§ 2510. Definitions

Footnotes

1. 1 So in original. The period probably should be a semicolon.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1968

   Omnibus Crime Control and Safe Streets Act of 1968

   Pub. L. 90–351 title III § 802 · 82 Stat. 197

   Enacted · 18 U.S.C. § 2510

   Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 212

   Source evidence

   Code source credit
   Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 212

   Enacted provision · exact public law section
   Sec. 802. Part 1 of title 18, United States Code, is amended by adding at the end the following new chapter: “Chapter 119. WIRE 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. Con fiscal ion of wire or oral communication intercepting devices. “2314. Immunity of witnesses. “2010. Prohibition of use as evidence of intercepted wire or oral communications. “2516. Authorization for interception of wire or oral communications. “2317. Authorization for disclosure and use of intercepted wire or oral communications. “2518. Procedure for interception of wire or oral communications. “2519. Reports concerning intercepted wire or oral communications. “2520. Recovery of civil damages authorized. “§ 2510. Definitions “As used in this chapter— “(1) ‘wire communication’ means any communication 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 furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications; “(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; “(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 acquisition of the contents of any wire 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 or oral 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 communications common carrier in the ordinary course of its business and being used by the subscriber or user 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 or oral communication, includes any information concerning the identity of the parties to such communication or the existence, 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 or oral 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; and 48 Stat. 1066. “(11) ‘aggrieved person’ means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed. “§ 2511. Interception and disclosure of wire or oral communications prohibited “(1) Except as otherwise specifically provided in this chapter any person who— “(a) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire or oral communication; “(b) willfully 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 (n) 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) willfully discloses, or endeavors to disclose, to any other person the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this subsection; or “(d) willfully uses, or endeavors to use, the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this subsection; shall be fined not more than $10,000 or imprisoned not more than five Penalty. years, or both. “(2) (a) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of any communication common carrier, 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 carrier of such communication: Provided, That said communication common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks, “(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 48 Stat. 1064. chapter 5 of title 47 of the United States Code, to intercept a wire 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 or oral 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 or oral 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 or for the purpose of committing any other injurious act. “(3) Nothing contained in this chapter or in section 605 of the Communications Act of 1934 (48 Stat. 1143; 47 U.S.C. 605) shall limit the constitutional power of the President to take such measures as he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power, to obtain foreign intelligence information deemed essential to the security of the United States, or to protect national security information against foreign intelligence activities. Nor shall anything contained in this chapter be deemed to limit the constitutional power of the President, to take such measures as he deems necessary to protect the United States against the overthrow of the Government by force or other unlawful means, or against any other clear and present danger to the structure or existence of the Government. The contents of any wire or oral communication intercepted by authority of the President in the exercise of the foregoing powers may be received in evidence in any trial hearing, or other proceeding only where such interception was reasonable, and shall not be otherwise used or disclosed except as is necessary to implement that power. “§ 2512. Manufacture, distribution, possession, and advertising of wire or oral communication intercepting devices prohibited “(1) Except as otherwise specifically provided in this chapter, any person who willfully— “(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 lenders it primarily useful for the purpose of the surreptitious interception of wire or oral 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 or oral 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 or oral 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 or oral 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 Penalty. years, or both. “(2) It shall not be unlawful under this section for— “(a) a communicatious common carrier or an officer, agent, or employee of, or a person under contract with, a communications common carrier, in the normal course of the communications common carrier’s business, 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 or oral communications. “§ 2513. Confiscation of wire or oral 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. AH 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. “§ 2514. Immunity of witnesses “Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any case or proceeding before any grand jury or court of the United States involving any violation of this chapter or any of the offenses enumerated in section 2516, or any conspiracy to violate this chapter or any of the offenses enumerated in section 2516 is necessary to the public interest, such United States attorney, upon the approval of the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this section, and upon order of the court such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. No such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled be used as evidence in any criminal proceeding (except in a proceeding described in the next sentence) against him in any court. No witness shall be exempt under this section from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section. “§ 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 or oral communications “(1) The Attorney General, or any Assistant Attorney General specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant, in conformity with section 2518 of this chapter an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or a Federal agency having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence, of— “(a) any offense punishable by death or by imprisonment for more than one year under sections 2274 through 2277 of title 42 of the United States Code (relating to the enforcement of the 68 Stat. 958. 62 Stat. 736; 68 Stat. 1216; 62 Stat. 807; Ante, p. 75. Atomic Energy Act of 1954), or under the following chapters of this title: chapter 37 (relating to espionage), chapter 105 (relating to sabotage), chapter 115 (relating to treason), or chapter 102 (relating to riots); “(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 mur-der, 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), section 1084 76 Stat. 1119; 78 Stat. 203; 62 Stat. 769; 81 Stat. 362; 79 Stat. 580; 62 Stat. 793; 75 Stat. 498; 76 Stat. 42; 62 Stat. 729; 76 Stat. 41; 62 Stat. 806. (transmission of wagering information), section 1503 (influencing or injuring an officer, juror, or witness generally), section 1510 (obstruction of criminal investigations), section 1751 (Presidential assassinations, 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 1954 (offer, acceptance, or solicitation to influence operations of employee benefit plan), section 659 (theft from interstate shipment), section 664 (embezzlement from pension and welfare funds), or sections 2314 and 2315 (interstate transportation of stolen property); “(d) any offense involving counterfeiting punishable under section 471, 472, or 473 of this title; 62 Stat. 705. “(e) any offense involving bankruptcy fraud 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; or Ante, p. 159. “(g) 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, or oral 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 or oral 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. “§ 2517. Authorization for disclosure and use of intercepted wire or oral 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 or oral 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 or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties. “(3) Any person who has received, by any means authorized by this chapter, any information concerning a wire or oral communica-tion, 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 criminal proceeding in any court of the United States or of any State or in any Federal or State grand jury proceeding. “(4) No otherwise privileged wire or oral 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 or oral communications in the manner authorized herein, intercepts wire or oral 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 or oral communications “(1) Each application for an order authorizing or approving the interception of a wire or oral communication 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) 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 teen 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 teen 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 or oral 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 or oral communications within the territorial jurisdiction of the court in which the judge, is sitting, if the judge determines on the basis of the facts submitted by the applicant that— “(a) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter; “(b) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception; “(c) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; “(d) there is probable cause for belief that the facilities from which, or the place where, the wire or oral 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 or oral communication 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. “(5) No order entered under this section may authorize or approve the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. 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. “(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 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 with respect to conspiratorial activities threatening the national security interest or to conspiratorial activities characteristic of organized crime that requires a wire or oral 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 or oral 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 or oral communication intercepted shall be treated as having been obtained in violation of tins 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 or oral 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 or oral 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 or oral communication or evidence derived therefrom under subsection (3) of section 2517. “(b) Applications made and orders grunted 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 excel# 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 oilier or extensions thereof, the issuing or denying judge shall cause io Ire served, on tile persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of— “(1) the fact of the entry of the order or the application; “(2) the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and “(3) the fact that during the period wire or oral 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 t his subsection may be postponed. “(9) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved, This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be. prejudiced by the delay in receiving such information. “(10) (a) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that— “(i) the communication was unlawfully intercepted; “(ii) the order of authorization or approval under which it was intercepted is insufficient on its face; or “(iii) the interception was not made in conformity with the order of authorization or approval. Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice. “(b) In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) of this subsection, or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted. “§ 2519. Reports concerning intercepted wire or oral 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; “(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 or oral communications and the number of orders and extensions granted or denied during the preceding calendar year. Such report shall include a summary and analysis of die 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 tiled by subsections (1) and (2) of this section. “§ 2520. Recovery of civil damages authorized “Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this chapter shall (1) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, such communications, and (2) be entitled to recover from any such person— “(a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; “(b) punitive damages; and “(c) a reasonable attorney’s fee and other litigation costs reasonably incurred. A good faith reliance on a court order or on the provisions of section 2518(7) of this chapter shall constitute a complete defense to any civil or criminal action brought under this chapter.”

2. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 § 101(a)(1) · 100 Stat. 1848

   1. Substituted · 18 U.S.C. § 2510(1)

      Pub. L. 99–508, § 101(a)(1), substituted “any aural transfer” for “any communication”

   2. Inserted · 18 U.S.C. § 2510(1)

      Pub. L. 99–508, § 101(a)(1), inserted “(including the use of such connection in a switching station)” after “reception”

   3. Struck · 18 U.S.C. § 2510(1)

      Pub. L. 99–508, § 101(a)(1), struck out “as a common carrier” after “person engaged”

   4. Inserted · 18 U.S.C. § 2510(1)

      Pub. L. 99–508, § 101(a)(1), inserted “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” before the semicolon at end

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 99–508, § 101(a)(1), substituted “any aural transfer” for “any communication”, inserted “(including the use of such connection in a switching station)” after “reception”, struck out “as a common carrier” after “person engaged”, and inserted “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” before the semicolon at end.

   Enacted provision · exact public law section
   (1) Section 2510(1) of title 18, United States Code, is amended— (A) by striking out “any communication” and inserting “any aural transfer” in lieu thereof; (B) by inserting “(including the use of such connection in a switching station)” after “reception”. (C) by striking out “as a common carrier” and (D) by inserting before the semicolon at the end the following: “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”.

   Effective date note
   Pub. L. 99–508, title I, § 111, Oct. 21, 1986, 100 Stat. 1859, provided that:

3. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 § 101(a)(2) · 100 Stat. 1848

   Inserted · 18 U.S.C. § 2510(2)

   Pub. L. 99–508, § 101(a)(2), inserted “, but such term does not include any electronic communication” before the semicolon at end

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 99–508, § 101(a)(2), inserted “, but such term does not include any electronic communication” before the semicolon at end.

   Enacted provision · exact public law section
   (2) Section 2510(2) of title 18, United States Code, is amended by inserting before the semicolon at the end the following: “, but such term does not include any electronic communication”.

   Effective date note
   Pub. L. 99–508, title I, § 111, Oct. 21, 1986, 100 Stat. 1859, provided that:

4. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 § 101(a)(3) · 100 Stat. 1848

   Inserted · 18 U.S.C. § 2510(4)

   Pub. L. 99–508, § 101(a)(3), inserted “or other” after “aural” and “, electronic,” after “wire”

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 99–508, § 101(a)(3), inserted “or other” after “aural” and “, electronic,” after “wire”.

   Enacted provision · exact public law section
   (3) Section 2510(4) of title 18, United States Code, is amended— (A) by inserting “or other” after “aural”; and (B) by inserting “, electronic,” after “wire”.

   Effective date note
   Pub. L. 99–508, title I, § 111, Oct. 21, 1986, 100 Stat. 1859, provided that:

5. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 § 101(a)(4) · 100 Stat. 1848

   1. Substituted · 18 U.S.C. § 2510(5)

      Pub. L. 99–508, § 101(a)(4), (c)(1)(A), (4), substituted “wire, oral, or electronic” for “wire or oral” in introductory provisions

   2. Substituted · 18 U.S.C. § 2510(5)

      Pub. L. 99–508, § 101(a)(4), (c)(1)(A), (4), substituted “provider of wire or electronic communication service” for “communications common carrier” in subpars. (a)(i) and (ii)

   3. Inserted · 18 U.S.C. § 2510(5)

      Pub. L. 99–508, § 101(a)(4), (c)(1)(A), (4), inserted “or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business” before the semicolon in subpar. (a)(i)

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 99–508, § 101(a)(4), (c)(1)(A), (4), substituted “wire, oral, or electronic” for “wire or oral” in introductory provisions, substituted “provider of wire or electronic communication service” for “communications common carrier” in subpars. (a)(i) and (ii), and inserted “or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business” before the semicolon in subpar. (a)(i).

   Enacted provision · exact public law section
   (4) Section 2510(5) of title 18, United States Code, is amended in clause (a)(i) by inserting before the semicolon the following: “or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business”.

   Effective date note
   Pub. L. 99–508, title I, § 111, Oct. 21, 1986, 100 Stat. 1859, provided that:

6. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 § 101(a)(5) · 100 Stat. 1848

   1. Substituted · 18 U.S.C. § 2510(8)

      Pub. L. 99–508, § 101(a)(5), (c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral”

   2. Struck · 18 U.S.C. § 2510(8)

      Pub. L. 99–508, § 101(a)(5), (c)(1)(A), struck out “identity of the parties to such communication or the existence,” after “concerning the”

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 99–508, § 101(a)(5), (c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” and struck out “identity of the parties to such communication or the existence,” after “concerning the”.

   Enacted provision · exact public law section
   (5) Section 2510(8) of title 18, United States Code, is amended by striking out “identity of the parties to such communication or the existence,”.

   Effective date note
   Pub. L. 99–508, title I, § 111, Oct. 21, 1986, 100 Stat. 1859, provided that:

7. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 § 101(c)(1)(A) · 100 Stat. 1848

   Substituted · 18 U.S.C. § 2510(9)(b); 18 U.S.C. § 2510(9)(11)

   Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral”

   Source evidence

   Code amendment note
   Pars. (9)(b), (11). Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral”.

   Enacted provision · exact public law section
   (A) in each of sections 2510(5), 2510(8), 2510(9)(b), 2510(11), and 2511 through 2519 (except sections 2515, 2516(1) and 2518(10)), by striking out “wire or oral” each place it appears (including in any section heading) and inserting “wire, oral, or electronic” in lieu thereof; and

   Effective date note
   Pub. L. 99–508, title I, § 111, Oct. 21, 1986, 100 Stat. 1859, provided that:

8. 1986

   Electronic Communications Privacy Act of 1986

   Pub. L. 99–508 § 101(a)(6) · 100 Stat. 1848

   Added · 18 U.S.C. § 2510(12)(18)

   Pub. L. 99–508, § 101(a)(6), added pars. (12) to (18)

   Source evidence

   Code amendment note
   Pars. (12) to (18). Pub. L. 99–508, § 101(a)(6), added pars. (12) to (18).

   Enacted provision · exact public law section
   (6) Section 2510 of title 18, United States Code, is amended— (A) by striking out “and” at the end of paragraph (10); (B) by striking out the period at the end of paragraph (11) and inserting a semicolon in lieu thereof; and (C) by adding at the end the following: “(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); 18 USC 3117. “(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.”.

   Effective date note
   Pub. L. 99–508, title I, § 111, Oct. 21, 1986, 100 Stat. 1859, provided that:

9. 1994

   Pub. L. 103–414 § 202(a)(1) · 108 Stat. 4279

   Struck · 18 U.S.C. § 2510(1)

   Pub. L. 103–414, § 202(a)(1), struck out before semicolon at end “, 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”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 103–414, § 202(a)(1), struck out before semicolon at end “, 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”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “, but such term does not include” and all that follows through “base unit”; and

10. 1994

    Pub. L. 103–414 § 202(a)(2) · 108 Stat. 4279

    1. Redesignated · 18 U.S.C. § 2510(12)

       Pub. L. 103–414, § 202(a)(2), redesignated subpars. (B) to (D) as (A) to (C), respectively

    2. Struck · 18 U.S.C. § 2510(12)

       Pub. L. 103–414, § 202(a)(2), struck out former subpar. (A) which read as follows: “the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;”

    Source evidence

    Code amendment note
    Par. (12). Pub. L. 103–414, § 202(a)(2), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: “the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;”.

    Enacted provision · exact public law section
    (2) in paragraph (12), by striking subparagraph (A) and redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively.

11. 1994

    Pub. L. 103–414 § 203 · 108 Stat. 4279

    Added · 18 U.S.C. § 2510(16)(F)

    Pub. L. 103–414, § 203, added subpar. (F)

    Source evidence

    Code amendment note
    Par. (16)(F). Pub. L. 103–414, § 203, added subpar. (F).

    Enacted provision · exact public law section
    SEC. 203. RADIO-BASED DATA COMMUNICATIONS. Section 2510(16) of title 18, United States Code, is amended— (1) by striking “or” at the end of subparagraph (D); (2) by inserting “or” at the end of subparagraph (E); and (3) by inserting after subparagraph (E) the following new subparagraph: “(F) an electronic communication;”.

12. 1996

    Pub. L. 104–132 § 731(1) · 110 Stat. 1214

    Added · 18 U.S.C. § 2510(12)(D)

    Pub. L. 104–132, § 731(1), added subpar. (D)

    Source evidence

    Code amendment note
    Par. (12)(D). Pub. L. 104–132, § 731(1), added subpar. (D).

    Enacted provision · exact public law section
    (1) in paragraph (12)— (A) by striking “or” at the end of subparagraph (B); (B) by adding “or” at the end of subparagraph (C); and (C) by adding at the end the following new subparagraph: “(D) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;”; and

13. 1996

    Pub. L. 104–132 § 731(2) · 110 Stat. 1214

    Struck · 18 U.S.C. § 2510(16)(F)

    Pub. L. 104–132, § 731(2), struck out subpar. (F) which read as follows: “an electronic communication;”

    Source evidence

    Code amendment note
    Par. (16)(F). Pub. L. 104–132, § 731(2), struck out subpar. (F) which read as follows: “an electronic communication;”.

    Enacted provision · exact public law section
    (2) in paragraph (16)— (A) by adding “or” at the end of subparagraph (D); (B) by striking “or” at the end of subparagraph (E); and (C) by striking subparagraph (F).

14. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 209(1)(A) · 115 Stat. 272

    Struck · 18 U.S.C. § 2510(1)

    Pub. L. 107–56, § 209(1)(A), struck out “and such term includes any electronic storage of such communication” before semicolon at end

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 107–56, § 209(1)(A), struck out “and such term includes any electronic storage of such communication” before semicolon at end.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking beginning with “and such” and all that follows through “communication”; and

15. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 209(1)(B) · 115 Stat. 272

    Inserted · 18 U.S.C. § 2510(14)

    Pub. L. 107–56, § 209(1)(B), inserted “wire or” after “transmission of”

    Source evidence

    Code amendment note
    Par. (14). Pub. L. 107–56, § 209(1)(B), inserted “wire or” after “transmission of”.

    Enacted provision · exact public law section
    (B) in paragraph (14), by inserting “wire or” after “transmission of”; and

16. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 203(b)(2) · 115 Stat. 272

    Added · 18 U.S.C. § 2510(19)

    Pub. L. 107–56, § 203(b)(2), added par. (19)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–56, § 203(b)(2), added par. (19).

    Enacted provision · exact public law section
    (2) Definition.— Section 2510 of title 18, United States Code, is amended by— (A) in paragraph (17), by striking “and” after the semi-colon; (B) in paragraph (18), by striking the period and inserting “; and”; and (C) by inserting at the end the following: “(19) ‘foreign intelligence information’ means— “(A) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against— “(i) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; “(ii) sabotage or international terrorism by a foreign power or an agent of a foreign power; or “(iii) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or “(B) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to— “(i) the national defense or the security of the United States; or “(ii) the conduct of the foreign affairs of the United States.”.

17. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 § 217(1) · 115 Stat. 272

    Added · 18 U.S.C. § 2510(20); 18 U.S.C. § 2510(21)

    Pub. L. 107–56, § 217(1), added pars. (20) and (21)

    Source evidence

    Code amendment note
    Pars. (20), (21). Pub. L. 107–56, § 217(1), added pars. (20) and (21).

    Enacted provision · exact public law section
    (1) in section 2510— (A) in paragraph (18), by striking “and” at the end; (B) in paragraph (19), by striking the period and inserting a semicolon; and (C) by inserting after paragraph (19) the following: “(20) ‘protected computer’ has the meaning set forth in section 1030; and “(21) ‘computer trespasser’— “(A) means a person who accesses a protected computer without authorization and thus has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer; and “(B) does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer.”; and (2) in section 2511(2), by inserting at the end the following: “(i) It shall not be unlawful under this chapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to, through, or from the protected computer, if— “(I) the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer; “(II) the person acting under color of law is lawfully engaged in an investigation; “(III) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to the investigation; and “(IV) such interception does not acquire communications other than those transmitted to or from the computer trespasser.”.

18. 2001

    Intelligence Authorization Act for Fiscal Year 2002

    Pub. L. 107–108 title III § 314(b) · 115 Stat. 1394

    Inserted · 18 U.S.C. § 2510(19)

    Pub. L. 107–108 inserted “, for purposes of section 2517(6) of this title,” before “means” in introductory provisions

    Source evidence

    Code amendment note
    Par. (19). Pub. L. 107–108 inserted “, for purposes of section 2517(6) of this title,” before “means” in introductory provisions.

    Enacted provision · exact public law section
    (b) Title 18, United States Code.— Paragraph (19) of section 2510 of title 18, United States Code, as added by section 203(b)(2)(C) of the USA PATRIOT Act (115 Stat. 280), is amended by inserting “, for purposes of section 2517(6) of this title,” before “means”.

19. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(e)(10) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 2510(10)

    Pub. L. 107–273 substituted “has the meaning given that term in section 3 of the Communications Act of 1934;” for “shall have the same meaning which is given the term ‘common carrier’ by section 153(h) of title 47 of the United States Code;”

    Source evidence

    Code amendment note
    Par. (10). Pub. L. 107–273 substituted “has the meaning given that term in section 3 of the Communications Act of 1934;” for “shall have the same meaning which is given the term ‘common carrier’ by section 153(h) of title 47 of the United States Code;”.

    Enacted provision · exact public law section
    (10) Correction of erroneous cite in chapter 119.— Section 2510(10) of title 18, United States Code, is amended by striking “shall have” and all that follows through “United States Code;” and inserting “has the meaning given that term in section 3 of the Communications Act of 1934;”.

26 of 26 references resolved to an enrolled provision