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TUCoPS :: Cyber Law :: ecpa2.txt

Electronic Communications Privacy Act Part 2




(i) any violation of section 1679a(c)(2) (relating to destruction 
of a natural gas pipeline) or subsection (i) or (n) of section 
1472 (relating to aircraft piracy) of title 49, of the United 
States Code;

(j) any criminal violation of section 2778 of title 22 (relating 
to the Arms Export Control Act); or

(k) the location of any fugitive from justice from an offense 
described in this section;

(l) any conspiracy to commit any of the foregoing offenses.

(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, kidnaping, 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, or order authorizing or approving the 
interception of electronic communications by an investigative or 
law enforcement officer having responsibility for the 
investigation of the offense 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 any 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.


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 t chapter;

(b) there is probable cause for brief 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.

/* If for any horrible reason a BBS is ever commanded to allow an 
electronic tapping of a user to take place, the agency who wishes 
to tap must pay the expenses of the tap. */

(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 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, and 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 then 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, oral, or electronic 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, oral, or electronic 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 --

(iv) 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;

(v) the application identifies the person believed to be 
committing the offense and whose communications are to be 
intercepted and the applicant makes a showing of a purpose, on 
the part of that person, to thwart interception by changing 
facilities; and

(vi) the judge finds that such purpose has been adequately shown.

(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) shall not begin until the facilities from which, or 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, and (iv) 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 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 $1,000.

(2) In any other action under this section, the court may assess 
as damages whichever is the greater of--

(A) the sum of the actual damages suffered by the plaintiff and 
any profits made by the violator as a result of the violation; or

(B) statutory damages of whichever is the greater of $100 a day 
for each day of violation or $10,000.

(d) DEFENSE.--A good faith reliance on--

(1) a court warrant or order, a grand jury subpoena, a 
legislative authorization, or a statutory authorization;

(2) a request of an investigative or law enforcement officer 
under section 2518(7) of this title; or

(3) a good faith determination that section 2511(3) of this title 
permitted the conduct complained of;

is a complete defense against any civil or criminal action 
brought under this chapter or any other law.

(e) LIMITATION.--A civil action under this section may not be 
commenced later than two years after the date upon which the 
claimant first has a reasonable opportunity to discover the 
violation.


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.

CHAPTER 121- STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL

RECORDS ACCESS

Sec.

2701. Unlawful access to stored communications.
2702. Disclosure of contents.
2703. Requirements for governmental access.
2704. Backup preservation.
2705. Delayed notice.
2706. Cost reimbursement.
2707. Civil action.
2708. Exclusivity of remedies.
2709. Counterintelligence access to telephone toll and 
transactional records.
2710. Definitions


2701. Unlawful access to stored communications

(a) OFFENSE.-- Except as provided in subsection (c) of this 
section whoever--

(1) intentionally accesses without authorization a facility 
through which an electronic communication service is provided; or

(2) intentionally exceeds an authorization to access that 
facility; and thereby obtains, alters, or prevents authorized 
access to a wire or electronic communication while it is in 
electronic storage in such system shall be punished as provided 
in subsection (b) of this section.

(b) PUNISHMENT.-- The punishment for an offense under subsection
(a) of this section is-

(1) if the offense is committed for purposes of commercial 
advantage, malicious destruction or damage, or private commercial 
gain--

(A) a fine of not more than $250,000 or imprisonment for not more 
than one year, or both, in the case of a first offense under this 
subparagraph; and

(B) a fine under this title or imprisonment for not more than two 
years, or both, for any subsequent offense under this 
subparagraph; and

(2) a fine of not more than $5,000 or imprisonment for not more 
than six months, or both, in any other case.

(c) EXCEPTIONS.-- Subsection (a) of this section does not apply 
with respect to conduct authorized--

(1) by the person or entity providing a wire or electronic 
communications service;

(2) by a user of that service with respect to a communication of 
or intended for that user; or

(3) in section 2703, 2704 or 2518 of this title.

2702. Disclosure of contents

(a) PROHIBITIONS.-- Except as provided in subsection (b)--

(1) a person or entity providing an electronic communication 
service to the public shall not knowingly divulge to any person 
or entity the contents of a communication while in electronic 
storage by that service; and

(2) a person or entity providing remote computing service to the 
public shall not knowingly divulge to any person or entity the 
contents of any communication which is carried or maintained on 
that service--

(A) on behalf of, and received by means of electronic 
transmission from (or created by means of computer processing of 
communications received by means of electronic transmission 
from), a subscriber or customer of such service; and

(B) solely for the purpose of providing storage or computer 
processing services to such subscriber or customer, if the 
provider is not authorized to access the contents of any such 
communications for purposes of providing any services other than 
storage or computer processing.

(b) EXCEPTIONS.-- A person or entity may divulge the contents of 
a communication--

(1) to an addressee or intended recipient of such communication 
or an agent of such addressee or intended recipient;

(2) as otherwise authorized in section 2516, 2511(2)(a), or 2703
 
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