.—Section 2518(3) of title 
18 of the United States Code is amended by inserting "(and outside 
that jurisdiction but within the United States in the case of a mobile 
interception device authorized by a Federal court within such juris-
diction)" after "within the territorial jurisdiction of the court in 
which the judge is sitting". 
(b) REIMBURSEMENT FOR ASSISTANCE.—Section 2518(4) of title 18 of 
the United States Code is amended by striking out "at the prevail-
ing rates" and inserting in lieu thereof "for reasonable expenses 
incurred in providing such facilities or assistance". 
(c) COMMENCEMENT OF THIRTY-DAY PERIOD AND POSTPONEMENT OF 
T^liNiMizATiON.-Section 2518(5) of title 18 of the United States Code 
IS amended— 
(1) by inserting after the first sentence the following: "Such 
thirty-day period begins on the earlier of the day on which the 
investigative or law enforcement officer first begins to conduct 
an interception under the order or ten days after the order is 
entered."; and 
(2) by adding at the end the following: "In the event the 
'?" 
intercepted communication is in a code or foreign language, and 
an expert in that foreign 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 Government personnel, or by an individual operating 
under a contract with the Government, acting under the super-
vision of an investigative or law enforcement officer authorized 
to conduct the interception.". 
(d) ALTERNATIVE TO DESIGNATING SPECIFIC FACIUTIES FROM WHICH 
COMMUNICATIONS ARE TO BE INTERCEPTED.—(1) Section 2518(l)(b)(ii) 
of title 18 of the United States Code is amended by inserting "except 
as provided in subsection (11)," before "a particular description". 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1857 
(2) Section 2518(3Xd) of title 18 of the United States Code is 
amended by inserting "except as provided in subsection (11)," before 
*' 
"there is". 
(3) Section 2518 of title 18 of the United States Code is amended by 
adding at the end the following: 
"(11) The requirements of subsections (l)(b)(ii) and (3)(d) of this 
section relating to the specification of the facilities from which, or 
, 
r.' 
the place where, the communication is to be intercepted do not 
apply if— 
"(a) in the case of an application with respect to the intercep-
ts tion of an oral communication— 
"(i) the application is by a Federal investigative or law 
enforcement officer and is approved by the Attorney Gen-
eral, the Deputy Attorney General, the Associate Attorney 
General, an Assistant Attorney General, or an acting 
Assistant Attorney General; 
"(ii) the application contains a full and complete state-
ment as to why such specification is not practical and 
identifies the person committing the offense and whose 
communications are to be intercepted; and 
"(iii) the judge finds that such specification is not prac-
tical; and 
"(b) in the case of an application with respect to a wire or 
electronic communication— 
;; 
"(i) the application is by a Federal investigative or law 
enforcement officer and is approved by the Attorney Gen-
eral, the Deputy Attorney General, the Associate Attorney 
General, an Assistant Attorney General, or an acting 
Assistant Attorney General; 
"(ii) the application identifies the person believed to be 
) 
committing the offense and whose communications are to 
be intercepted and the applicant makes a showing of a 
5, 
purpose, on the part of that person, to thwart interception 
%L,. 
by changing facilities; and 
"(iii) the judge finds that such purpose has been ade-
quately shown. 
"(12) An interception of a communication under an order with 
respect to which the requirements of subsections (l)(b)(ii) and (3Xd) 
of this section do not apply by reason of subsection (11) shall not 
begin until the facilities from which, or the place where, the 
communication is to be intercepted is giscertained by the person 
implementing the interception order. A provider of wire or elec-
tronic communications service that has received an order as pro-
vided for in subsection (ll)(b) may move the court to modify or quash 
the order on the ground that its assistance with respect to the 
interception cannot be performed in a timely or reasonable fashion. 
The court, upon notice to the government, shall decide such a 
motion expeditiously.". 
(4) Section 2519(l)(b) of title 18, United States Code, is amended by 
inserting "(including whether or not the order was an order with 
respect to which the requirements of sections 2518(l)(bXii) and 
2518(3)(d) of this title did not apply by reason of section 2518(11) of 
this title)" after "applied for". 
100 STAT. 1858 
PUBLIC LAW 99-508—OCT. 21, 1986 
18 use 2510 
SEC. 107. INTELLIGENCE ACTIVITIES. 
^ ^ . 
.: 
(a) IN GENERAL.—Nothing in this Act or the amendments made by 
this Act constitutes authority for the conduct of any intelligence 
activity. 
(b) CERTAIN ACTIVITIES UNDER PROCEDURES APPROVED BY THE 
ATTORNEY GENERAL.—Nothing in chapter 119 or chapter 121 of title 
18 use 2510 ef 
18, United States Code, shall affect the conduct, by officers or 
seq.; post, 
employees of the United States Government in accordance with 
P ^^^^- 
other applicable Federal law, under procedures approved by the 
Attorney General of activities intended to— 
(1) intercept encrypted or other official communications of 
i 
United States executive branch entities or United States 
: 
Government contractors for communications security purposes; 
(2) intercept radio communications transmitted between or 
5: among foreign powers or agents of a foreign power as defined by 
50 use 1801 
" 
the Foreign Intelligence Surveillance Act of 1978; or 
note. 
(3) access an electronic communication system used exclu-
sively by a foreign power or agent of a foreign power as defined 
by the Foreign Intelligence Surveillance Act of 1978. 
SEC. 108. MOBILE TRACKING DEVICES. 
(a) IN GENERAL.—Chapter 205 of title 18, United States Code, is 
amended by adding at the end the following: 
18 use 3117. 
"§ 3117. Mobile tracking devices 
"(a) IN GENERAL.—If a court is empowered to issue a warrant or 
other order for the installation of a mobile tracking device, such 
order may authorize the use of that device within the jurisdiction of 
the court, and outside that jurisdiction if the device is installed in 
that jurisdiction. 
"(b) DEFINITION.—As used in this section, the term 'tracking 
device' means an electronic or mechanical device which permits the 
tracking of the movement of a person or object.". 
(b) CLERICAL AMENDMENT.—The table of contents at the beginning 
of chapter 205 of title 18, United States Code, is amended by adding 
at the end the following: 
>, .. ., . 
"3117. Mobile tracking devices.". 
SEC. 109. WARNING SUBJECT OF SURVEILLANCE. 
.'V.. 
Section 2232 of title 18, United States Code, is amended— 
(1) by inserting "(a) PHYSICAL INTERFERENCE WITH SEARCH.—" 
;, before "Whoever" the first place it appears; 
(2) by inserting "
O
t
>
) NOTICE OF SEARCH.—" before "Whoever" 
J 
the second place it appears; and 
(3) by adding at the end the following: 
Law 
"(c) NOTICE OF CERTAIN ELECTRONIC SURVEILLANCE.—Whoever, 
enforcement 
having knowledge that a Federal investigative or law enforcement 
18 USC^lio et 
officer has been authorized or has applied for authorization under 
seq.; post, 
chapter 119 to intercept a wire, oral, or electronic communication, 
p. i859. 
in order to obstruct, impede, or prevent such interception, gives 
notice or attempts to give notice of the possible interception to any 
person shall be fined under this title or imprisoned not more than 
five years, or both. 
"Whoever, having knowledge that a Federal officer has been 
authorized or has applied for authorization to conduct electronic 
surveillance under the Foreign Intelligence Surveillance Act (50 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1859 
U.S.C. 1801, et seq.), in order to obstruct, impede, or prevent such 
activity, gives notice or attempts to give notice of the possible 
activity to any person shall be fined under this title or imprisoned 
not more than five years, or both.". 
SEC. 110. INJUNCTIVE REMEDY. 
(a) IN GENERAL.—Chapter 119 of title 18, United States Code, is 
amended by adding at the end the following: 
"§ 2521. Injunction against illegal interception 
18 use 2521. 
"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 initiate a civil 
action in a district court of the United States to enjoin such viola-
tion. The court shall proceed as soon as practicable to the hearing 
and determination of such an action, and may, at any time before 
final determination, enter such a restraining 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 section is governed by the Federal Rules of Civil Proce-
dure, except that, if an indictment has been returned against the 
28 use app. 
respondent, discovery is governed by the Federal Rules of Criminal 
Procedure.". 
18 use app. 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 119 of title 18, United States Code, is amended by adding 
at the end thereof the following: 
"2521. Injunction against illegal interception.". 
SEC. 111. EFFECTIVE DATE. 
18 USC 2510 
(a) IN GENERAL.—Except as provided in subsection (b) or (c), this 
title and the amendments made by this title shall take effect 90 days 
after the date of the enactment of this Act and shall, in the case of 
conduct pursuant to a court order or extension, apply only with 
respect to court orders or extensions made after this title takes 
effect. 
(b) SPECIAL RULE FOR STATE AUTHORIZATIONS OF INTERCEPTIONS.— 
Any interception pursuant to section 2516(2) of title 18 of the United 
States Code which would be valid and lawful without regard to the 
amendments made by this title shall be valid and lawful notwith-
standing such amendments if such interception occurs during the 
period beginning on the date such amendments take effect and 
ending on the earlier of— 
(1) the day before the date of the taking effect of State law 
conforming the applicable State statute with chapter 119 of title 
18, United States Code, as so amended; or 
18 use 2510 et 
(2) the date two years after the date of the enactment of this «^9-
Act. 
(c) EFFECTIVE DATE FOR CERTAIN APPROVALS BY JUSTICE DEPART-
MENT OFFICIALS.—Section 104 of this Act shall take effect on the 
date of enactment of this Act. 
100 STAT. 1860 
PUBLIC LAW 99-508—OCT. 21, 1986 
TITLE II—STORED WIRE AND ELECTRONIC COMMUNICA-
TIONS AND TRANSACTIONAL RECORDS ACCESS 
SEC. 201. TITLE 18 AMENDMENT. 
Title 18, United States Code, is amended by inserting after chap-
ter 119 the following: 
"CHAPTER 
121—STORED 
WIRE 
AND 
ELECTRONIC 
c
i
^ 
- I COMMUNICATIONS 
AND 
TRANSACTIONAL 
J 
RECORDS 
ACCESS 
"Sec. 
"2701. Unlawful access to stored communications. 
"2702. Disclosure of contents. 
"2703. Requirements for governmental access. 
"2704. Backup preservation. 
"2705. Delayed notice. 
• / 
"2706. Cost reimbursement. 
> 
"2707. Civil action. 
. 
, 
"2708. Exclusivity of remedies. 
"2709. Counterintelligence access to telephone toll and transactional records. 
"2710. Definitions. 
18 use 2701. 
"§ 2701. Unlawful access to stored communications 
"(a) OFFENSE.—Except as provided in subsection (c) of this section 
whoever— 
"(1) intentionally accesses without authorization a facility 
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 storage in such 
system shall be punished as provided in subsection O
t
>
) of this section. 
"(b) PUNISHMENT.—The punishment for an offense under subsec-
tion (a) of this section is— 
"(1) if the offense is committed for purposes of commercial 
advantage, malicious destruction or damage, or private commer-
cial gain— 
"(A) a fine of not more than $250,000 or imprisonment for 
not more than one year, or both, in the case of a first 
offense under this subparagraph; and 
"(B) a fine under this title or imprisonment for not more 
• " ' 
than two years, or both, for any subsequent offense under 
this subparagraph; and 
* 
"(2) a fine of not more than $5,000 or imprisonment for not 
more than six months, or both, in any other case. 
?
> 0 c:; L u 
"(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 electronic 
communications service; 
"(2) by a user of that service with respect to a communication 
of or intended for that user; or 
"(3) in section 2703, 2704 or 2518 of this title. 
18 use 2702. 
"§ 2702. Disclosure of contents 
"(a) PROHIBITIONS.—Except as provided in subsection (b)— 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1861 
"(1) a person or entity providing an electronic communication 
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 
"(2) a person or entity providing remote computing service to 
the public shall not knowingly divulge to any person or entity 
the contents of any communication which is carried or main-
tained on that service— 
"(A) on behalf of, and received by means of electronic 
transmission from (or created by means of computer 
processing of communications received by means of elec-
tronic transmission from), a subscriber or customer of such 
service; and 
"(B) solely for the purpose of providing storage or com-
puter processing services to such subscriber or customer, 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. 
"(b) EXCEPTIONS.—A person or entity may divulge the contents of 
a communication— 
"(1) to an addressee or intended recipient of such communica-
tion or an agent of such addressee or intended recipient; 
"(2) as otherwise authorized in section 2516, 2511(2Xa), or 2703 
of this title; 
18 use 2516, 
"(3) with the lawful consent of the originator or an addressee 
2511; infra. 
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 facilities are 
used to forward such communication to its destination; 
"(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; or 
"(6) to a law enforcement agency, if such contents— 
"(A) were inadvertently obtained by the service provider; 
and 
"(B) appear to pertain to the commission of a crime. 
"§ 2703. Requirements for governmental access 
State and local 
"(a) CONTENTS OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC fg^uscTTol. 
STORAGE.—A governmental entity may require the disclosure by a 
provider of electronic communication service of the contents of an 
electronic communication, that is in electronic storage in an elec-
tronic communications system for one hundred and eighty days or 
less, only pursuant to a warrant issued under the Federal Rules of 
Criminal Procedure or equivalent State warrant. A governmental 
18 use app. 
entity may require the disclosure by a provider of electronic commu-
nications services of the contents of an electronic communication 
that has been in electronic storage in an electronic communications 
system for more than one hundred and eighty days by the means 
available under subsection (b) of this section. 
"Ot)) CONTENTS OF ELECTRONIC COMMUNICATIONS IN A REMOTE 
COMPUTING SERVICE.—(1) A governmental entity may require a 
provider of remote computing service to disclose the contents of any 
electronic communication to which this paragraph is made ap-
plicable by paragraph (2) of this subsection— 
"(A) without required notice to the subscriber or customer, if 
the governmental entity obtains a warrant issued under the 
'm 
100 STAT. 1862 
PUBLIC LAW 99-508—OCT. 21, 1986 
18 use app. 
Federal Rules of Criminal Procedure or equivalent State war-
rant; 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 
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 
Post, p. 1864. 
2705 of this title. 
"(2) Paragraph (1) is applicable with respect to any electronic 
communication that is held or maintained on that service— 
"(A) on behalf of, and received by means of electronic trans-
mission from (or created by means of computer processing of 
communications received by means of electronic transmission 
from), a subscriber or customer of such remote computing serv-
ice; and 
"(B) solely for the purpose of providing storage or computer 
processing services to such subscriber or customer, if the pro-
vider is not authorized to access the contents of any such 
communications for purposes of providing any services other 
than storage or computer processing. 
"(c) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE 
O
R REMOTE COMPUTING SERVICE.—(1)(A) Except as provided in 
subparagraph (B), a provider of electronic communication service or 
remote computing service may disclose a record or other informa-
tion pertaining to a subscriber to or customer of such service (not 
including the contents of communications covered by subsection (a) 
or (b) of this section) to any person other than a governmental 
entity. 
"(B) A provider of electronic communication service or remote 
computing service shall disclose a record or other information 
pertaining to a subscriber to or customer of such service (not 
including the contents of communications covered by subsection (a) 
or (b) of this section) to a governmental entity only when the 
governmental entity— 
' i 
"(i) uses an administrative subpoena authorized by a Federal 
or State statute, or a Federal or State grand jury subpoena; 
"(ii) obtains a warrant issued under the Federal Rules of 
Criminal Procedure or equivalent State warrant; 
"(iii) obtains a court order for such disclosure under subsec-
tion (d) of this section; or 
"(iv) has the consent of the subscriber or customer to such 
_ ry„ 
disclosure. 
'• 
' 
"(2) A governmental entity receiving records or information under 
this subsection is not required to provide notice to a subscriber or 
customer. 
Records. 
"(d) REQUIREMENTS FOR CouRT ORDER.—A court Order for disclo-
sure under subsection (b) or (c) of this section shall issue only if the 
governmental entity shows that there is reason to believe the 
contents of a wire or electronic communication, or the records or 
other information sought, are relevant to a legitimate law enforce-
ment inquiry. In the case of a State governmental authority, such a 
court order shall not issue if prohibited by the law of such State. A 
court issuing an order pursuant to this section, on a motion made 
promptly by the service provider, may quash or modify such order, if 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1863 
the information or records requested are unusually voluminous in 
nature or compliance with such order otherwise would cause an 
undue burden on such provider. 
"(e) 
No 
CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING 
INFORMATION UNDER THIS CHAPTER.—No cause of action shall lie in 
any court against any provider of wire or electronic communication 
service, its officers, employees, agents, or other specified persons for 
providing information, facilities, or assistance in accordance with 
the terms of a court order, warrant, subpoena, or certification under 
this chapter. 
"§ 2704. Backup preservation 
18 USC 2704. 
"(a) BACKUP PRESERVATION.—(1) A governmental entity acting 
under section 2703(b)(2) may include in its subpoena or court order a 
requirement that the service provider to whom the request is 
* 
directed create a backup copy of the contents of the electronic 
communications sought in order to preserve those communications. 
Without notifying the subscriber or customer of such subpoena or 
court order, such service provider shall create such backup copy as 
soon as practicable consistent with its regular business practices and 
shall confirm to the governmental entity that such backup copy has 
been made. Such backup copy shall be created within two business 
days after receipt by the service provider of the subpoena or court 
order. 
"(2) Notice to the subscriber or customer shall be made by the 
governmental entity within three days after receipt of such con-
firmation, unless such notice is delayed pursuant to section 2705(a). 
"(3) The service provider shall not destroy such backup copy until 
the later o
f
— 
"(A) the delivery of the information; or 
"(B) the resolution of any proceedings (including appeals of 
any proceeding) concerning the government's subpoena or court 
order. 
"(4) The service provider shall release such backup copy to the 
requesting governmental entity no sooner than fourteen days after 
the governmental entity's notice to the subscriber or customer if 
such service provider— 
"(A) has not received notice from the subscriber or customer 
that the subscriber or customer has challenged the govern-
mental entity's request; and 
"(B) has not initiated proceedings to challenge the request of 
.. 
the governmental entity. 
"(5) A governmental entity may seek to require the creation of a 
backup copy under subsection (a)(1) of this section if in its sole 
discretion such entity determines that there is reason to believe that 
notification under section 2703 of this title of the existence of the 
subpoena or court order may result in destruction of or tampering 
with evidence. This determination is not subject to challenge by the 
subscriber or customer or service provider. 
"(b) CUSTOMER CHALLENGES.—(1) Within fourteen days after notice 
by the governmental entity to the subscriber or customer under 
subsection (a)(2) of this section, such subscriber or customer may 
file 
•i" : 
i.; 
a motion to quash such subpoena or vacate such court order, with 
copies served upon the governmental entity and with written notice 
of such challenge to the service provider. A motion to vacate a court 
order shall be filed"inthe^ court which issued such order. A motion to 
quash a subpoena shall be filed in the appropriate United States 
100 STAT. 1864 
PUBLIC LAW 99-508—OCT. 21, 1986 
district court or State court. Such motion or application shall con-
tain an affidavit or sworn statement— 
"(A) stating that the applicant is a customer or subscriber to 
the service fi*om which the contents of electronic communica-
tions maintained for him have been sought; and 
"(B) stating the applicant's reasons for believing that the 
records sought are not relevant to a legitimate law enforcement 
inquiry or that there has not been substantial compliance with 
the provisions of this chapter in some other respect. 
"(2) Service shall be made under this section upon a governmental 
._,. 
^ entity by delivering or mailing by registered or certified mail a copy 
eu i! of ^ije papers to the person, office, or department specified in the 
notice which the customer has received pursuant to this chapter. 
For the purposes of this section, the term 'delivery' has the meaning 
28 use app. 
given that term in the Federal Rules of Civil Procedure. 
"(3) If the court finds that the customer has complied with para-
graphs (1) and (2) of this subsection, the court shall order the 
governmental entity to file a sworn response, which may be filed in 
camera if the governmental entity includes in its response the 
reasons which make in camera review appropriate. If the court is 
unable to determine the motion or application on the basis of the 
parties' initial allegations and response, the court may conduct such 
additional proceedings as it deems appropriate. All such proceedings 
shall be completed and the motion or application decided as soon as 
practicable after the filing of the governmental entity's response. 
"(4) If the court finds that the applicant is not the subscriber or 
customer for whom the communications sought by the govern-
mental entity are maintained, or that there is a reason to believe 
that the law enforcement inquiry is legitimate and that the commu-
nications sought are relevant to that inquiry, it shall deny the 
motion or application and order such process enforced. If the court 
finds that the applicant is the subscriber or customer for whom the 
communications sought by the governmental entity are maintained, 
and that there is not a reason to believe that the communications 
sought are relevant to a legitimate law enforcement inquiry, or that 
there has not been substantial compliance with the provisions of 
this chapter, it shall order the process quashed. 
"(5) A court order denying a motion or application under this 
section shall not be deemed a final order and no interlocutory 
appeal may be taken therefrom by the customer. 
18 use 2705. 
"§ 2705. Delayed notice 
"(a) DELAY OF NOTIFICATION.—(1) A governmental entity acting 
under section 2703(b) of this title may— 
"(A) where a court order is sought, include in the application 
a request, which the court shall grant, for an order delaying the 
notification required under section 2703(b) of this title for a 
period not to exceed ninety days, if the court determines that 
there is reason to believe that notification of the existence of the 
ts: court order may have an adverse result described in paragraph 
(2) of this subsection; or 
State and local 
"(B) where an administrative subpoena authorized by a Fed-
governments. 
gj.^j QJ. g^ate Statute or a Federal or State grand jury subpoena 
is obtained, delay the notification required under section 2703(b) 
of this title for a period not to exceed ninety days upon the 
. 
execution of a written certification of a supervisory official that 
5 
there is reason to believe that notification of the existence of the 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1865 
subpoena may have an adverse result described in paragraph (2) 
of this subsection. 
"(2) An adverse result for the purposes of paragraph (1) of this 
subsection is— 
"(A) endangering the life or physical safety of an individual; 
•' 
- * 
"(B) flight from prosecution; 
"(C) destruction of or tampering with evidence; 
"(D) intimidation of potential witnesses; or 
"(E) otherwise seriously jeopardizing an investigation or 
unduly delaying a trial. 
"(3) The governmental entity shall maintain a true copy of certifi-
cation under paragraph (1)(B). 
"(4) Extensions of the delay of notification provided in section 
2703 of up to ninety days each may be granted by the court upon 
application, or by certification by a governmental entity, but only in 
accordance with subsection (b) of this section. 
"(5) Upon expiration of the period of delay of notification under 
paragraph (1) or (4) of this subsection, the governmental entity shall 
serve upon, or deliver by registered or first-class mail to, the cus-
tomer or subscriber a copy of the process or request together with 
notice that— 
"(A) states with reasonable specificity the nature of the law 
enforcement inquiry; and 
"(B) informs such customer or subscriber— 
"(i) that information maintained for such customer or 
subscriber by the service provider named in such process or 
request was supplied to or requested by that governmental 
authority and the date on which the supplying or request 
took place; 
"(ii) that notification of such customer or subscriber was 
delayed; 
"(iii) what governmental entity or court made the certifi-
cation or determination pursuant to which that delay was 
\5 
made; and 
"(iv) which provision of this chapter allowed such delay. 
"(6) As used in this subsection, the term 'supervisory official' 
means the investigative agent in charge or assistant investiga-
tive agent in charge or an equivalent of an investigating agen-
cy's headquarters or regional office, or the chief prosecuting 
attorney or the first assistant prosecuting attorney or an 
equivalent of a prosecuting attorney's headquarters or regional 
office. 
"(b) 
PRECLUSION OF NOTICE TO SUBJECT OF GOVERNMENTAL 
ACCESS.—A governmental entity acting under section 2703, when it 
is not required to notify the subscriber or customer under section 
2703(bXl), or to the extent that it may delay such notice pursuant to 
subsection (a) of this section, may apply to a court for an order 
commanding a provider of electronic communications service or 
remote computing service to whom a warrant, subpoena, or court 
order is directed, for such period as the court deems appropriate, not 
to notify any other person of the existence of the warrant, subpoena, 
or court order. The court shall enter such an order if it determines 
that there is reason to believe that notification of the existence of 
the warrant, subpoena, or court order will result in— 
"(1) endangering the life or physical safety of an individual; 
1' -^ 
"(2) flight from prosecution; 
"(3) destruction of or tampering with evidence; 
100 STAT. 1866 
PUBLIC LAW 99-508—OCT. 21, 1986 
*'^) 
"(4) intimidation of potential witnesses; or 
"(5) otherwise seriously jeopardizing an investigation or 
unduly delaying a trial. 
18 use 2706. 
"§ 2706. Cost reimbursement 
. 
"(a) PAYMENT.—Except as otherwise provided in subsection (c), a 
governmental entity obtaining the contents of communications, 
records, or other information under section 2702, 2703, or 2704 of 
this title shall pay to the person or entity assembling or providing 
such information a fee for reimbursement for such costs as are 
reasonably necessary and which have been directly incurred in 
searching for, assembling, reproducing, or otherwise providing such 
information. Such reimbursable costs shall include any costs due to 
necessary disruption of normal operations of any electronic commu-
nication service or remote computing service in which such informa-
tion may be stored. 
"Ob) AMOUNT.—The amount of the fee provided by subsection (a) 
shall be as mutually agreed by the governmental entity and the 
person or entity providing the information, or, in the absence of 
agreement, shall be as determined by the court which issued the 
order for production of such information (or the court before which a 
criminal prosecution relating to such information would be brought, 
if no court order was issued for production of the information). 
"(c) The requirement of subsection (a) of this section does not 
apply with respect to records or other information maintained by a 
communications common carrier that relate to telephone toll 
records and telephone listings obtained under section 2703 of this 
title. The court may, however, order a payment as described in 
subsection (a) if the court determines the information required is 
unusually voluminous in nature or otherwise caused an undue 
burden on the provider. 
"§ 2707. Civil action 
"(a) CAUSE OF ACTION.—Except as provided in section 2703(e), any 
provider of electronic communication service, subscriber, or cus-
tomer aggrieved by any violation of this chapter in which the 
conduct constituting the violation is engaged in with a knowing or 
intentional state of mind may, in a civil action, recover from the 
person or entity which engaged in that violation such relief as may 
be appropriate. 
"(b) RELIEF.—In a civil action under this section, appropriate 
relief includes— 
"(1) such preliminary and other equitable or declaratory relief 
as may be appropriate; 
"(2) damages under subsection (c); and 
"(3) a reasonable attorney's fee and other litigation costs 
reasonably incurred. 
"(c) DAMAGES.—The court may assess as damages in a civil action 
under this section the sum of the actual damages suffered by the 
plaintiff and any profits made by the violator as a result of the 
violation, but in no case shall a person entitled to recover receive 
less than the sum of $1,000. 
"(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 2518(7) of this title; or 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1867 
"(3) a good faith determination that section 2511(3) of this 
title permitted the conduct complained of; 
is a complete defense to 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 discovered or had a reasonable opportunity to dis-
cover the violation. 
"§ 2708. Exclusivity of remedies 
18 use 2708. 
"The remedies and sanctions described in this chapter are the 
only judicial remedies and sanctions for nonconstitutional violations 
of this chapter. 
"§ 2709. Counterintelligence access to telephone toll and trans- 
18 use 2709. 
actional records 
"(a) DUTY TO PROVIDE.—A wire or electronic communication serv-
ice provider shall comply with a request for subscriber information 
H : 
and toll billing records information, or electronic communication 
'*• 
transactional records in its custody or possession made by the 
Director of the Federal Bureau of Investigation under subsection (b) 
of this section. 
"(b) REQUIRED CERTIFICATION.—The Director of the Federal 
Bureau of Investigation (or an individual within the Federal Bureau 
of Investigation designated for this purpose by the Director) may 
request any such information and records if the Director (or the 
Director's designee) certifies in writing to the wire or electronic 
communication service provider to which the request is made that— 
"(1) the information sought is relevant to an authorized for-
eign counterintelligence investigation; and 
"(2) there are specific and articulable facts giving reason to 
believe that the person or entity to whom the information 
sought pertains is a foreign power or an agent of a foreign 
power as defined in section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801). 
"(c) PROHIBITION OF CERTAIN DISCLOSURE.—No wire or electronic 
communication service provider, or officer, employee, or agent 
thereof, shall disclose to any person that the Federal Bureau of 
Investigation has sought or obtained access to information or 
records under this section. 
"(d) DISSEMINATION BY BUREAU.—The Federal Bureau of Inves-
tigation may disseminate information and records obtained under 
this section only as provided in guidelines approved by the Attorney 
^^,,_ , _ 
General for foreign intelligence collection and foreign counterintel- 
' ' "
^ 
ligence investigations conducted by the Federal Bureau of Investiga-
tion, and, with respect to dissemination to an agency of the United 
States, only if such information is clearly relevant to the authorized 
responsibilities of such agency. 
"(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE IN-
FORMED.—On a semiannual basis the Director of the Federal Bureau 
of Investigation shall fully inform the Permanent Select Committee 
100 STAT. 1868 
PUBLIC LAW 99-508—OCT. 21, 1986 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate concerning all requests 
made under subsection (b) of this section, 
18 use 2710. 
"§ 2710. Definitions for chapter 
. 
"As used in this chapter— 
"(1) the terms defined in section 2510 of this title have, 
respectively, the definitions given such terms in that section; 
and 
, > 
. 
"(2) the term 'remote computing service' means the provision 
to the public of computer storage or processing services by 
means of an electronic communications system.", 
(b) CLERICAL AMENDMENT.—The table of chapters at the beginning 
of part I of title 18, United States Code, is amended by adding at the 
end the following: 
"121. Stored Wire and Electronic Communications and Transactional 
Records Access 
2701". 
18 u s e 2701 
SEC. 202. EFFECTIVE DATE. 
This title and the amendments made by this title shall take effect 
ninety days after the date of the enactment of this Act and shall, in 
the case of conduct pursuant to a court order or extension, apply 
only with respect to court orders or extensions made after this title 
takes effect. 
TITLE 
III—PEN 
REGISTERS 
AND 
TRAP 
AND TRACE 
DEVICES 
SEC. 301. TITLE 18 AMENDMENT. 
(a) IN GENERAL.—Title 18 of the United States Code is amended by 
inserting after chapter 205 the following new chapter: 
"CHAPTER 
206—PEN 
REGISTERS 
AND 
TRAP 
AND 
TRACE 
DEVICES 
"Sec. 
"3121. General prohibition on pen register and trap and trace device use; exception. 
"3122. Application for an order for a pen register or a trap and trace device. 
"3123. Issuance of an order for a pen register or a trap or trace device. 
"3124. Assistance in installation and use of a pen register or a trap and trace 
device. 
"3125. Reports concerning pen registers and trap and trace devices. 
"3126. Definitions for chapter. 
18 use 3121. 
"§3121. General prohibition on pen register and trap and trace 
device use; exception 
"(a) IN GENERAL.—Except as provided in this section, no person 
may install or use a pen register or a trap and trace device without 
first obtaining a court order under section 3123 of this title or under 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.). 
"(b) EXCEPTION.—The prohibition of subsection (a) does not apply 
with respect to the use of a pen register or a trap and trace device by 
a provider of electronic or wire communication service— 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1869 
"(1) relating to the operation, maintenance, and testing of a 
wire or electronic communication service or to the protection of 
the rights or property of such provider, or to the protection of 
users of that service from abuse of service or unlawful use of 
service; or 
"(2) 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 communication, or a user of that service, from fraudu-
lent, unlawful or abusive use of service; or (3) where the consent 
of the user of that service has been obtained. 
"(c) PENALTY.—Whoever knowingly violates subsection (a) shall be 
fined under this title or imprisoned not more than one year, or both. 
"§ 3122. Application for an order for a pen register or a trap and 
18 USC 3122. 
trace device 
"(a) APPUCATION.—(1) An attorney for the Government may make 
application for an order or an extension of an order under section 
3123 of this title authorizing or approving the installation and use of 
a pen register or a trap and trace device under this chapter, in 
writing under oath or equivalent affirmation, to a court of com-
petent jurisdiction. 
"(2) Unless prohibited by State law, a State investigative or law state and local 
enforcement officer may make application for an order or an exten- governments. 
sion of an order under section 3123 of this title authorizing or 
approving the installation and use of a pen register or a trap and 
trace device under this chapter, in writing under oath or equivalent 
affirmation, to a court of competent jurisdiction of such State. 
"(b) CONTENTS OF APPLICATION.—An application under subsection 
(a) of this section shall include— 
"(1) the identity of the attorney for the Government or the 
State law enforcement or investigative officer making the ap-
plication and the identity of the law enforcement agency 
conducting the investigation; and 
• -
"(2) a certification by the applicant that the information 
likely to be obtained is relevant to an ongoing criminal inves-
tigation being conducted by that agency. 
"§ 3123. Issuance of an order for a pen register or a trap and trace 
device 
"(a) IN GENERAL.—Upon an application made under section 3122 
of this title, the court shall enter an ex parte order authorizing the 
installation and use of a pen register or a trap and trace device 
within the jurisdiction of the court if the court finds that the 
attorney for the Government or the State law enforcement or 
investigative officer has certified to the court that the information 
likely to be obtained by such installation and use is relevant to an 
ongoing criminal investigation. 
"(b) CONTENTS OF ORDER.—An order issued under this section— 
"(1) shall specify— 
"(A) the identity, if known, of the person to whom is 
leased or in whose name is listed the telephone line to 
which the pen register or trap and trace device is to be 
attached; 
"(B) the identity, if known, of the person who is the 
subject of the criminal investigation; 
100 STAT. 1870 
PUBLIC LAW 99-508—OCT. 21, 1986 
;" -
^ 
"(C) the number and, if known, physical location of the 
telephone line to which the pen register or trap and trace 
device is to be attached and, in the case of a trap and trace 
to -s- 
device, the geographic limits of the trap and trace order; 
and 
"(D) a statement of the offense to which the information 
likely to be obtained by the pen register or trap and trace 
device relates; and 
"(2) shall direct, upon the request of the applicant, the fur-
nishing of information, facilities, and technical assistance nec-
essary to accomplish the installation of the pen register or trap 
and trace device under section 3124 of this title. 
"(c) TIME PERIOD AND EXTENSIONS.—(1) An order issued under this 
c .^ 
section shall authorize the installation and use of a pen register or a 
trap and trace device for a period not to exceed sixty days. 
"(2) Extensions of such an order may be granted, but only upon an 
application for an order under section 3122 of this title and upon the 
judicial finding required by subsection (a) of this section. The period 
of extension shall be for a period not to exceed sixty days. 
"(d) NONDISCLOSURE OF EXISTENCE OF PEN REGISTER OR A TRAP AND 
TRACE DEVICE.—An order authorizing or approving the installation 
and use of a pen register or a trap and trace device shall direct 
^
'
^ 
that— 
"(1) the order be sealed until otherwise ordered by the court; 
and 
"(2) the person owning or leasing the line to which the pen 
register or a trap and trace device is attached, or who has been 
ordered by the court to provide assistance to the applicant, not 
disclose the existence of the pen register or trap and trace 
device or the existence of the investigation to the listed 
subscriber, or to any other person, unless or until otherwise 
ordered by the court. 
18 use 3124. 
"§ 3124. Assistance in installation and use of a pen register or a 
trap and trace device 
"(a) PEN REGISTERS.—Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized to 
install and use a pen register under this chapter, a provider of wire 
or electronic communication service, landlord, custodian, or other 
person shall furnish such investigative or law enforcement officer 
forthwith all information, facilities, and technical assistance nec-
essary to accomplish the installation of the pen register unobtru-
sively and with a minimum of interference with the services that 
the person so ordered by the court accords the party with respect to 
whom the installation and use is to take place, if such assistance is 
directed by a court order as provided in section 3123(b)(2) of this 
V 
title. 
"(b) TRAP AND TRACE DEVICE.—Upon the request of an attorney 
for the Government or an officer of a law enforcement agency 
authorized to receive the results of a trap and trace device under 
this chapter, a provider of a wire or electronic communication 
service, landlord, custodian, or other person shall install such device 
forthwith on the appropriate line and shall furnish such investiga-
tive or law enforcement officer all additional information, facilities 
and technical assistance including installation and operation of the 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1871 
device unobtrusively and with a minimum of interference with the 
services that the person so ordered by the court accords the party 
with respect to whom the installation and use is to take place, if 
such installation and assistance is directed by a court order as 
provided in section 3123(bX2) of this title. Unless otherwise ordered 
by the court, the results of the trap and trace device shall be 
furnished to the officer of a law enforcement agency, designated in 
the court, at reasonable intervals during regular business hours for 
the duration of the order. 
"(c) COMPENSATION.—A provider of a wire or electronic commu-
nication service, landlord, custodian, or other person who furnishes 
facilities or technical assistance pursuant to this section shall be 
reasonably compensated for such reasonable expenses incurred in 
providing such facilities and assistance. 
"(d) 
No 
CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING 
INFORMATION UNDER THIS CHAPTER.—No cause of action shall lie in 
n? ^-^ ^; 
any court against any provider of a wire or electronic communica- 
^ 
tion service, its officers, employees, agents, or other specified per-
sons for providing information, facilities, or assistance in accordance 
with the terms of a court order under this chapter. 
"(e) DEFENSE.—A good faith reliance on a court order, a legislative 
authorization, or a statutory authorization is a complete defense 
against any civil or criminal action brought under this chapter or 
any other law. 
"§ 3125. Reports concerning pen registers and trap and trace is use 3125. 
devices 
"The Attorney General shall annually report to Congress on the 
number of pen register orders and orders for trap and trace devices 
applied for by law enforcement agencies of the Department of 
Justice. 
"§ 3126. DeHnitions for chapter 
"As used in this chapter— 
"(1) the terms 'wire communication', 'electronic communica-
tion', and 'electronic communication service' have the meanings 
set forth for such terms in section 2510 of this title; 
"(2) the term 'court of competent jurisdiction' means— 
"(A) a district court of the United States (including a 
magistrate of such a court) or a United States Court of 
„.^,, ,,.j,.,,, 
Appeals; or 
^ ' ^^ 
'if *, 
' (B) a court of general criminal jurisdiction of a State 
authorized by the law of that State to enter orders authoriz-
ing the use of a pen register or a trap and trace device; 
"(3) the term 'pen register means a device which records or 
decodes electronic or other impulses which identify the numbers 
dialed or otherwise transmitted on the telephone line to which 
such device is attached, but such term does not include any 
device used by a provider or customer of a wire or electronic 
communication service for billing, or recording as an incident to 
billing, for communications services provided by such provider 
or any device used by a provider or customer of a wire commu-
nication service for cost accounting or other like purposes in the 
ordinary course of its business; 
100 STAT. 1872 
PUBLIC LAW 99-508—OCT. 21, 1986 
,i. 
"(4) the term 'trap and trace device' means a device which 
captures the incoming electronic or other impulses which iden-
tify the originating number of an instrument or device from 
which a wire or electronic communication was transmitted; 
"(5) the term 'attorney for the Government' has the meaning 
given such term for the purposes of the Federal Rules of Crimi-
nal Procedure; and 
"(6) the term 'State' means a State, the District of Columbia, 
Puerto Rico, and any other possession or territory of the United 
States.". 
(b) CLERICAL AMENDMENT.—The table of chapters for part II of 
title 18 of the United States Code is amended by inserting after the 
item relating to chapter 205 the following new item: 
"206. Pen Registers and Trap and Trace Devices 
3121". 
18 use 3121 
SEC. 302. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection flj), this title 
and the amendments made by this title shall take effect ninety days 
after the date of the enactment of this Act and shall, in the case of 
conduct pursuant to a court order or extension, apply only with 
respect to court orders or extensions made after this title takes 
effect. 
(b) SPECIAL RULE FOR STATE AUTHORIZATIONS OF INTERCEPTIONS.— 
Any pen register or trap and trace device order or installation which 
oi • 
would be valid and lawful without regard to the amendments made 
by this title shall be valid and lawful notwithstanding such amend-
ments if such order or installation occurs during the period begin-
ning on the date such amendments take effect and ending on the 
earlier o
f
— 
(1) the day before the date of the taking effect of changes in 
State law required in order to make orders or installations 
under Federal law as amended by this title; or 
(2) the date two years after the date of the enactment of this 
Act. 
SEC. 303. INTERFERENCE WITH THE OPERATION OF A SATELLITE. 
(a) OFFENSE.—Chapter 65 of title 18, United States Code, is amend-
ed by inserting at the end the following: 
18 use 1367. 
"§ 1367. Interference with the operation of a satellite 
* 
"(a) Whoever, without the authority of the satellite operator, 
intentionally or maliciously interferes with the authorized operation 
of a communications or weather satellite or obstructs or hinders any 
satellite transmission shall be fined in accordance with this title or 
imprisoned not more than ten years or both. 
"(h) This section does not prohibit any lawfully authorized inves-
tigative, protective, or intelligence activity of a law enforcement 
agency or of an intelligence agency of the United States." 
PUBLIC LAW 99-508—OCT. 21, 1986 
100 STAT. 1873 
(b) CONFORMING AMENDMENT.—The table of sections for chapter 
65 of title 18, United States Code, is amended by adding at the end 
the following new item: 
"1367. Interference with the operation of a satellite.". 
Approved October 21, 1986. 
i^, 
%ii<J-ll'u' 
ki.^ 
LEGISLATIVE HISTORY—H.R. 4952 (S. 2575): 
HOUSE REPORTS: No. 99-647 (Ckjmm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
June 23, considered and passed House. 
Oct. 1, considered and passed Senate, amended. 
Oct. 2, House concurred in Senate amendments.