Visit our newest sister site!
Hundreds of free aircraft flight manuals
Civilian • Historical • Military • Declassified • FREE!


TUCoPS :: Cyber Law :: ecpa1.txt

Electronic Communications Privacy Act Part 1




The Electronic Communication's
Privacy Act follows. This "Watergate" inspired statute affects 
BBS systems in many ways. The full annotated text follows. */

        CHAPTER 119 -- WIRE AND ELECTRONIC COMMUNICATIONS
      INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS

Sec.

2510. Definitions.

2511. Interception and disclosure of wire or oral
communications prohibited.

2512. Manufacture, distribution, possession, and advertising of
wire or oral communication intercepting devices prohibited.

2513. Confiscation of wire, oral, or electronic communication
intercepting devices.

2514. Immunity of witnesses.

2515. Prohibition of use as evidence of intercepted wire,
oral, or electronic communications.

2516. Authorization for interception of wire, oral, or  
electronic communications.

2517. Authorization for disclosure and use of intercepted wire,  
oral, or electronic communications.

2518. Procedure  for interception of wire, oral, or electronic 
communications.

2519. Reports concerning intercepted wire, oral or electronic 
communications.

2520. Recovery of civil damages authorized.

2521. Injunction against illegal interception.


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 and such term includes any electronic storage of 
such communication, 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;

/* Whenever the term "wire communication" is used, it will 
include communications on a BBS that is connected with the 
telephone system. Arguably interconnection of a private LAN 
would also meet this definitions since the communications of 
anyone in business will include an affect on interstate 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  
communications common carrier 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" shall have the same meaning  
which is given the term "common carrier" by section 153(h) of 
title 47 of the United States Code;

(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) the radio portion of a cordless telephone communication 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 defined in 
section 3117 of this title);

/* The definition of "electronic communication would include the
use of a modem to call a bulletin board system. */

(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;

/* All sections of this act are important, but this particular 
section means that an unauthorized user of a BBS is not a "user" 
under the ECPA. */

(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 electronic 
storage of such communications;

/* Therefore, the BBS computer is an electronic communications 
system. */

(15) "electronic communication service" means any service which 
provides to users thereof the ability to send or receive wire or 
electronic communications;

/* And, the act includes a BBS as an electronic communications 
service. */

(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

/* Storage of a message within a "quick" or other mail packet 
would qualify for this definition. */

(B) any storage of such communication by an electronic 
communication service for purposes of backup protection of such 
communication; and

/* The storage on a hard drive of a message on a BBS meets this 
definition. */

(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.

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 have reason to know that the 
information was obtained through the interception of a wire, 
oral, or electronic  communication in violation of this 
subsection; or

/* This section creates civil as well as criminal liability for 
attempting to disclose or disclosing electronic communications. 
Accordingly, these sections are a significant constraint on BBS 
systems. Many systems include an ECPA disclaimer which states 
something to the effect that "there aren't any private 
communications" on this system. 

(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;

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 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.

/* This section provides only a very limited exception to the 
general rule that communications may not be "intercepted." Since 
a BBS system which is not restricted to employees (therefore open 
to the public) can not intercept communications unless necessary 
to protect property rights, or for service quality control. */

(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 an order or certification under this 
subparagraph.

(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.

/* Although state laws can vary, under federal law a party can 
record a telephone or other conversation. However, a 
communications provider like a BBS is not a party to the message. 
*/

(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.

/* This section is relied upon by many BBS operators to avoid 
(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 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 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 and oral 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.

     (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)  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  paging   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 
                    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.

     (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 any advertisement of --

               (i)  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; 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 not more than $10,000 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 communications 
               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.



_ 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,  any  Assistant Attorney General,  any acting  Assistant 
          Attorney General, or any 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 of 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  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 murders,  kidnaping,  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  224  (bribery in  sporting  contests), 
               subsection (d),  (e),  (f),  (g), (h), or (i) of section 844 
               (unlawful use of explosives),  section 1084 (transmission of 
               wagering  information),  section  751 (relating to  escape), 
               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 
               1751  (Presidential  and Presidential  staff  assassination, 
               kidnaping,  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  1952A (relating to use of interstate 
               commerce  facilities in the commission of murder for  hire), 
               section  1952B  (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 
               2252  or 2253 (sexual exploitation  of  children),  sections 
               2251  and 2252 (sexual exploitation of  children),  sections 
               2312,  2313,  2314,  and  2315 (interstate transportation of 
               stolen  property),  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(b)(3) (relating to witness 
               relocation   and  assistance),   section  32  (relating   to 
               destruction  of aircraft or  aircraft  facilities),  section 
               1963  (violations  with respect to racketeer influenced  and 
               corrupt organizations), 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),  section  351 
               (violations  with  respect  to  congressional,  Cabinet,  or 
               Supreme  Court  assassinations,  kidnaping,  and  assault), 
               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);

          (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;

Downloaded From P-80 International Information Systems 304-744-2253



TUCoPS is optimized to look best in Firefox® on a widescreen monitor (1440x900 or better).
Site design & layout copyright © 1986-2014 AOH