18 U.S.C. 2512.
Manufacture, Distribution, Possession, and Advertising of Wire,
Oral, or Electronic Communication Intercepting Devices Prohibited
§ 2512. Manufacture, distribution, possession, and advertising of wire,
oral, or electronic communication intercepting devices prohibited
(1) Except as otherwise specifically provided in this
chapter, any person who intentionally--
(a) 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;
(b) 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 interception 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
(c) places in any newspaper, magazine, handbill, or other
publication or disseminates by electronic means any
advertisement of--
(i) any electronic, mechanical, or other device knowing
the content of the advertisement and 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; or
(ii) any other electronic, mechanical, or other device,
where such advertisement promotes the use of such device for the
purpose of the surreptitious interception of wire, oral, or electronic
communications,
knowing or having reason to know that such advertisement will be sent through
the mail or transported in interstate or foreign commerce,
shall be fined under this title or imprisoned not more than five years, or
both.
(2) It shall not be unlawful under this section for--
(a) a provider of wire or electronic communication service
or an officer, agent, or employee of, or a person under contract
with, such a provider, in the normal course of the business of
providing that wire or electronic communication service, or
(b) an officer, agent, or employee of, or a person under
contract with, the United States, a State, or a political subdivision
thereof, in the normal course of the activities of the United States,
a State, or a political subdivision thereof,
to send through the mail, send or carry in interstate or foreign
commerce, or manufacture, assemble, possess, or sell 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.
(3) It shall not be unlawful under this section to advertise
for sale a device described in subsection (1) of this section if
the advertisement is mailed, sent, or carried in interstate or
foreign commerce solely to a domestic provider of wire or electronic
communication service or to an agency of the United States, a State,
or a political subdivision thereof which is duly authorized to
use such device.
|