Notes from Eric Poole, Sysop of Leo Technology BBS:
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Over the last couple of weeks, I've been calling around to CompuServe,
the Circuit Cellar INK BBS, and everywhere else I can think of, trying to
find the full text of the Electronic Communications Privacy Act of 1986.
The best I've been able to come up with so far are some excerpts from the
preliminary House of Representatives version.
Last night, October 7, 1988, someone (whose name I would like to
include here but I haven't yet gotten his permission to do so) called the
Leo Technology BBS for the first time out of the clear blue sky, long
distance from Washington to New Hampshire on his own nickel, went through
all the new-user questionnaires and stuff, and uploaded the full text of the
act, all hundred-some-odd-thousand bytes of it. So, here it is. Thanks to
the provider, (I'm sure it'd be OK to put his name here, but like I said, I
didn't yet get his permission to do so); it's guys like you that make all
this BBS sysoping stuff worth while!
I believe the contents of this file to be accurate, however, please,
before taking any action or making any decisions based upon what you read
in this file, CONFIRM THE LANGUAGE IN THIS FILE AGAINST AN OFFICIAL LEGAL
SOURCE, and if you aren't a lawyer, go get one.
Eric Poole, CIS 73127,2034
Sysop, Leo Technology BBS, Londonderry, NH
(603) 432-2517 300-1200-2400 8-N-1
7 days 24 hrs Full & free access first call
* * * * * * * * * * * * * * * * * * * * * * * * *
0188ibm021
February 2, 1987 (originally)
March 9, 1988 (reprint)
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I. CRIMES
Chapter Sec.
General provisions . . . . . . . . . . . . . . . . . . . . . . . 1
119. Wire and electronic communications interception and interception of
oral communications 2510
121. Stored Wire and Electronic Communications and Transactional Records
Access 2701
PART II. CRIMINAL PROCEDURE
201. General provisions . . . . . . . . . . . . . . . . . 3001
206. Pen Registers and Trap and Trace Devices . . . . . . 3121
CHAPTER 65 - MALICIOUS MISCHIEF
Sec.
1367. Interference with the operation of a satellite.
_ 1367. Interference with the operation of a satellite
(a) Whoever, without the authority of the satellite operator,
intentionally or maliciously interferes with the authorized
operation of a communications or weather satellite or obstructs
or hinders any satellite transmission shall be fined in
accordance with this title or imprisoned not more than ten years
of both.
(b) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency or of an intelligence agency of the United
States.
CHAPTER 109 - SEARCHES AND SEIZURES
_ 2232. Destruction or removal of property to prevent seizure
(a) Physical Interference With Search. -- Whoever, before, during, or
after seizure of any property by any person authorized to make
searches and seizures, in order to prevent the seizure or
securing of any goods, wares, or merchandise by such person,
staves, breaks, throws overboard, destroys, or removes the same,
shall be fined not more than $10,000 or imprisoned more than five
years, or both.
(b) Notice of Search. -- Whoever, having knowledge that any person
authorized to make searches and seizures has been authorized or
is otherwise likely to make a search or seizure, in order to
prevent the authorized seizing or securing of any person, goods,
wares, merchandise or other property, gives notice or attempts to
give notice of the possible search or seizure to any person shall
be fined not more than $100,000 or imprisoned not more than five
years, or both.
(c) Notice of Certain Electronic Surveillance. -- Whoever, having
knowledge that a Federal investigative or law enforcement officer
has been authorized or has applied for authorization under
chapter 119 to intercept a wire, oral, or electronic
communication, in order to obstruct, impede, or prevent such
interception, gives notice or attempts to give notice of the
possible interception to any person shall be fined under this
title or imprisoned not more than five years, or both.
Whoever, having knowledge that a Federal officer has been
authorized or has applied for authorization to conduct electronic
surveillance under the Foreign Intelligence Surveillance Act (50
U.S.C. 1801, et seq.), in order to obstruct, impede, or prevent
such activity, gives notice or attempts to give notice of the
possible activity to any person shall be fined under this title
or imprisoned not more than five years, or both.
* * *
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;
(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);
(13) "user" means any person or entity who --
(A) uses an electronic communication service; and
(B) is duly authorized by the provider of such service to engage
in such use;
(14) "electronic communications system" means any wire, radio,
electromagnetic, photooptical or photoelectronic facilities for
the transmission of electronic communications, and any computer
facilities or related electronic equipment for the 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; and
(18) "aural transfer" means a transfer containing the human voice at
any point between and including the point of origin and the point
of reception.
_ 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
(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.
(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.
(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 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, 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 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,
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 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, kidnapping, 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;
(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, 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, 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
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 chpater 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.
(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
of this title;
(3) with the lawful consent of the originator or an addressee or
intended recipient of such communication, or the subscriber
in the case of remote computing service;
(4) to a person employed or authorized or whose facilities are
used to forward such communication to its destination;
(5) as may be necessarily incident to the rendition of the
service or to the protection of the rights or property of
the provider of that service; or
(6) to a law enforcement agency, if such contents--
(A) were inadvertently obtained by the service provider; and
(B) appear to pertain to the commission of a crime.
_ 2703. Requirements for governmental access
(a) CONTENTS OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC STORAGE.-- A
governmental entity may require the disclosure by a provider of
electronic communication service of the contents of an electronic
communication, that is in electronic storage in an electronic
communications system for one hundred and eighty days or less,
only pursuant to a warrant issued under the Federal Rules of
Criminal Procedure or equivalent State warrant. A governmental
entity may require the disclosure by a provider of electronic
communications services of the contents of an electronic
communication that has been in electronic storage in an
electronic communications system for more than one hundred and
eighty days by the means available under subsection (b) of this
section.
(b) CONTENTS OF ELECTRONIC COMMUNICATIONS IN A REMOTE COMPUTING
SERVICE.--
(1) A governmental entity may require a provider of remote
computing service to disclose the contents of any electronic
communication to which this paragraph is made applicable by
paragraph (2) of this subsection--
(A) without required notice to the subscriber or customer,
if the governmental entity obtains a warrant issued
under the Federal Rules of Criminal Procedure or
equivalent State warrant; or
(B) with prior notice from the governmental entity to the
subscriber or customer if the governmental entity--
(i) uses an administrative subpoena authorized by a
Federal or State statute or a Federal or State
grand jury subpoena; or
(ii) obtains a court order for such disclosure under
subsection (d) of this section;
except that delayed notice may be given pursuant to
section 2705 of this title.
(2) Paragraph (1) is applicable with respect to any electronic
communication that is held or maintained on that service--
(A) on behalf of, and received by means of electronic
transmission from (or created by means of computer
processing of communications received by means of
electronic transmission from), a subscriber or customer
of such remote computing 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.
(c) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR REMOTE
COMPUTING SERVICE.--
(1) (A) Except as provided in subparagraph (B), a provider of
electronic communication service or remote computing
service may disclose a record or other information
pertaining to a subscriber to or customer of such
service (not including the contents of communications
covered by subsection (a) or (b) of this section) to
any person other than a governmental entity.
(B) A provider of electronic communication service or
remote computing service shall disclose a record or
other information pertaining to a subscriber to or
customer of such service (not including the contents of
communications covered by subsection (a) or (b) of this
section) to a governmental entity only when the
governmental entity--
(i) uses an administrative subpoena authorized by a
Federal or State statute, or a Federal or State
grand jury subpoena;
(ii) obtains a warrant issued under the Federal Rules
of Criminal Procedure or equivalent State warrant;
(iii) obtains a court order for such disclosure under
subsection (d) of this section; or
(iv) has the consent of the subscriber or customer to
such disclosure.
(2) A governmental entity receiving records or information under
this subsection is not required to provide notice to a
subscriber or customer.
(d) REQUIREMENTS FOR COURT ORDER.-- A court order for disclosure
under subsection (b) or (c) of this section shall issue only if
the governmental entity shows that there is reason to believe the
contents of a wire or electronic communication, or the records or
other information sought, are relevant to a legitimate law
enforcement inquiry. In the case of a State governmental
authority, such a court order shall not issue if prohibited by
the law of such State. A court issuing an order pursuant to this
section, on a motion made promptly by the service provider, may
quash or modify such order, if the information or records
requested are unusually voluminous in nature or compliance with
such order otherwise would cause an undue burden on such
provider.
(e) NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION
UNDER THIS CHAPTER.-- No cause of action shall lie in any court
against any provider of wire or electronic communication service,
its officers, employees, agents, or other specified persons for
providing information, facilities, or assistance in accordance
with the terms of a court order, warrant, subpoena, or
certification under this chapter.
_ 2704. Backup preservation
(a) BACKUP PRESERVATION.--
(1) A governmental entity acting under section 2703(b)(2) may
include in its subpoena or court order a requirement that
the service provider to whom the request is directed create
a backup copy of the contents of the electronic
communications sought in order to preserve those
communications. Without notifying the subscriber or
customer of such subpoena or court order, such service
provider shall create such backup copy as soon as
practicable consistent with its regular business practices
and shall confirm to the governmental entity that such
backup copy has been made. Such backup copy shall be
created within two business days after receipt by the
service provider of the subpoena or court order.
(2) Notice to the subscriber or customer shall be made by the
governmental entity within three days after receipt of such
confirmation, unless such notice is delayed pursuant to
section 2705(a).
(3) The service provider shall not destroy such backup copy
until the later of--
(A) the delivery of the information; or
(B) the resolution of any proceedings (including appeals of
any proceeding) concerning the government's subpoena or
court order.
(4) The service provider shall release such backup copy to the
requesting governmental entity no sooner than fourteen days
after the governmental entity's notice to the subscriber or
customer if such service provider--
(A) has not received notice from the subscriber or customer
that the subscriber or customer has challenged the
governmental entity's request; and
(B) has not initiated proceedings to challenge the request
of the governmental entity.
(5) A governmental entity may seek to require the creation of a
backup copy under subsection (a)(1) of this section if in
its sole discretion such entity determines that there is
reason to believe that notification under section 2703 of
this title of the existence of the subpoena or court order
may result in destruction of or tampering with evidence.
This determination is not subject to challenge by the
subscriber or customer or service provider.
(b) CUSTOMER CHALLENGES.--
(1) Within fourteen days after notice by the governmental entity
to the subscriber or customer under subsection (a)(2) of
this section, such subscriber or customer may file a motion
to quash such subpoena or vacate such court order, with
copies served upon the governmental entity and with written
notice of such challenge to the service provider. A motion
to vacate a court order shall be filed in the court which
issued such order. A motion to quash a subpoena shall be
filed in the appropriate Unites States district court or
State court. Such motion or application shall contain an
affidavit or sworn statement--
(A) stating that the applicant is a customer or subscriber
to the service from which the contents of electronic
communications maintained for him have been sought; and
(B) stating the applicant's reasons for believing that the
records sought are not relevant to a legitimate law
enforcement inquiry or that there has not been
substantial compliance with the provisions of this
chapter in some other respect.
(2) Service shall be made under this section upon a governmental
entity by delivering or mailing by registered or certified
mail a copy of the papers to the person, office, or
department specified in the notice which the customer has
received pursuant to this chapter. For the purposes of this
section, the term "delivery" has the meaning given that term
in the Federal Rules of Civil Procedure.
(3) If the court finds that the customer has complied with
paragraphs (1) an (2) of this subsection, the court shall
order the governmental entity to file a sworn response,
which may be filed in camera if the governmental entity
includes in its response the reasons which make in camera
review approriate. If the court is unable to determine the
motion or application on the basis of the parties' initial
allegations and response, the court may conduct such
additional proceedings as it deems appropriate. All such
proceedings shall be completed and the motion or application
decided as soon as practicable after the filing of the
governmental entity's response.
(4) If the court finds that the applicant is not the subscriber
or customer for whom the communications sought by the
governmental entity are maintained, or that there is a
reason to believe that the law enforcement inquiry is
legitimate and that the communications sought are relevant
to that inquiry, it shall deny the motion or application and
order such process enforced. If the court finds that the
applicant is the subscriber or customer for whom the
communications sought by the governmental entity are
maintained, and that there is not a reason to believe that
the communications sought are relevant to a legitimate law
enforcement inquiry, or that there has not been substantial
compliance with the provisions of this chapter, it shall
order the process quashed.
(5) A court order denying a motion or application under this
section shall not be deemed a final order and no
interlocutory appeal may be taken therefrom by the customer.
_ 2705. Delayed notice
(a) DELAY OF NOTIFICATION.--
(1) A governmental entity acting under section 2703(b) of this
title may--
(A) where a court order is sought, include in the
application a request, which the court shall grant, for
an order delaying the notification required under
section 2703(b) of this title for a period not to
exceed ninety days, if the court determines that there
is reason to believe that notification of the existence
of the court order may have an adverse result described
in paragraph (2) of this subsection; or
(B) where an administrative subpoena authorized by a
Federal or State statute or a Federal or State grand
jury subpoena is obtained, delay the notification
required under section 2703(b) of this title for a
period not to exceed ninety days upon the execution of
a written certification of a supervisory official that
there is reason to believe that notification of the
existence of the subpoena may have an adverse result
described in paragraph (2) of this subsection.
(2) An adverse result for the purposes of paragraph (1) of this
subsection is--
(A) endangering the life or physical safety of an
individual;
(B) flight from prosecution;
(C) destruction of or tampering with evidence;
(D) intimidation of potential witnesses; or
(E) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
(3) The governmental entity shall maintain a true copy of
certification under paragraph (1)(B).
(4) Extensions of the delay of notification provided in section
2703 of up to ninety days each may be granted by the court
upon application, or by certification by a governmental
entity, but only in accordance with subsection (b) of this
section.
(5) Upon expiration of the period of delay of notification under
paragraph (1) or (4) of this subsection, the governmental
entity shall serve upon, or deliver by registered or first-
class mail to, the customer or subscriber a copy of the
process or request together with notice that--
(A) states with reasonable specificity the nature of the
law enforcement inquiry; and
(B) informs such customer or subscriber--
(i) that information maintained for such customer or
subscriber by the service provider named in such
process or request was supplied to or requested by
that governmental authority and the date on which
the supplying or request took place;
(ii) that notification of such customer or subscriber
was delayed;
(iii) what governmental entity or court made the
certification or determination pursuant to which
that delay was made; and
(iv) which provision of this chapter allowed such delay.
(6) As used in this subsection, the term "supervisory official"
means the investigative agent in charge or assistant
investigative agent in charge or an equivalent of an
investigating agency's headquarters or regional office, or
the chief prosecuting attorney or the first assistant
prosecuting attorney or an equivalent of a prosecuting
attorney's headquarters or regional office.
(b) PRECLUSION OF NOTICE TO SUBJECT OF GOVERNMENTAL ACCESS.-- A
governmental entity acting under section 2703, when it is not
required to notify the subscriber or customer under section
2703(b)(1), or to the extent that it may delay such notice
pursuant to subsection (a) of this section, may apply to a court
for an order commanding a provider of electronic communications
service or remote computing service to whom a warrant, subpoena,
or court order is directed, for such period as the court deems
appropriate, not to notify any other person of the existence of
the warrant, subpoena, or court order. The court shall enter
such an order if it determines that there is reason to believe
that notification of the existence of the warrant, subpoena, or
court order will results in--
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or
(5) otherwise seriously jeopardizing an investigation or unduly
delaying a trial.
_ 2706. Cost reimbursement
(a) PAYMENT.-- Except as otherwise provided in subsection (c), a
governmental entity obtaining the contents of communications,
records, or other information under section 2702, 2703, or 2704
of this title shall pay to the person or entity assembling or
providing such information a fee for reimbursement for such costs
as are reasonably necessary and which have been directly incurred
in searching for, assembling, reproducing, or otherwise providing
such information. Such reimbursable costs shall include any
costs due to necessary disruption of normal operations of any
electronic communication service or remote computing service in
which such information may be stored.
(b) AMOUNT.-- The amount of the fee provided by subsection (a) shall
be as mutually agreed by the governmental entity and the person
or entity providing the information, or, in the absence of
agreement, shall be as determined by the court which issued the
order for production of such information (or the court before
which a criminal prosecution relating to such information would
be brought, if no court order was issued for production of the
information).
(c) The requirement of subsection (a) of this section does not apply
with respect to records or other information maintained by a
communications common carrier that relate to telephone toll
records and telephone listings obtained under section 2703 of
this title. The court may, however, order a payment as described
in subsection (a) if the court determines the information
required is unusually voluminous in nature or otherwise caused an
undue burden on the provider.
_ 2707. Civil action
(a) CAUSE OF ACTION.-- Except as provided in section 2703(e), any
provider of electronic communication service, subscriber, or
customer aggrieved by any violation of this chapter in which the
conduct constituting the violation is engaged in with a knowing
or intentional state of mind may, in a civil action, recover from
the person or entity which engaged in that violation such relief
as may be appropriate.
(b) RELIEF.-- In a civil action under this section, appropriate
relief includes--
(1) such preliminary and other equitable or declaratory relief
as may be appropriate;
(2) damages under subsection (c); and
(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
(c) DAMAGES.-- The court may assess as damages in a civil action
under this section the sum of the actual damages suffered by the
plaintiff and any profits made by the violator as a result of the
violation, but in no case shall a person entitled to recover
receive less than the sum of $1,000.
(d) DEFENSE.-- A good faith reliance on--
(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer
under section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) of this
title permitted the conduct complained of;
is a complete defense to any civil or criminal action brought
under this chapter or any other law.
(e) LIMITATION -- A civil action under this section may not be
commenced later than two years after the date upon which the
claimant first discovered or had a reasonable opportunity to
discover the violation.
_ 2708. Exclusivity of remedies
The remedies and sanctions described in this chapter are the only
judicial remedies and sanctions for nonconstitutional violations of this
chapter.
_ 2709. Counterintelligence access to telephone toll and transactional
records
(a) DUTY TO PROVIDE.-- A wire or electronic communication service
provider shall comply with a request for subscriber information
and toll billing records information, or electronic communication
transactional records in its custody or possession made by the
Director of the Federal Bureau of Investigation under subsection
(b) of this section.
(b) REQUIRED CERTIFICATION.-- The Director of the Federal Bureau of
Investigation (or an individual within the Federal Bureau of
Investigation designated for this purpose by the Director) may
request any such information and records if the Director (or the
Director's designee) certifies in writing to the wire or
electronic communication service provider to which the request is
made that--
(1) the information sought is relevant to an authorized foreign
counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to
believe that the person or entity to whom the information
sought pertains is a foreign power or an agent of a foreign
power as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
(c) PROHIBITION OF CERTAIN DISCLOSURE.-- No wire or electronic
communication service provider, or officer, employee, or agent
thereof, shall disclose to any person that the Federal Bureau of
Investigation has sought or obtained access to information or
records under this section.
(d) DISSEMINATION BY BUREAU.-- The Federal Bureau of Investigation
may disseminate information and records obtained under this
section only as provided in guidelines approved by the Attorney
General for foreign intelligence collection and foreign
counterintelligence investigations conducted by the Federal
Bureau of Investigation, and, with respect to dissemination to an
agency of the United States, only if such information is clearly
relevant to the authorized responsibilities of such agency.
(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE INFORMED.-- On a
semiannual basis the Director of the Federal Bureau of
Investigation shall fully inform the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all requests
made under subsection (b) of this section.
_ 2710. Definitions for chapter
As used in this chapter -
(1) the terms defined in section 2510 of this title have,
respectively, the definitions given such terms in that
section; and
(2) the term "remote computing service" means the provision to
the public of computer storage or processing services by
means of an electronic communications system.
CHAPTER 205-SEARCHES AND SEIZURES
Sec. 3101. Effect of rules of court--Rules
3117. Mobile tracking devices.
_ 3117. Mobile tracking devices
(a). IN GENERAL.--If a court is empowered to ussue a warrant or other
order for the installation of a mobile tracking device, such
order may authorize the use of that device within the
jurisdiction of the court, and outside that jurisdiction if the
device is installed in that jurisdiction.
(b). DEFINITION.--As used in this section, the term "tracking device"
means an electronic or mechanical device which permits the
tracking of the movement of a person or object.
CHAPTER 206-PEN REGISTERS AND TRAP TRACE DEVICES
Sec.
3121. General prohibition on pen register on trap and trace device use;
exception.
3122. Application for an order for a pen register or a trap and trace
device.
3123. Issuance of an order for a pen register or a trap or trace
device.
3124. Assistance in installation and use of a pen register or a trap
and trace device.
3125. Reports concerning pen registers and trap and trace devices.
3126. Definitions for chapter.
_ 3121. General prohibition on pen register and trap and trace device
use; exception
(a) In General.-Except as provided in this section, no person may
install or use a pen register or a trap and trace device without
first obtaining a court order under section 3123 of this title or
under the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(b) Exception.-The prohibition of subsection (a) does not apply with
respect to the use of a pen register or a trap and trace device
by a provider of electronic or wire communication service-
(1) relating to the operation, maintenance, and testing of a
wire or electronic communication service or to the
protection of the rights or property of such provider, or to
the protection of users of that service from abuse of
service or unlawful use of service; or
(2) to record the fact that a wire or electronic communication
was initiated or completed in order to protect such
provider, another provider furnishing service toward the
completion of the wire communication, or a user of that
service, from fraudulent, unlawful or abusive use of
service; or with the consent of the user of that service.
(c) Penalty.-Whoever knowingly violates subsection (a) shall be fined
under this title or imprisoned not more than one year, or both.
_ 3122. Application for an order for a pen register or a trap and trace
device
(a) Application.-
(1) An attorney for the Government may make application for an
order or an extension of an order under section 3123 of this
title authorizing or approving the installation and use of a
pen register or a trap and trace device under this chapter,
in writing under oath or equivalent affirmation, to a court
of competent jurisdiction.
(2) Unless prohibited by State law, a State investigative law
enforcement officer may make application for an order or an
extension of an order under section 3123 of this title
authorizing or approving the installation and use of a pen
register or a trap and trace device under this chapter, in
writing under oath or equivalent affirmation, to a court of
competent jurisdiction of such State.
(b) Contents Of Application. - An application under subsection (a) of
this section shall include-
(1) the identity of the attorney for the Government or the State
law enforcement or investigative officer making the
application and the identity of the law enforcement agency
conducting the investigation; and
(2) a certification by the applicant that the information likely
to be obtained is relevant to an ongoing criminal
investigation being conducted by that agency.
_ 3123. Issuance of an order for a pen register or a trap and trace device
(a) In General.-Upon an application made under section 3122 of this
title, the court shall enter an ex parte order authorizing the
installation and use of a pen register or a trap and trace device
within the jurisdiction of the court if the court finds that the
attorney for the Government or the State law enforcement or
investigative officer has certified to the court that the
information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.
(b) Contents Of Order.-An order issued under this section-
(1) shall specify-
(A) the identity, if known, of the person to whom is leased
or in whose name is listed the telephone line to which
the pen register or trap and trace device is to be
attached;
(B) the identity, if known, of the person who is the
subject of the criminal investigation;
(C) the number and, if known, physical location of the
telephone line to which the pen register or trap and
trace device is to be attached and, in the case of a
trap and trace device, the geographic limits of the
trap and trace order; and
(D) a statement of the offense to which the information
likely to be obtained by the pen register or trap and
trace device relates; and
(2) shall direct, upon the request of the applicant, the
furnishing of information, facilities, and technical
assistance necessary to accomplish the installation of the
pen register or trap and trace device under section 3124 of
this title.
(c) Time Period And Extensions.-
(1) An order issued under this section shall authorize the
installation and use of a pen register or a trap and trace
device for a period not to exceed sixty days.
(2) Extensions of such an order may be granted, but only upon an
application for an order under section 3122 of this title
and upon the judicial finding required by subsection (a) of
this section. The period of extension shall be for a period
not to exceed sixty days.
(d) Nondisclosure Of Existence Of Pen Register Or A Trap And Trace
Device.-An order authorizing or approving the installation and
use of a pen register or a trap and trace device shall direct
that-
(1) the order be sealed until otherwise ordered by the court;
and
(2) the person owning or leasing the line to which the pen
register or a trap and trace device is attached, or who has
been ordered by the court to provide assistance to the
applicant, not disclose the existence of the pen register or
trap and trace device or the existence of the investigation
to the listed subscriber, or to any other person, unless or
until otherwise ordered by the court.
_ 3124. Assistance in installation and use of a pen register or a trap
and trace device
(a) Pen Registers.-Upon the request of an attorney for the Government
or an officer of a law enforcement agency authorized to install
and use a pen register under this chapter, a provider of wire or
electronic communication service, landlord, custodian, or other
person shall furnish such investigative or law enforcement
officer forthwith all information, facilities, and technical
assistance necessary to accomplish the installation of the pen
register unobtrusively and with a minimum of interference with
the services that the person so ordered by the court accords the
party with respect to whom the installation and use is to take
place, if such assistance is directed by a court order as
provided in section 3123(b)(2) of this title.
(b) Trap And Trace Device.-Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized
to receive the results of a trap and trace device under this
chapter, a provider of a wire or electronic communication
service, landlord, custodian, or other person shall install such
device forthwith on the appropriate line and shall furnish such
investigative or law enforcement officer all additional
information, facilities and technical assistance including
installation and operation of the device unobtrusively and with a
minimum of interference with the services that the person so
ordered by the court accords the party with respect to whom the
installation and use is to take place, if such installation and
assistance is directed by a court order as provided in section
3123(b)(2) of this title. Unless otherwise ordered by the court,
the results of the trap and trace device shall be furnished to
the officer of a law enforcement agency, designated in the court,
at reasonable intervals during regular business hours for the
duration of the order.
(c) Compensation.-A provider of a wire or electronic communication
service, landlord, custodian, or other person who furnishes
facilities or technical assistance pursuant to this section shall
be reasonably compensated for such reasonable expenses incurred
in providing such facilities and assistance.
(d) No Cause Of Action Against A Provider Disclosing Information
Under This Chapter.-No cause of action shall lie in any court
against any provider of a wire or electronic communication
service, its officers, employees, agents, or other specified
persons for providing information, facilities, or assistance in
accordance with the terms of a court order under this chapter.
(e) Defense.-A good faith reliance on a court order, a legislative
authorization, or a statutory authorization is a complete defense
against any civil or criminal action brought under this chapter
or any other law.
_ 3125. Reports concerning pen registers and trap and trace devices
The Attorney General shall annually report to Congress on the number
of pen register orders and orders for trap and trace devices applied for by
law enforcement agencies of the Department of Justice.
_ 3126. Definitions for chapter
As used in this chapter-
(1) the terms "wire communication", "electronic communiation", and
"electronic communication service" have the meanings set forth
for such terms in section 2510 of this title;
(2) the term "court of competent jurisdiction" means-
(A) a district court of the United States (including a
magistrate of such a court) or a United States Court of
Appeals; or
(B) a court of general criminal jurisdiction of a State
authorized by the law of that State to enter orders
authorizing the use of a pen register or a trap and trace
device;
(3) the term "pen register" means a device which records or decodes
electronic or other impulses which identify the numbers dialed or
otherwise transmitted on the telephone line to which such device
is attached, but such term does not include any device used by a
provider or customer of a wire or electronic communication
service for billing, or recording as an incident to billing, for
communications services provided by such provider or any device
used by a provider or customer of a wire communication service
for cost accounting or other like purposes in the ordinary course
of its business;
(4) the term "trap and trace" device means a device which captures
the incoming electronic or other impulses which identify the
originating number of an instrument or device from which a wire
or electronic communication was transmitted;
(5) the term "attorney for the Government" has the meaning given such
term for the purposes of the Federal Rules of Criminal Procedure;
and
(6) the term "State" means a State, the District of Columbia, Puerto
Rico, and any other possession or territory of the United States.
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