§ 2511. Interception and disclosure of wire, oral, or electronic communications prohibited

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. § 2511

   Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 213

   Source evidence

   Code source credit
   Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 213

   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. 1970

   District of Columbia Court Reform and Criminal Procedure Act of 1970

   Pub. L. 91–358 title II § 211(a) · 84 Stat. 473

   1. Amended · 18 U.S.C. § 2511(2)(a)

      Pub. L. 91–358 designated existing provisions as cl. (i)

   2. Added · 18 U.S.C. § 2511(2)(a)

      Pub. L. 91–358 added cl. (ii)

   Source evidence

   Code amendment note
   Par. (2)(a). Pub. L. 91–358 designated existing provisions as cl. (i) and added cl. (ii).

   Enacted provision · exact public law section
   (a) Section 2511(2)(a) of title 18, United States Code, is amended (1) by inserting “(i)” immediately after “(2)(a)”; and (2) by adding at the end thereof the following: “(ii) It shall not be unlawful under this chapter for an officer, employee, or agent of any communication common carrier to provide information, facilities, or technical assistance to an investigative or law enforcement officer who, pursuant to this chapter, is authorized to intercept a wire or oral communication.”.

3. 1978

   Foreign Intelligence Surveillance Act of 1978

   Pub. L. 95–511 § 201(a) · 92 Stat. 1783

   Substituted · 18 U.S.C. § 2511(2)(a)(ii)

   Pub. L. 95–511, § 201(a), substituted provisions authorizing communication common carriers etc., to provide information to designated persons, prohibiting disclosure of intercepted information, and rendering violators civilly liable for provision exempting communication common carriers from criminality for giving information to designated officers

   Source evidence

   Code amendment note
   Par. (2)(a)(ii). Pub. L. 95–511, § 201(a), substituted provisions authorizing communication common carriers etc., to provide information to designated persons, prohibiting disclosure of intercepted information, and rendering violators civilly liable for provision exempting communication common carriers from criminality for giving information to designated officers.

   Enacted provision · exact public law section
   (a) Section 2511(2)(a)(ii) is amended to read as follows: “(ii) Notwithstanding any other law, communication common carriers, 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 or oral communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if the common carrier, 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 18 USC 2518. 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 communication common carrier, officer, employee, or agent thereof, Disclosure of information, prohibition. 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 an order or certification under this subparagraph, 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 violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof, shall render the carrier liable for the civil damages provided for in section 2520. No cause of action shall be in 18 USC 2520. any court against any communication common carrier, 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.”.

4. 1978

   Foreign Intelligence Surveillance Act of 1978

   Pub. L. 95–511 § 201(b) · 92 Stat. 1783

   Added · 18 U.S.C. § 2511(2)(e); 18 U.S.C. § 2511(2)(f)

   Pub. L. 95–511, § 201(b), added par. (2)(e) and (f)

   Source evidence

   Code amendment note
   Par. (2)(e), (f). Pub. L. 95–511, § 201(b), added par. (2)(e) and (f).

   Enacted provision · exact public law section
   (b) Section 2511(2) is amended by adding at the end thereof 18 USC 2511. the following new provisions: “(e) Notwithstanding any other provision of this title, or section 605 or 606 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 section 605 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 by 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.”.

5. 1978

   Foreign Intelligence Surveillance Act of 1978

   Pub. L. 95–511 § 201(c) · 92 Stat. 1783

   Struck · 18 U.S.C. § 2511(3)

   Pub. L. 95–511, § 201(c), struck out par. (3) which provided that nothing in this chapter or section 605 of title 47 limited the President’s constitutional power to gather necessary intelligence to protect the national security and stated the conditions necessary for the reception into evidence and disclosure of communications intercepted by the President

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 95–511, § 201(c), struck out par. (3) which provided that nothing in this chapter or section 605 of title 47 limited the President’s constitutional power to gather necessary intelligence to protect the national security and stated the conditions necessary for the reception into evidence and disclosure of communications intercepted by the President.

   Enacted provision · exact public law section
   (c) Section 2511(3) is repealed.

6. 1984

   Pub. L. 98–549 § 6(b)(2)(A) · 98 Stat. 2779

   Substituted · 18 U.S.C. § 2511(2)(e)

   Pub. L. 98–549, § 6(b)(2)(A), substituted “section 705 or 706” for “section 605 or 606”

   Source evidence

   Code amendment note
   Par. (2)(e). Pub. L. 98–549, § 6(b)(2)(A), substituted “section 705 or 706” for “section 605 or 606”.

   Enacted provision · exact public law section
   (A) in subsection (2)(e), by striking out “section 605 or 606” and inserting in lieu thereof “section 705 or 706”; and

7. 1984

   Pub. L. 98–549 § 6(b)(2)(B) · 98 Stat. 2779

   Substituted · 18 U.S.C. § 2511(2)(f)

   Pub. L. 98–549, § 6(b)(2)(B), substituted “section 705” for “section 605”

   Source evidence

   Code amendment note
   Par. (2)(f). Pub. L. 98–549, § 6(b)(2)(B), substituted “section 705” for “section 605”.

   Enacted provision · exact public law section
   (B) in subsection (2)(f), by striking out “section 605” and inserting in lieu thereof “section 705”.

8. 1986

   Electronic Communications Privacy Act of 1986

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

   Substituted · 18 U.S.C. § 2511

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

   Source evidence

   Code amendment note
   Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” in section catchline.

   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

9. 1986

   Electronic Communications Privacy Act of 1986

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

   1. Substituted · 18 U.S.C. § 2511(1)

      Pub. L. 99–508, § 101(c)(1)(A), (d)(1), (f)[(1)], substituted “intentionally” for “willfully”

   2. Substituted · 18 U.S.C. § 2511(1)

      Pub. L. 99–508, § 101(c)(1)(A), (d)(1), (f)[(1)], substituted “shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5)” for “shall be fined not more than $10,000 or imprisoned not more than five years, or both”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 99–508, § 101(c)(1)(A), (d)(1), (f)[(1)], substituted “intentionally” for “willfully” in subpars. (a) to (d) and “wire, oral, or electronic’ for “wire or oral” wherever appearing in subpars. (a), (c), and (d), and in concluding provisions substituted “shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5)” for “shall be fined not more than $10,000 or imprisoned not more than five years, or both”.

   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

10. 1986

    Electronic Communications Privacy Act of 1986

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

    1. Substituted · 18 U.S.C. § 2511(2)(a)(i)

       Pub. L. 99–508, § 101(c)(5), substituted “a provider of wire or electronic communication service” for “any communication common carrier”

    2. Substituted · 18 U.S.C. § 2511(2)(a)(i)

       Pub. L. 99–508, § 101(c)(5), substituted “of the provider of that service, except that a provider of wire communication service to the public” for “of the carrier of such communication: Provided, That said communication common carriers”

    Source evidence

    Code amendment note
    Par. (2)(a)(i). Pub. L. 99–508, § 101(c)(5), substituted “a provider of wire or electronic communication service” for “any communication common carrier” and “of the provider of that service, except that a provider of wire communication service to the public” for “of the carrier of such communication: Provided, That said communication common carriers”.

    Enacted provision · exact public law section
    (5) Section 2511(2)(a)(i) of title 18, United States Code, is amended— (A) by striking out “any communication common carrier” and inserting “a provider of wire or electronic communication service” in lieu thereof; (B) by striking out “of the carrier of such communication” and inserting “of the provider of that service” in lieu thereof; and (C) by striking out “: Provided, That said communication common carriers” and inserting “, except that a provider of wire communication service to the public” in lieu thereof.

11. 1986

    Electronic Communications Privacy Act of 1986

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

    1. Substituted · 18 U.S.C. § 2511(2)(a)(ii)

       Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “providers of wire or electronic communication service” for “communication common carriers” in two places

    2. Substituted · 18 U.S.C. § 2511(2)(a)(ii)

       Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “wire, oral, or electronic” for “wire or oral” in two places

    3. Substituted · 18 U.S.C. § 2511(2)(a)(ii)

       Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “if such provider” for “if the common carrier” in two places

    4. Substituted · 18 U.S.C. § 2511(2)(a)(ii)

       Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “provider of wire or electronic communication service” for “communication common carrier” in two places

    5. Substituted · 18 U.S.C. § 2511(2)(a)(ii)

       Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “such disclosure” for “violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof” in two places

    6. Substituted · 18 U.S.C. § 2511(2)(a)(ii)

       Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “render such person liable” for “render the carrier liable” in two places

    7. Substituted · 18 U.S.C. § 2511(2)(a)(ii)

       Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “a court order or certification under this chapter” for “an order or certification under this subparagraph” in two places

    Source evidence

    Code amendment note
    Par. (2)(a)(ii). Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “providers of wire or electronic communication service” for “communication common carriers”, “wire, oral, or electronic” for “wire or oral”, “if such provider” for “if the common carrier”, “provider of wire or electronic communication service” for “communication common carrier” wherever appearing, “such disclosure” for “violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof”, “render such person liable” for “render the carrier liable”, and “a court order or certification under this chapter” for “an order or certification under this subparagraph” in two places.

    Enacted provision · exact public law section
    (1) Section 2511(2)(a)(ii) of title 18, United States Code, is amended— (A) by striking out “violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof” and inserting in lieu thereof “such disclosure”; (B) by striking out “the carrier” and inserting in lieu thereof “such person”; and (C) by striking out “an order or certification under this subparagraph” and inserting in lieu thereof “a court order or certification under this chapter”.

12. 1986

    Electronic Communications Privacy Act of 1986

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

    Inserted · 18 U.S.C. § 2511(2)(b)

    Pub. L. 99–508, § 101(c)(1)(B), inserted “or electronic” after “wire”

    Source evidence

    Code amendment note
    Par. (2)(b). Pub. L. 99–508, § 101(c)(1)(B), inserted “or electronic” after “wire”.

    Enacted provision · exact public law section
    (B) in section 2511(2)(b), by inserting “or electronic” after “wire”.

13. 1986

    Electronic Communications Privacy Act of 1986

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

    Substituted · 18 U.S.C. § 2511(2)(c)

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

    Source evidence

    Code amendment note
    Par. (2)(c). 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

14. 1986

    Electronic Communications Privacy Act of 1986

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

    1. Substituted · 18 U.S.C. § 2511(2)(d)

       Pub. L. 99–508, § 101(b)(2), (c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral”

    2. Struck · 18 U.S.C. § 2511(2)(d)

       Pub. L. 99–508, § 101(b)(2), (c)(1)(A), struck out “or for the purpose of committing any other injurious act” after “of any State”

    Source evidence

    Code amendment note
    Par. (2)(d). Pub. L. 99–508, § 101(b)(2), (c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” and struck out “or for the purpose of committing any other injurious act” after “of any State”.

    Enacted provision · exact public law section
    (2) Section 2511(2)(d) of title 18, United States Code, is amended by striking out “or for the purpose of committing any other injurious set”.

15. 1986

    Electronic Communications Privacy Act of 1986

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

    1. Inserted · 18 U.S.C. § 2511(2)(f)

       Pub. L. 99–508, § 101(b)(3), inserted “or chapter 121” in two places

    2. Substituted · 18 U.S.C. § 2511(2)(f)

       Pub. L. 99–508, § 101(b)(3), substituted “foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means” for “foreign communications by a means”

    Source evidence

    Code amendment note
    Par. (2)(f). Pub. L. 99–508, § 101(b)(3), inserted “or chapter 121” in two places and substituted “foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means” for “foreign communications by a means”.

    Enacted provision · exact public law section
    (3) Section 2511(2)(f) of title 18, United States Code, is amended— (A) by inserting “or chapter 121” after “this chapter”; and (B) by striking out “by” the second place it appears and inserting in lieu thereof “, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing”.

16. 1986

    Electronic Communications Privacy Act of 1986

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

    Added · 18 U.S.C. § 2511(2)(g); 18 U.S.C. § 2511(2)(h)

    Pub. L. 99–508, § 101(b)(4), added subpars. (g) and (h)

    Source evidence

    Code amendment note
    Par. (2)(g), (h). Pub. L. 99–508, § 101(b)(4), added subpars. (g) and (h).

    Enacted provision · exact public law section
    (4) Section 2511(2) of title 18, United States Code, is amended by adding at the end the following: “(g) It shall not be unlawful under this chapter or chapter 121 of Post, p. 1860. 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 47 USC 553. Act of 1934; or “(II) is excepted from the application of section 705(a) of 47 USC 605. 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 Post, p. 1868. 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.”.

17. 1986

    Electronic Communications Privacy Act of 1986

    Pub. L. 99–508 § 102 · 100 Stat. 1848

    Added · 18 U.S.C. § 2511(3)

    Pub. L. 99–508, § 102, added par. (3)

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 99–508, § 102, added par. (3).

    Enacted provision · exact public law section
    SEC. 102. REQUIREMENTS FOR CERTAIN DISCLOSURES. Section 2511 of title 18, United States Code, is amended by adding at the end the following: “(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.”.

18. 1986

    Electronic Communications Privacy Act of 1986

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

    Added · 18 U.S.C. § 2511(4); 18 U.S.C. § 2511(5)

    Pub. L. 99–508, § 101(d)(2), added pars. (4) and (5)

    Source evidence

    Code amendment note
    Pars. (4), (5). Pub. L. 99–508, § 101(d)(2), added pars. (4) and (5).

    Enacted provision · exact public law section
    (2) Section 2511 of title 18, United States Code, is amended by adding after the material added by section 102 the following: “(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 100 STAT. 1853a 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.”,

19. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320901 · 108 Stat. 1796

    Added · 18 U.S.C. § 2511(1)(e)

    Pub. L. 103–322, § 320901, added par. (1)(e)

    Source evidence

    Code amendment note
    Par. (1)(e). Pub. L. 103–322, § 320901, added par. (1)(e).

    Enacted provision · exact public law section
    SEC. 320901. WIRETAPS. Section 2511(1) of title 18, United States Code, is amended— (1) by striking “or” at the end of paragraph (c); (2) by inserting “or” at the end of paragraph (d); and (3) by adding after paragraph (d) the following new paragraph: “(e) (i) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by sections 2511(2)(A)(ii), 2511(b)–(c), 2511(e), 2516, and 2518 of this Subchapter, (ii) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, (iii) having obtained or received the information in connection with a criminal investigation, and (iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation,”.

20. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(G) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 2511(4)(b)(ii)

    Pub. L. 103–322, § 330016(1)(G), substituted “fined under this title” for “fined not more than $500”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(1)(G), substituted “fined under this title” for “fined not more than $500”.

    Enacted provision · exact public law section
    (G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by striking “not more than $500” each place it appears and inserting “under this title”;

21. 1994

    Pub. L. 103–414 § 205 · 108 Stat. 4279

    Inserted · 18 U.S.C. § 2511(2)(a)(i)

    Pub. L. 103–414, § 205, inserted “or electronic” after “transmission of a wire”

    Source evidence

    Code amendment note
    Par. (2)(a)(i). Pub. L. 103–414, § 205, inserted “or electronic” after “transmission of a wire”.

    Enacted provision · exact public law section
    SEC. 205. TECHNICAL CORRECTION. Section 2511(2)(a)(i) of title 18, United States Code, is amended by striking “used in the transmission of a wire communication” and inserting “used in the transmission of a wire or electronic communication”

22. 1994

    Pub. L. 103–414 § 204 · 108 Stat. 4279

    Substituted · 18 U.S.C. § 2511(4)(b)

    Pub. L. 103–414, § 204, in introductory provisions substituted “, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then” for “or encrypted, then”

    Source evidence

    Code amendment note
    Par. (4)(b). Pub. L. 103–414, § 204, in introductory provisions substituted “, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then” for “or encrypted, then”.

    Enacted provision · exact public law section
    SEC. 204. PENALTIES FOR MONITORING RADIO COMMUNICATIONS THAT ARE TRANSMITTED USING MODULATION TECHNIQUES WITH NONPUBLIC PARAMETERS. Section 2511(4)(b) of title 18, United States Code, is amended by striking “or encrypted, then” and inserting “, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then”.

23. 1994

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

    Inserted · 18 U.S.C. § 2511(4)(b)(i)

    Pub. L. 103–414, § 202(b)(1), inserted “a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,” after “cellular telephone communication,”

    Source evidence

    Code amendment note
    Par. (4)(b)(i). Pub. L. 103–414, § 202(b)(1), inserted “a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,” after “cellular telephone communication,”.

    Enacted provision · exact public law section
    (1) in subsection (4)(b)(i) by inserting “a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,” after “cellular telephone communication,”; and

24. 1994

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

    Inserted · 18 U.S.C. § 2511(4)(b)(ii)

    Pub. L. 103–414, § 202(b)(2), inserted “a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,” after “cellular telephone communication,”

    Source evidence

    Code amendment note
    Par. (4)(b)(ii). Pub. L. 103–414, § 202(b)(2), inserted “a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,” after “cellular telephone communication,”.

    Enacted provision · exact public law section
    (2) in subsection (4)(b)(ii) by inserting “a cordless telephone communication that is transmitted between the cordless tele-phone handset and the base unit,” after “cellular telephone communication,”.

25. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 604(b)(42) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 2511(1)(e)(i)

    Pub. L. 104–294 substituted “sections 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter” for “sections 2511(2)(A)(ii), 2511(b)–(c), 2511(e), 2516, and 2518 of this subchapter”

    Source evidence

    Code amendment note
    Par. (1)(e)(i). Pub. L. 104–294 substituted “sections 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter” for “sections 2511(2)(A)(ii), 2511(b)–(c), 2511(e), 2516, and 2518 of this subchapter”.

    Enacted provision · exact public law section
    (42) Section 2511(l)(e)(i) of title 18, United States Code, is amended— (A) by striking “sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e)” and inserting “sections 2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e)”; and (B) by striking “subchapter” and inserting “chapter”.

26. 2001

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

    Pub. L. 107–56 § 204 · 115 Stat. 272

    1. Substituted · 18 U.S.C. § 2511(2)(f)

       Pub. L. 107–56, § 204, substituted “this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934” for “this chapter or chapter 121, or section 705 of the Communications Act of 1934”

    2. Substituted · 18 U.S.C. § 2511(2)(f)

       Pub. L. 107–56, § 204, substituted “wire, oral, and electronic communications” for “wire and oral communications”

    Source evidence

    Code amendment note
    Par. (2)(f). Pub. L. 107–56, § 204, substituted “this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934” for “this chapter or chapter 121, or section 705 of the Communications Act of 1934” and “wire, oral, and electronic communications” for “wire and oral communications”.

    Enacted provision · exact public law section
    SEC. 204. CLARIFICATION OF INTELLIGENCE EXCEPTIONS FROM LIMITATIONS ON INTERCEPTION AND DISCLOSURE OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS. Section 2511(2)(f) of title 18. United States Code, is amended— (1) by striking “this chapter or chapter 121” and inserting “this chapter or chapter 121 or 206 of this title”; and (2) by striking “wire and oral” and inserting “wire, oral, and electronic”.

27. 2001

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

    Pub. L. 107–56 § 217(2) · 115 Stat. 272

    Added · 18 U.S.C. § 2511(2)(i)

    Pub. L. 107–56, § 217(2), added subpar. (i)

    Source evidence

    Code amendment note
    Par. (2)(i). Pub. L. 107–56, § 217(2), added subpar. (i).

    Enacted provision · exact public law section
    SEC. 217. INTERCEPTION OF COMPUTER TRESPASSER COMMUNICATIONS. Chapter 119 of title 18, United States Code, is amended— (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.”.

28. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 § 2207(h)(2) · 116 Stat. 2135

    Inserted · 18 U.S.C. § 2511(2)(a)(ii)

    Pub. L. 107–296, § 2207(h)(2), formerly § 225(h)(2), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted “, statutory authorization,” after “terms of a court order” in concluding provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Par. (2)(a)(ii). Pub. L. 107–296, § 2207(h)(2), formerly § 225(h)(2), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted “, statutory authorization,” after “terms of a court order” in concluding provisions.

    Enacted provision · exact public law section
    (2) Section 2511.— Section 2511(2)(a)(ii) of title 18, United States Code, is amended by inserting statutory authorization,” after “court order” the last place it appears.

29. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 § 2207(j)(1) · 116 Stat. 2135

    1. Redesignated · 18 U.S.C. § 2511(4)(b); 18 U.S.C. § 2511(4)(c)

       Pub. L. 107–296, § 2207(j)(1), formerly § 225(j)(1), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), redesignated subpar. (c) as (b)

    2. Struck · 18 U.S.C. § 2511(4)(b); 18 U.S.C. § 2511(4)(c)

       Pub. L. 107–296, § 2207(j)(1), formerly § 225(j)(1), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), struck out former subpar. (b) which read as follows: “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, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then—

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Par. (4)(b), (c). Pub. L. 107–296, § 2207(j)(1), formerly § 225(j)(1), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), redesignated subpar. (c) as (b) and struck out former subpar. (b) which read as follows: “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, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then—

    “(i) if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, 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 cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication or a paging service communication, the offender shall be fined under this title.”

    Enacted provision · exact public law section
    (1) Section 2511.— Section 2511(4) of title 18, United States Code, is amended— (A) by striking paragraph (b); and (B) by redesignating paragraph (c) as paragraph (b).

30. 2008

    Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

    Pub. L. 110–261 § 101(c)(1) · 122 Stat. 2436

    Inserted · 18 U.S.C. § 2511(2)(a)(ii)(A)

    Pub. L. 110–261, § 101(c)(1), inserted “or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978” after “assistance”

    Source evidence

    Code amendment note
    Par. (2)(a)(ii)(A). Pub. L. 110–261, § 101(c)(1), inserted “or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978” after “assistance”.

    Enacted provision · exact public law section
    (1) Title 18, united states code.— Section 2511(2)(a)(ii)(A) of title 18, United States Code, is amended by inserting “or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978” after “assistance”.

    Effective date note
    Amendments by sections 101(c)(1) and 102(c)(1) of Pub. L. 110–261 effective July 10, 2008, except as otherwise provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of Title 50, War and National Defense, see section 402 of Pub. L. 110–261, set out as a note under section 1801 of Title 50. Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(2), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(2), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(2), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(2), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of Title 50, War and National Defense, the amendments made by section 403(b)(2) are effective June 12, 2026.

31. 2008

    Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

    Pub. L. 110–261 § 102(c)(1) · 122 Stat. 2436

    Added · 18 U.S.C. § 2511(2)(a)(iii)

    Pub. L. 110–261, § 102(c)(1), added cl. (iii)

    Source evidence

    Code amendment note
    Par. (2)(a)(iii). Pub. L. 110–261, § 102(c)(1), added cl. (iii).

    Enacted provision · exact public law section
    (1) Title 18, united states code.— Section 2511(2)(a) of title 18, United States Code, is amended by adding at the end the following: “(iii) If a certification under subparagraph (ii)(B) for assistance to obtain foreign intelligence information is based on statutory authority, the certification shall identify the specific statutory provision and shall certify that the statutory requirements have been met.” ; and

    Effective date note
    Amendments by sections 101(c)(1) and 102(c)(1) of Pub. L. 110–261 effective July 10, 2008, except as otherwise provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of Title 50, War and National Defense, see section 402 of Pub. L. 110–261, set out as a note under section 1801 of Title 50. Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(2), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(2), Apr. 20, 2024, 138 Stat. 891; Pub. L. 119–84, § 1(a)(2), Apr. 18, 2026, 140 Stat. 770; Pub. L. 119–87, § 1(a)(2), Apr. 30, 2026, 140 Stat. 811, provided that, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of Title 50, War and National Defense, the amendments made by section 403(b)(2) are effective June 12, 2026.

32. 2018

    Department of Commerce Appropriations Act, 2018

    Pub. L. 115–141 div. V § 104(1)(A) · 132 Stat. 348

    Added · 18 U.S.C. § 2511(2)(j)

    Pub. L. 115–141 added subpar. (j)

    Source evidence

    Code amendment note
    Par. (2)(j). Pub. L. 115–141 added subpar. (j).

    Enacted provision · exact public law section
    Sec. 104. The 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2018: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.

45 of 45 references resolved to an enrolled provision