UNITED STATES CODE ANNOTATED
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
§ 2510. Definitions
As used in this chapter--
(1) "wire communication" means any aural transfer
made in whole or in part through the use of facilities 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 communications or communications affecting interstate
or foreign commerce;
(2) "oral communication" means any oral communication
uttered by a person exhibiting an expectation that such communication
is not subject to interception under circumstances justifying
such expectation, but such term does not include any electronic
communication;
(3) "State" means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United States;
(4) "intercept" means the aural or other acquisition
of the contents of any wire, electronic, or oral communication
through the use of any electronic, mechanical, or other device.
(5) "electronic, mechanical, or other device" means
any device or apparatus which can be used to intercept a wire,
oral, or electronic communication other than--
(a) any telephone or telegraph instrument, equipment
or facility, or any component thereof, (i) furnished 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 furnished 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 ordinary course of
its business, or by an investigative or 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;
(6) "person" means any employee, or agent of
the United States or any State or political subdivision thereof,
and any individual, partnership, association, joint stock company,
trust, or corporation;
(7) "Investigative or law enforcement officer" means
any officer of the United States or of a State or political subdivision
thereof, who is empowered by law to conduct investigations of
or to make arrests for offenses enumerated in this chapter, and
any attorney authorized by law to prosecute or participate in
the prosecution of such offenses;
(8) "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) "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 jurisdiction
of a State who is authorized by a statute of that State to
enter orders authorizing interceptions of wire, oral, or electronic
communications;
(10) "communication common carrier" has the
meaning given that term in section 3 of the Communications Act
of 1934;
(11) "aggrieved person" means a person who
was a party to any intercepted wire, oral, or electronic communication
or a person against whom the interception was directed;
(12) "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 commerce, but does not include--
(A) any wire or oral communication;
(B) any communication made through a tone-only paging
device;
(C) any communication from a tracking device (as defined
in section 3117 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) "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 wire or electronic communications,
and any computer facilities or related electronic equipment for
the electronic 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;
(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 communication;
(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 transmission
thereof; and
(B) any storage of such communication by an electronic
communication service for purposes of backup protection of
such communication;
(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;
(19) "foreign intelligence information", for
purposes of section 2517(6) of this title, 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 foreign power;
(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a
foreign power; or
(B) information, whether or not 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) "protected computer" has the meaning set
forth in section 1030; and
(21) "computer trespasser"--
(A) means a person who accesses a protected computer
without authorization and thus has no reasonable expectation
of privacy in any communication transmitted to, through, or
from the protected computer; and
(B) does not include a person known by the owner or
operator of the protected computer to have an existing contractual
relationship with the owner or operator of the protected computer
for access to all or part of the protected computer.
§ 2511. Interception and disclosure
of wire, oral, or electronic communications prohibited
(1) Except as otherwise specifically provided in this
chapter any person who--
(a) intentionally intercepts, endeavors to intercept,
or procures any other person to intercept or endeavor to intercept,
any wire, oral, or electronic communication;
(b) intentionally uses, endeavors to use, or procures
any other person to use or endeavor to use any electronic,
mechanical, or other device to intercept any oral communication
when--
(i) such device is affixed to, or otherwise transmits
a signal through, a wire, cable, or other like connection
used in wire communication; or
(ii) such device transmits communications by radio,
or interferes with the transmission of such communication;
or
(iii) such person knows, or has reason to know, that
such device or any component thereof has been sent through
the mail or transported in interstate or foreign commerce;
or
(iv) such use or endeavor to use (A) takes place
on the premises of any business or other commercial establishment
the operations of which affect interstate or foreign commerce;
or (B) obtains or is for the purpose of obtaining information
relating to the operations of any business or other commercial
establishment the operations of which affect interstate or
foreign commerce; or
(v) such person acts in the District of Columbia,
the Commonwealth of Puerto Rico, or any territory or possession
of the United States;
(c) intentionally discloses, or endeavors to disclose,
to any other person the contents of any wire, oral, or electronic
communication, knowing or having reason to know that the information
was obtained through the interception of a wire, oral, or electronic
communication in violation of this subsection;
(d) intentionally uses, or endeavors to use, the contents
of any wire, oral, or electronic communication, knowing or
having reason to know that the information was obtained through
the interception of a wire, oral, or electronic communication
in violation of this subsection; or
(e) (i) intentionally discloses, or endeavors to disclose,
to any other person the contents of any wire, oral, or electronic
communication, intercepted by means authorized by sections
2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518
of this chapter, (ii) knowing or having reason to know that
the information was obtained through the interception of such
a communication in connection with a criminal investigation,
(iii) having obtained or received the information in connection
with a criminal investigation, and (iv) with intent to improperly
obstruct, impede, or interfere with a duly authorized criminal
investigation,
shall be punished as provided in subsection (4) or shall be subject to suit
as provided in subsection (5).
(2)(a)(i) It shall not be unlawful under this chapter
for an operator of a switchboard, or an officer, employee, or
agent of a provider of wire or electronic communication service,
whose facilities are used in the transmission of a wire or electronic
communication, to intercept, disclose, or use that communication
in the normal course of his employment while engaged in any activity
which is a necessary incident to the rendition of his service
or to the protection of the rights or property of the provider
of that service, except that a provider of wire communication
service to the public shall not utilize service observing or
random monitoring except for mechanical or service quality control
checks.
(ii) Notwithstanding any other law, providers of wire
or electronic communication service, their officers, employees,
and agents, landlords, custodians, or other persons, are authorized
to provide information, facilities, or technical assistance
to persons authorized by law to intercept wire, oral, or electronic
communications or to conduct electronic surveillance, as defined
in section 101 of the Foreign Intelligence Surveillance Act
of 1978, if such provider, its officers, employees, or agents,
landlord, custodian, or other specified person, has been provided
with--
(A) a court order directing such assistance signed
by the authorizing judge, or
(B) a certification in writing by a person specified
in section 2518(7) of this title or the Attorney General
of the United States that no warrant or court order is required
by law, that all statutory requirements have been met, and
that the specified assistance is required,
setting forth the period of time during which the provision
of the information, facilities, or technical assistance is
authorized and specifying the information, facilities, or technical
assistance required. No provider of wire or electronic communication
service, officer, employee, or agent thereof, or landlord,
custodian, or other specified person shall disclose the existence
of any interception or surveillance or the device used to accomplish
the interception or surveillance with respect to which the
person has been furnished a court order or certification under
this chapter, except as may otherwise be required by legal
process and then only after prior notification to the Attorney
General or to the principal prosecuting attorney of a State
or any political subdivision of a State, as may be appropriate.
Any such disclosure, shall render such person liable for the
civil damages provided for in section 2520. No cause of action
shall lie in any court against any provider of wire or electronic
communication service, its officers, employees, or agents,
landlord, custodian, or other specified person for providing
information, facilities, or assistance in accordance with the
terms of a court order, statutory authorization, or certification
under this chapter.
(b) It shall not be unlawful under this chapter for
an officer, employee, or agent of the Federal Communications
Commission, in the normal course of his employment and in discharge
of the monitoring responsibilities exercised by the Commission
in the enforcement of chapter 5 of title 47 of the United States
Code, to intercept a wire or electronic communication, or oral
communication transmitted by radio, or to disclose or use the
information thereby obtained.
(c) It shall not be unlawful under this chapter for
a person acting under color of law to intercept a wire, oral,
or electronic communication, where such person is a party to
the communication or one of the parties to the communication
has given prior consent to such interception.
(d) It shall not be unlawful under this chapter for
a person not acting under color of law to intercept a wire,
oral, or electronic communication where such person is a party
to the communication or where one of the parties to the communication
has given prior consent to such interception unless such communication
is intercepted for the purpose of committing any criminal or
tortious act in violation of the Constitution or laws of the
United States or of any State.
(e) Notwithstanding any other provision of this title
or section 705 or 706 of the Communications Act of 1934, it
shall not be unlawful for an officer, employee, or agent of
the United States in the normal course of his official duty
to conduct electronic surveillance, as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978, as authorized
by that Act.
(f) Nothing contained in this chapter or chapter 121
or 206 of this title, or section 705 of the Communications
Act of 1934, shall be deemed to affect the acquisition by the
United States Government of foreign intelligence information
from international or foreign communications, or foreign intelligence
activities conducted in accordance with otherwise applicable
Federal law involving a foreign electronic communications system,
utilizing a means other than electronic surveillance as defined
in section 101 of the Foreign Intelligence Surveillance Act
of 1978, and procedures in this chapter or chapter 121 and
the Foreign Intelligence Surveillance Act of 1978 shall be
the exclusive means by which electronic surveillance, as defined
in section 101 of such Act, and the interception of domestic
wire, oral, and electronic communications may be conducted.
(g) It shall not be unlawful under this chapter or
chapter 121 of 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--
(I) by any station for the use of the general public,
or that relates to ships, aircraft, vehicles, or persons
in 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
Act of 1934; or
(II) is excepted from the application of section
705(a) of the Communications Act of 1934 by section 705(b)
of that Act;
(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 utilizes
frequencies monitored by individuals engaged in the provision
or the use of such system, if such communication is not scrambled
or encrypted.
(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 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.
(i) It shall not be unlawful under this chapter for
a person acting under color of law to intercept the wire or
electronic communications of a computer trespasser transmitted
to, through, or from the protected computer, if--
(I) the owner or operator of the protected computer
authorizes the interception of the computer trespasser's
communications on the protected computer;
(II) the person acting under color of law is lawfully
engaged in an investigation;
(III) the person acting under color of law has
reasonable grounds to believe that the contents of the
computer trespasser's communications will be relevant to
the investigation; and
(IV) such interception does not acquire communications
other than those transmitted to or from the computer trespasser.
(3)(a) Except as provided in paragraph (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 communication or an agent of such addressee or intended
recipient.
(b) 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(2)(a)
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
provider and which appear to pertain to the commission of
a crime, if such divulgence is made to a law enforcement
agency.
(4)(a) 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) 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
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.
[(c) Redesignated (b)]
(5)(a)(i) 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 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 appropriate 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.
(b) The court may use any means within its authority
to enforce an injunction issued under paragraph (ii)(A), and
shall impose a civil fine of not less than $500 for each violation
of such an injunction.
§ 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 the content of the advertisement and 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.
§ 2513. Confiscation of wire, oral, or electronic
communication intercepting devices
Any electronic, mechanical, or other device used, sent, carried,
manufactured, assembled, possessed, sold, or advertised in violation
of section 2511 or section 2512 of this chapter may be seized and
forfeited to the United States. All provisions of law relating
to (1) the seizure, summary and judicial forfeiture, and condemnation
of vessels, vehicles, merchandise, and baggage for violations of
the customs laws contained in title 19 of the United States Code,
(2) the disposition of such vessels, vehicles, merchandise, and
baggage or the proceeds from the sale thereof, (3) the remission
or mitigation of such forfeiture, (4) the compromise of claims,
and (5) the award of compensation to informers in respect of such
forfeitures, shall apply to seizures and forfeitures incurred,
or alleged to have been incurred, under the provisions of this
section, insofar as applicable and not inconsistent with the provisions
of this section; except that such duties as are imposed upon the
collector of customs or any other person with respect to the seizure
and forfeiture of vessels, vehicles, merchandise, and baggage under
the provisions of the customs laws contained in title 19 of the
United States Code shall be performed with respect to seizure and
forfeiture of electronic, mechanical, or other intercepting devices
under this section by such officers, agents, or other persons as
may be authorized or designated for that purpose by the Attorney
General.
§ 2515. Prohibition of use as evidence of intercepted
wire or oral communications
Whenever any wire or oral communication has been intercepted,
no part of the contents of such communication and no evidence derived
therefrom may be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision
thereof if the disclosure of that information would be in violation
of this chapter.
§ 2516. Authorization for interception of wire, oral,
or electronic communications
(1) The Attorney General, Deputy Attorney General, Associate
Attorney General, or any Assistant Attorney General, any acting
Assistant Attorney General, or any Deputy Assistant Attorney
General or acting Deputy Assistant Attorney General in the Criminal
Division specially designated by the Attorney General, may authorize
an application to a Federal judge of competent jurisdiction for,
and such judge may grant in conformity with section 2518 of this
chapter an order authorizing or approving the interception of
wire or oral communications by the Federal Bureau of Investigation,
or a Federal agency 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--
(a) any offense punishable by death or by imprisonment
for more than one year under sections 2274 through 2277 of
title 42 of the United States Code (relating to the enforcement
of the Atomic Energy Act of 1954), section 2284 of title 42
of the United States Code (relating to sabotage of nuclear
facilities or fuel), or under the following chapters of this
title: chapter 37 (relating to espionage), chapter 55 (relating
to kidnapping), chapter 90 (relating to protection of trade
secrets), chapter 105 (relating to sabotage), chapter 115 (relating
to treason), chapter 102 (relating to riots), chapter 65 (relating
to malicious mischief), chapter 111 (relating to destruction
of vessels), or chapter 81 (relating to piracy);
(b) a violation of section 186 or section 501(c) of
title 29, United States Code (dealing with restrictions on
payments and loans to labor organizations), or any offense
which involves murder, kidnapping, robbery, or extortion, and
which is punishable under this title;
(c) any offense which is punishable under the following
sections of this title: section 201 (bribery of public officials
and witnesses), section 215 (relating to bribery of bank officials),
section 224 (bribery in sporting contests), subsection (d),
(e), (f), (g), (h), or (i) of section 844 (unlawful use of
explosives), section 1032 (relating to concealment of assets),
section 1084 (transmission of wagering information), section
751 (relating to escape), section 1014 (relating to loans and
credit applications generally; renewals and discounts), sections
1503, 1512, and 1513 (influencing or injuring an officer, juror,
or witness generally), section 1510 (obstruction of criminal
investigations), section 1511 (obstruction of State or local
law enforcement), section 1591 (sex trafficking of children
by force, fraud, or coercion), section 1751 (Presidential and
Presidential staff assassination, kidnapping, and assault),
section 1951 (interference with commerce by threats or violence),
section 1952 (interstate and foreign travel or transportation
in aid of racketeering enterprises), section 1958 (relating
to use of interstate commerce facilities in the commission
of murder for hire), section 1959 (relating to violent crimes
in aid of racketeering activity), section 1954 (offer, acceptance,
or solicitation to influence operations of employee benefit
plan), section 1955 (prohibition of business enterprises of
gambling), section 1956 (laundering of monetary instruments),
section 1957 (relating to engaging in monetary transactions
in property derived from specified unlawful activity), section
659 (theft from interstate shipment), section 664 (embezzlement
from pension and welfare funds), section 1343 (fraud by wire,
radio, or television), section 1344 (relating to bank fraud),
sections 2251 and 2252 (sexual exploitation of children), section
2251A (selling or buying of children), section 2252A (relating
to material constituting or containing child pornography),
section 1466A (relating to child obscenity), section 2260 (production
of sexually explicit depictions of a minor for importation
into the United States), sections 2421, 2422, 2423, and 2425
(relating to transportation for illegal sexual activity and
related crimes), sections 2312, 2313, 2314, and 2315 (interstate
transportation of stolen property), section 2321 (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(b)(3) (relating to witness relocation and assistance),
section 32 (relating to destruction of aircraft or aircraft
facilities), section 38 (relating to aircraft parts fraud),
section 1963 (violations with respect to racketeer influenced
and corrupt organizations), section 115 (relating to threatening
or retaliating against a Federal official), section 1341 (relating
to mail fraud), a felony violation of section 1030 (relating
to computer fraud and abuse), section 351 (violations with
respect to congressional, Cabinet, or Supreme Court assassinations,
kidnapping, and assault), section 831 (relating to prohibited
transactions involving nuclear materials), section 33 (relating
to destruction of motor vehicles or motor vehicle facilities),
section 175 (relating to biological weapons), section 1992
(relating to wrecking trains), a felony violation of section
1028 (relating to production of false identification documentation),
section 1425 (relating to the procurement of citizenship or
nationalization unlawfully), section 1426 (relating to the
reproduction of naturalization or citizenship papers), section
1427 (relating to the sale of naturalization or citizenship
papers), section 1541 (relating to passport issuance without
authority), section 1542 (relating to false statements in passport
applications), section 1543 (relating to forgery or false use
of passports), section 1544 (relating to misuse of passports),
or section 1546 (relating to fraud and misuse of visas, permits,
and other documents);
(d) any offense involving counterfeiting punishable
under section 471, 472, or 473 of this title;
(e) any offense involving fraud connected with a case
under title 11 or the manufacture, importation, receiving,
concealment, buying, selling, or otherwise dealing in narcotic
drugs, marihuana, or other dangerous drugs, punishable under
any law of the United States;
(f) any offense including extortionate credit transactions
under sections 892, 893, or 894 of this title;
(g) a violation of section 5322 of title 31, United
States Code (dealing with the reporting of currency transactions);
(h) any felony violation of sections 2511 and 2512
(relating to interception and disclosure of certain communications
and to certain intercepting devices) of this title;
(i) any felony violation of chapter 71 (relating to
obscenity) of this title;
(j) any violation of section 60123(b) (relating to
destruction of a natural gas pipeline) or section 46502 (relating
to aircraft piracy) of title 49;
(k) any criminal violation of section 2778 of title
22 (relating to the Arms Export Control Act);
(l) the location of any fugitive from justice from
an offense described in this section;
(m) a violation of section 274, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328)
(relating to the smuggling of aliens);
(n) any felony violation of sections 922 and 924 of
title 18, United States Code (relating to firearms);
(o) any violation of section 5861 of the Internal Revenue
Code of 1986 (relating to firearms);
(p) a felony violation of section 1028 (relating to
production of false identification documents), section 1542
(relating to false statements in passport applications), section
1546 (relating to fraud and misuse of visas, permits, and other
documents) of this title or a violation of section 274, 277,
or 278 of the Immigration and Nationality Act (relating to
the smuggling of aliens);
(q) any criminal violation of section 229 (relating
to chemical weapons); or sections 2332, 2332a, 2332b, 2332d,
2332f, 2339A, 2339B, or 2339C of this title (relating to terrorism);
or
(r) any conspiracy to commit any offense described
in any subparagraph of this paragraph.
(2) The principal prosecuting attorney of any State,
or the principal prosecuting attorney of any political subdivision
thereof, if such attorney is authorized by a statute of that
State to make application to a State court judge of competent
jurisdiction for an order authorizing or approving the interception
of wire, oral, or electronic communications, may apply to such
judge for, and such judge may grant in conformity with section
2518 of this chapter and with the applicable State statute an
order authorizing, or approving the interception of wire, oral,
or electronic communications by investigative or law enforcement
officers 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 the commission of the offense
of murder, kidnapping, gambling, robbery, bribery, extortion,
or dealing in narcotic drugs, marihuana or other dangerous drugs,
or other crime dangerous to life, limb, or property, and punishable
by imprisonment for more than one year, designated in any applicable
State statute authorizing such interception, or any conspiracy
to commit any of the foregoing offenses.
(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.
§ 2517. Authorization for disclosure and use of intercepted
wire, oral, or electronic communications
(1) Any investigative or law enforcement officer who,
by any means authorized by this chapter, has obtained knowledge
of the contents of any wire, oral, or electronic communication,
or evidence derived therefrom, may disclose such contents to
another investigative or law enforcement officer to the extent
that such disclosure is appropriate to the proper performance
of the official duties of the officer making or receiving the
disclosure.
(2) Any investigative or law enforcement officer who,
by any means authorized by this chapter, has obtained knowledge
of the contents of any wire, oral, or electronic communication
or evidence derived therefrom may use such contents to the extent
such use is appropriate to the proper performance of his official
duties.
(3) Any person who has received, by any means authorized
by this chapter, any information concerning a wire, oral, or
electronic communication, or evidence derived therefrom intercepted
in accordance with the provisions of this chapter may disclose
the contents of that communication or such derivative evidence
while giving testimony under oath or affirmation in any proceeding
held under the authority of the United States or of any State
or political subdivision thereof.
(4) No otherwise privileged wire, oral, or electronic
communication intercepted in accordance with, or in violation
of, the provisions of this chapter shall lose its privileged
character.
(5) When an investigative or law enforcement officer,
while engaged in intercepting wire, oral, or electronic communications
in the manner authorized herein, intercepts wire, oral, or electronic
communications relating to offenses other than those specified
in the order of authorization or approval, the contents thereof,
and evidence derived therefrom, may be disclosed or used as provided
in subsections (1) and (2) of this section. Such contents and
any evidence derived therefrom may be used under subsection (3)
of this section when authorized or approved by a judge of competent
jurisdiction where such judge finds on subsequent application
that the contents were otherwise intercepted in accordance with
the provisions of this chapter. Such application shall be made
as soon as practicable.
(6) Any investigative or law enforcement officer, or
attorney for the Government, who by any means authorized by this
chapter, has obtained knowledge of the contents of any wire,
oral, or electronic communication, or evidence derived therefrom,
may disclose such contents to any other Federal law enforcement,
intelligence, protective, immigration, national defense, or national
security official to the extent that such contents include foreign
intelligence or counterintelligence (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign
intelligence information (as defined in subsection (19) of section
2510 of this title), to assist the official who is to receive
that information in the performance of his official duties. Any
Federal official who receives information pursuant to this provision
may use that information only as necessary in the conduct of
that person's official duties subject to any limitations on the
unauthorized disclosure of such information.
(7) Any investigative or law enforcement officer, or
other Federal official in carrying out official duties as such
Federal official, who by any means authorized by this chapter,
has obtained knowledge of the contents of any wire, oral, or
electronic communication, or evidence derived therefrom, may
disclose such contents or derivative evidence to a foreign investigative
or law enforcement officer to the extent that such disclosure
is appropriate to the proper performance of the official duties
of the officer making or receiving the disclosure, and foreign
investigative or law enforcement officers may use or disclose
such contents or derivative evidence to the extent such use or
disclosure is appropriate to the proper performance of their
official duties.
(8) Any investigative or law enforcement officer, or
other Federal official in carrying out official duties as such
Federal official, who by any means authorized by this chapter,
has obtained knowledge of the contents of any wire, oral, or
electronic communication, or evidence derived therefrom, may
disclose such contents or derivative evidence to any appropriate
Federal, State, local, or foreign government official to the
extent that such contents or derivative evidence reveals a threat
of actual or potential attack or other grave hostile acts of
a foreign power or an agent of a foreign power, domestic or international
sabotage, domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence service
or network of a foreign power or by an agent of a foreign power,
within the United States or elsewhere, for the purpose of preventing
or responding to such a threat. Any official who receives information
pursuant to this provision may use that information only as necessary
in the conduct of that person's official duties subject to any
limitations on the unauthorized disclosure of such information,
and any State, local, or foreign official who receives information
pursuant to this provision may use that information only consistent
with such guidelines as the Attorney General and Director of
Central Intelligence shall jointly issue.
§ 2518. Procedure for interception of wire, oral,
or electronic communications
(1) Each application for an order authorizing or approving
the interception of a wire, oral, or electronic communication
under this chapter shall be made in writing upon oath or affirmation
to a judge of competent jurisdiction and shall state the applicant's
authority to make such application. Each application shall
include the following information:
(a) the identity of the investigative or law enforcement
officer making the application, and the officer authorizing
the application;
(b) a full and complete statement of the facts and
circumstances relied upon by the applicant, to justify his
belief that an order should be issued, including (i) details
as to the particular offense that has been, is being, or is
about to be committed, (ii) except as provided in subsection
(11), a particular description of the nature and location of
the facilities from which or the place where the communication
is to be intercepted, (iii) a particular description of the
type of communications sought to be intercepted, (iv) the identity
of the person, if known, committing the offense and whose communications
are to be intercepted;
(c) a full and complete statement as to whether or
not other investigative procedures have been tried and failed
or why they reasonably appear to be unlikely to succeed if
tried or to be too dangerous;
(d) a statement of the period of time for which the
interception is required to be maintained. If the nature of
the investigation is such that the authorization for interception
should not automatically terminate when the described type
of communication has been first obtained, a particular description
of facts establishing probable cause to believe that additional
communications of the same type will occur thereafter;
(e) a full and complete statement of the facts concerning
all previous applications known to the individual authorizing
and making the application, made to any judge for authorization
to intercept, or for approval of interceptions of, wire, oral,
or electronic communications involving any of the same persons,
facilities or places specified in the application, and the
action taken by the judge on each such application; and
(f) where the application is for the extension of an
order, a statement setting forth the results thus far obtained
from the interception, or a reasonable explanation of the failure
to obtain such results.
(2) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of the application.
(3) Upon such application the judge may enter an ex parte
order, as requested or as modified, authorizing or approving
interception of wire, oral, or electronic communications within
the territorial jurisdiction of the court in which the judge
is sitting (and outside that jurisdiction but within the United
States in the case of a mobile interception device authorized
by a Federal court within such jurisdiction), if the judge determines
on the basis of the facts submitted by the applicant that--
(a) there is probable cause for belief that an individual
is committing, has committed, or is about to commit a particular
offense enumerated in section 2516 of this chapter;
(b) there is probable cause for belief that particular
communications concerning that offense will be obtained through
such interception;
(c) normal investigative procedures have been tried
and have failed or reasonably appear to be unlikely to succeed
if tried or to be too dangerous;
(d) except as provided in subsection (11), there is
probable cause for belief that the facilities from which, or
the place where, the wire, oral, or electronic communications
are to be intercepted are being used, or are about to be used,
in connection with the commission of such offense, or are leased
to, listed in the name of, or commonly used by such person.
(4) Each order authorizing or approving the interception
of any wire, oral, or electronic communication under this chapter
shall specify--
(a) the identity of the person, if known, whose communications
are to be intercepted;
(b) the nature and location of the communications facilities
as to which, or the place where, authority to intercept is
granted;
(c) a particular description of the type of communication
sought to be intercepted, and a statement of the particular
offense to which it relates;
(d) the identity of the agency authorized to intercept
the communications, and of the person authorizing the application;
and
(e) the period of time during which such interception
is authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained.
An order authorizing the interception of a wire, oral, or
electronic communication under this chapter shall, upon request
of the applicant, direct that a provider of wire or electronic
communication service, landlord, custodian or other person
shall furnish the applicant forthwith all information, facilities,
and technical assistance necessary to accomplish the interception
unobtrusively and with a minimum of interference with the services
that such service provider, landlord, custodian, or person
is according the person whose communications are to be intercepted.
Any provider of wire or electronic communication service, landlord,
custodian or other person furnishing such facilities or technical
assistance shall be compensated therefor by the applicant for
reasonable expenses incurred in providing such facilities or
assistance. Pursuant to section 2522 of this chapter, an order
may also be issued to enforce the assistance capability and
capacity requirements under the Communications Assistance for
Law Enforcement Act.
(5) No order entered under this section may authorize
or approve the interception of any wire, oral, or electronic
communication for any period longer than is necessary to achieve
the objective of the authorization, nor in any event longer than
thirty days. 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. Extensions of an order may be
granted, but only upon application for an extension made in accordance
with subsection (1) of this section and the court making the
findings required by subsection (3) of this section. The period
of extension shall be no longer than the authorizing judge deems
necessary to achieve the purposes for which it was granted and
in no event for longer than thirty days. Every order and extension
thereof shall contain a provision that the authorization to intercept
shall be executed as soon as practicable, shall be conducted
in such a way as to minimize the interception of communications
not otherwise subject to interception under this chapter, and
must terminate upon attainment of the authorized objective, or
in any event in thirty days. 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 supervision of an investigative or law enforcement
officer authorized to conduct the interception.
(6) Whenever an order authorizing interception is entered
pursuant to this chapter, the order may require reports to be
made to the judge who issued the order showing what progress
has been made toward achievement of the authorized objective
and the need for continued interception. Such reports shall be
made at such intervals as the judge may require.
(7) Notwithstanding any other provision of this chapter,
any investigative or law enforcement officer, specially designated
by the Attorney General, the Deputy Attorney General, the Associate
Attorney General, or by the principal prosecuting attorney of
any State or subdivision thereof acting pursuant to a statute
of that State, who reasonably determines that--
(a) an emergency situation exists that involves--
(i) immediate danger of death or serious physical
injury to any person,
(ii) conspiratorial activities threatening the national
security interest, or
(iii) conspiratorial activities characteristic of
organized crime,
that requires a wire, oral, or electronic communication to be intercepted
before an order authorizing such interception can, with due diligence,
be obtained, and
(b) there are grounds upon which an order could be
entered under this chapter to authorize such interception,
may intercept such wire, oral, or electronic communication if
an application for an order approving the interception is made
in accordance with this section within forty-eight hours after
the interception has occurred, or begins to occur. In the absence
of an order, such interception shall immediately terminate when
the communication sought is obtained or when the application
for the order is denied, whichever is earlier. In the event such
application for approval is denied, or in any other case where
the interception is terminated without an order having been issued,
the contents of any wire, oral, or electronic communication intercepted
shall be treated as having been obtained in violation of this
chapter, and an inventory shall be served as provided for in
subsection (d) of this section on the person named in the application.
(8) (a) The contents of any wire, oral, or electronic
communication intercepted by any means authorized by this chapter
shall, if possible, be recorded on tape or wire or other comparable
device. The recording of the contents of any wire, oral, or electronic
communication under this subsection shall be done in such a way
as will protect the recording from editing or other alterations.
Immediately upon the expiration of the period of the order, or
extensions thereof, such recordings shall be made available to
the judge issuing such order and sealed under his directions.
Custody of the recordings shall be wherever the judge orders.
They shall not be destroyed except upon an order of the issuing
or denying judge and in any event shall be kept for ten years.
Duplicate recordings may be made for use or disclosure pursuant
to the provisions of subsections (1) and (2) of section 2517
of this chapter for investigations. The presence of the seal
provided for by this subsection, or a satisfactory explanation
for the absence thereof, shall be a prerequisite for the use
or disclosure of the contents of any wire, oral, or electronic
communication or evidence derived therefrom under subsection
(3) of section 2517.
(b) Applications made and orders granted under this
chapter shall be sealed by the judge. Custody of the applications
and orders shall be wherever the judge directs. Such applications
and orders shall be disclosed only upon a showing of good cause
before a judge of competent jurisdiction and shall not be destroyed
except on order of the issuing or denying judge, and in any
event shall be kept for ten years.
(c) Any violation of the provisions of this subsection
may be punished as contempt of the issuing or denying judge.
(d) Within a reasonable time but not later than ninety
days after the filing of an application for an order of approval
under section 2518(7)(b) which is denied or the termination
of the period of an order or extensions thereof, the issuing
or denying judge shall cause to be served, on the persons named
in the order or the application, and such other parties to
intercepted communications as the judge may determine in his
discretion that is in the interest of justice, an inventory
which shall include notice of--
(1) the fact of the entry of the order or the application;
(2) the date of the entry and the period of authorized,
approved or disapproved interception, or the denial of the
application; and
(3) the fact that during the period wire, oral, or
electronic communications were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion
make available to such person or his counsel for inspection
such portions of the intercepted communications, applications
and orders as the judge determines to be in the interest of
justice. On an ex parte showing of good cause to a judge of
competent jurisdiction the serving of the inventory required
by this subsection may be postponed.
(9) The contents of any wire, oral, or electronic communication
intercepted pursuant to this chapter or evidence derived therefrom
shall not be received in evidence or otherwise disclosed in any
trial, hearing, or other proceeding in a Federal or State court
unless each party, not less than ten days before the trial, hearing,
or proceeding, has been furnished with a copy of the court order,
and accompanying application, under which the interception was
authorized or approved. This ten-day period may be waived by
the judge if he finds that it was not possible to furnish the
party with the above information ten days before the trial, hearing,
or proceeding and that the party will not be prejudiced by the
delay in receiving such information.
(10)(a) Any aggrieved person in any trial, hearing, or
proceeding in or before any court, department, officer, agency,
regulatory body, or other authority of the United States, a State,
or a political subdivision thereof, may move to suppress the
contents of any wire or oral communication intercepted pursuant
to this chapter, or evidence derived therefrom, on the grounds
that--
(i) the communication was unlawfully intercepted;
(ii) the order of authorization or approval under
which it was intercepted is insufficient on its face; or
(iii) the interception was not made in conformity
with the order of authorization or approval.
Such motion shall be made before the trial, hearing, or proceeding
unless there was no opportunity to make such motion or the
person was not aware of the grounds of the motion. If the motion
is granted, the contents of the intercepted wire or oral communication,
or evidence derived therefrom, shall be treated as having been
obtained in violation of this chapter. The judge, upon the
filing of such motion by the aggrieved person, may in his discretion
make available to the aggrieved person or his counsel for inspection
such portions of the intercepted communication or evidence
derived therefrom as the judge determines to be in the interests
of justice.
(b) In addition to any other right to appeal, the United
States shall have the right to appeal from an order granting
a motion to suppress made under paragraph (a) of this subsection,
or the denial of an application for an order of approval, if
the United States attorney shall certify to the judge or other
official granting such motion or denying such application that
the appeal is not taken for purposes of delay. Such appeal
shall be taken within thirty days after the date the order
was entered and shall be diligently prosecuted.
(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 nonconstitutional
violations of this chapter involving such communications.
(11) The requirements of subsections (1)(b)(ii) and (3)(d)
of this section relating to the specification of the facilities
from which, or the place where, the communication is to be intercepted
do not apply if--
(a) in the case of an application with respect to the
interception of an oral communication--
(i) the application is by a Federal investigative
or law enforcement officer and is approved by the Attorney
General, 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
statement 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 practical; 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
General, 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 that
there is probable cause to believe that the person's actions
could have the effect of thwarting interception from a specified
facility;
(iii) the judge finds that such showing has been
adequately made; and
(iv) the order authorizing or approving the interception
is limited to interception only for such time as it is reasonable
to presume that the person identified in the application
is or was reasonably proximate to the instrument through
which such communication will be or was transmitted.
(12) An interception of a communication under an order
with respect to which the requirements of subsections (1)(b)(ii)
and (3)(d) of this section do not apply by reason of subsection
(11)(a) shall not begin until the place where the communication
is to be intercepted is ascertained by the person implementing
the interception order. A provider of wire or electronic communications
service that has received an order as provided for in subsection
(11)(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.
§ 2519. Reports concerning intercepted wire, oral,
or electronic communications
(1) Within thirty days after the expiration of an order
(or each extension thereof) entered under section 2518, or the
denial of an order approving an interception, the issuing or
denying judge shall report to the Administrative Office of the
United States Courts--
(a) the fact that an order or extension was applied
for;
(b) the kind of order or extension applied for (including
whether or not the order was an order with respect to which
the requirements of sections 2518(1)(b)(ii) and 2518(3)(d)
of this title did not apply by reason of section 2518(11) of
this title);
(c) the fact that the order or extension was granted
as applied for, was modified, or was denied;
(d) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
(e) the offense specified in the order or application,
or extension of an order;
(f) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application; and
(g) the nature of the facilities from which or the
place where communications were to be intercepted.
(2) In January of each year the Attorney General, an
Assistant Attorney General specially designated by the Attorney
General, or the principal prosecuting attorney of a State, or
the principal prosecuting attorney for any political subdivision
of a State, shall report to the Administrative Office of the
United States Courts--
(a) the information required by paragraphs (a) through
(g) of subsection (1) of this section with respect to each
application for an order or extension made during the preceding
calendar year;
(b) a general description of the interceptions made
under such order or extension, including (i) the approximate
nature and frequency of incriminating communications intercepted,
(ii) the approximate nature and frequency of other communications
intercepted, (iii) the approximate number of persons whose
communications were intercepted, (iv) the number of orders
in which encryption was encountered and whether such encryption
prevented law enforcement from obtaining the plain text of
communications intercepted pursuant to such order, and (v)
the approximate nature, amount, and cost of the manpower and
other resources used in the interceptions;
(c) the number of arrests resulting from interceptions
made under such order or extension, and the offenses for which
arrests were made;
(d) the number of trials resulting from such interceptions;
(e) the number of motions to suppress made with respect
to such interceptions, and the number granted or denied;
(f) the number of convictions resulting from such interceptions
and the offenses for which the convictions were obtained and
a general assessment of the importance of the interceptions;
and
(g) the information required by paragraphs (b) through
(f) of this subsection with respect to orders or extensions
obtained in a preceding calendar year.
(3) In April of each year the Director of the Administrative
Office of the United States Courts shall transmit to the Congress
a full and complete report concerning the number of applications
for orders authorizing or approving the interception of wire,
oral, or electronic communications pursuant to this chapter and
the number of orders and extensions granted or denied pursuant
to this chapter during the preceding calendar year. Such report
shall include a summary and analysis of the data required to
be filed with the Administrative Office by subsections (1) and
(2) of this section. The Director of the Administrative Office
of the United States Courts is authorized to issue binding regulations
dealing with the content and form of the reports required to
be filed by subsections (1) and (2) of this section.
§ 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, other
than the United States, which engaged in that violation such
relief as may be appropriate.
(b) Relief.--In an 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 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
section, 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)
or 2511(2)(i) 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.
(f) Administrative discipline.--If a court or appropriate
department or agency determines that the United States or any
of its departments or agencies has violated any provision of
this chapter, and the court or appropriate department or agency
finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee
of the United States acted willfully or intentionally with respect
to the violation, the department or agency shall, upon receipt
of a true and correct copy of the decision and findings of the
court or appropriate department or agency promptly initiate a
proceeding to determine whether disciplinary action against the
officer or employee is warranted. If the head of the department
or agency involved determines that disciplinary action is not
warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall
provide the Inspector General with the reasons for such determination.
(g) Improper disclosure is violation.--Any willful disclosure
or use by an investigative or law enforcement officer or governmental
entity of information beyond the extent permitted by section
2517 is a violation of this chapter for purposes of section 2520(a).
§ 2521. Injunction against illegal interception
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 violation. 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 Procedure, except that, if an indictment
has been returned against the respondent, discovery is governed
by the Federal Rules of Criminal Procedure.
§ 2522. Enforcement of the Communications Assistance
for Law Enforcement Act
(a) Enforcement by court issuing surveillance order.--If
a court authorizing an interception under this chapter, a State
statute, or the Foreign Intelligence Surveillance Act of 1978
(50
U.S.C. 1801 et seq.) or authorizing use of a pen register
or a trap and trace device under chapter 206 or a State statute
finds that a telecommunications carrier has failed to comply
with the requirements of the Communications Assistance for Law
Enforcement Act, the court may, in accordance with section 108
of such Act, direct that the carrier comply forthwith and may
direct that a provider of support services to the carrier or
the manufacturer of the carrier's transmission or switching equipment
furnish forthwith modifications necessary for the carrier to
comply.
(b) Enforcement upon application by Attorney General.--The
Attorney General may, in a civil action in the appropriate United
States district court, obtain an order, in accordance with section
108 of the Communications Assistance for Law Enforcement Act,
directing that a telecommunications carrier, a manufacturer of
telecommunications transmission or switching equipment, or a
provider of telecommunications support services comply with such
Act.
(c) Civil penalty.--
(1) In general.--A court issuing an order under this
section against a telecommunications carrier, a manufacturer
of telecommunications transmission or switching equipment,
or a provider of telecommunications support services may impose
a civil penalty of up to $10,000 per day for each day in violation
after the issuance of the order or after such future date as
the court may specify.
(2) Considerations.--In determining whether to impose
a civil penalty and in determining its amount, the court shall
take into account--
(A) the nature, circumstances, and extent of the
violation;
(B) the violator's ability to pay, the violator's
good faith efforts to comply in a timely manner, any effect
on the violator's ability to continue to do business, the
degree of culpability, and the length of any delay in undertaking
efforts to comply; and
(C) such other matters as justice may require.
(d) Definitions.--As used in this section, the
terms defined in section 102 of the Communications Assistance
for Law Enforcement Act have the meanings provided, respectively,
in such section.
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