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Appendix 2 ECPA Provisions

 
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
 January 3, 2005 and July 7, 2006]
[CITE: 18USC2510]
 
 
 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
 PART I--CRIMES
 
 CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
 INTERCEPTION OF ORAL COMMUNICATIONS
 
Sec. 2510. Definitions
 
 As used in this chapter--
 (1) ``wire communication'' means any aural transfer made in 
 whole or in part through the use of facilities for the transmission 
 of communications by the aid of wire, cable, or other like 
 connection between the point of origin and the point of reception 
 (including the use of such connection in a switching station) 
 furnished or operated by any person engaged in providing or 
 operating such facilities for the transmission of interstate or 
 foreign communications or communications affecting interstate or 
 foreign commerce;
 (2) ``oral communication'' means any oral communication uttered 
 by a person exhibiting an expectation that such communication is not 
 subject to interception under circumstances justifying such 
 expectation, but such term does not include any electronic 
 communication;
 (3) ``State'' means any State of the United States, the District 
 of Columbia, the Commonwealth of Puerto Rico, and any territory or 
 possession of the United States;
 (4) ``intercept'' means the aural or other acquisition of the 
 contents of any wire, electronic, or oral communication through the 
 use of any electronic, mechanical, or other device.\1\
---------------------------------------------------------------------------
 \1\ So in original. The period probably should be a semicolon.
---------------------------------------------------------------------------
 (5) ``electronic, mechanical, or other device'' means any device 
 or apparatus which can be used to intercept a wire, oral, or 
 electronic communication other than--
 (a) any telephone or telegraph instrument, equipment or 
 facility, or any component thereof, (i) furnished to the 
 subscriber or user by a provider of wire or electronic 
 communication service in the ordinary course of its business and 
 being used by the subscriber or user in the ordinary course of 
 its business or furnished by such subscriber or user for 
 connection to the facilities of such service and used in the 
 ordinary course of its business; or (ii) being used by a 
 provider of wire or electronic communication service in the 
 ordinary course of its business, or by an investigative or law 
 enforcement officer in the ordinary course of his duties;
 (b) a hearing aid or similar device being used to correct 
 subnormal hearing to not better than normal;
 
 (6) ``person'' means any employee, or agent of the United States 
 or any State or political subdivision thereof, and any individual, 
 partnership, association, joint stock company, trust, or 
 corporation;
  (7) ``Investigative or law enforcement officer'' means any 
 officer of the United States or of a State or political subdivision 
 thereof, who is empowered by law to conduct investigations of or to 
 make arrests for offenses enumerated in this chapter, and any 
 attorney authorized by law to prosecute or participate in the 
 prosecution of such offenses;
 (8) ``contents'', when used with respect to any wire, oral, or 
 electronic communication, includes any information concerning the 
 substance, purport, or meaning of that communication;
 (9) ``Judge of competent jurisdiction'' means--
 (a) a judge of a United States district court or a United 
 States court of appeals; and
 (b) a judge of any court of general criminal jurisdiction of 
 a State who is authorized by a statute of that State to enter 
 orders authorizing interceptions of wire, oral, or electronic 
 communications;
 
 (10) ``communication common carrier'' has the meaning given that 
 term in section 3 of the Communications Act of 1934;
 (11) ``aggrieved person'' means a person who was a party to any 
 intercepted wire, oral, or electronic communication or a person 
 against whom the interception was directed;
 (12) ``electronic communication'' means any transfer of signs, 
 signals, writing, images, sounds, data, or intelligence of any 
 nature transmitted in whole or in part by a wire, radio, 
 electromagnetic, photoelectronic or photooptical system that affects 
 interstate or foreign commerce, but does not include--
 (A) any wire or oral communication;
 (B) any communication made through a tone-only paging 
 device;
 (C) any communication from a tracking device (as defined in 
 section 3117 of this title); or
 (D) electronic funds transfer information stored by a 
 financial institution in a communications system used for the 
 electronic storage and transfer of funds;
 
 (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 wire or 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;
 
 (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;
 (19) ``foreign intelligence information'', for purposes of 
 section 2517(6) of this title, 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;
 
 (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.
 
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 212; 
amended Pub. L. 99-508, title I, Sec. 101(a), (c)(1)(A), (4), Oct. 21, 
1986, 100 Stat. 1848, 1851; Pub. L. 103-414, title II, Secs. 202(a), 
203, Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104-132, title VII, 
Sec. 731, Apr. 24, 1996, 110 Stat. 1303; Pub. L. 107-56, title II, 
Secs. 203(b)(2), 209(1), 217(1), Oct. 26, 2001, 115 Stat. 280, 283, 290; 
Pub. L. 107-108, title III, Sec. 314(b), Dec. 28, 2001, 115 Stat. 1402; 
Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(10), Nov. 2, 2002, 116 
Stat. 1810.)
 
 Amendment of Section
 
 For termination of amendment by Pub. L. 107-56, see Termination 
 Date of 2001 Amendment note below.
 
 References in Text
 
 Section 3 of the Communications Act of 1934, referred to in par. 
(10), is classified to section 153 of Title 47, Telegraphs, Telephones, 
and Radiotelegraphs.
 
 
  Amendments
 
 2002--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;''.
 2001--Par. (1). Pub. L. 107-56, Secs. 209(1)(A), 224, temporarily 
struck out ``and such term includes any electronic storage of such 
communication'' before semicolon at end. See Termination Date of 2001 
Amendment note below.
 Par. (14). Pub. L. 107-56, Secs. 209(1)(B), 224, temporarily 
inserted ``wire or'' after ``transmission of''. See Termination Date of 
2001 Amendment note below.
 Par. (19). Pub. L. 107-108 inserted ``, for purposes of section 
2517(6) of this title,'' before ``means'' in introductory provisions.
 Pub. L. 107-56, Secs. 203(b)(2), 224, temporarily added par. (19). 
See Termination Date of 2001 Amendment note below.
 Pars. (20), (21). Pub. L. 107-56, Secs. 217(1), 224, temporarily 
added pars. (20) and (21). See Termination Date of 2001 Amendment note 
below.
 1996--Par. (12)(D). Pub. L. 104-132, Sec. 731(1), added subpar. (D).
 Par. (16)(F). Pub. L. 104-132, Sec. 731(2), struck out subpar. (F) 
which read as follows: ``an electronic communication;''.
 1994--Par. (1). Pub. L. 103-414, Sec. 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''.
 Par. (12). Pub. L. 103-414, Sec. 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;''.
 Par. (16)(F). Pub. L. 103-414, Sec. 203, added subpar. (F).
 1986--Par. (1). Pub. L. 99-508, Sec. 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.
 Par. (2). Pub. L. 99-508, Sec. 101(a)(2), inserted ``, but such term 
does not include any electronic communication'' before the semicolon at 
end.
 Par. (4). Pub. L. 99-508, Sec. 101(a)(3), inserted ``or other'' 
after ``aural'' and ``, electronic,'' after ``wire''.
 Par. (5). Pub. L. 99-508, Sec. 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).
 Par. (8). Pub. L. 99-508, Sec. 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''.
 Pars. (9)(b), (11). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted 
``wire, oral, or electronic'' for ``wire or oral''.
 Pars. (12) to (18). Pub. L. 99-508, Sec. 101(a)(6), added pars. (12) 
to (18).
 
 
 Termination Date of 2001 Amendment
 
 Pub. L. 107-56, title II, Sec. 224, Oct. 26, 2001, 115 Stat. 295, 
provided that:
 ``(a) In General.--Except as provided in subsection (b), this title 
[enacting section 2712 of this title, section 7210 of Title 22, Foreign 
Relations and Intercourse, and sections 403-5d, 1861, and 1862 of Title 
50, War and National Defense, amending this section, sections 2511, 
2516, 2517, 2520, 2702, 2703, 2707, 2711, 3103a, 3121, 3123, 3124, and 
3127 of this title, sections 7203 and 7205 of Title 22, section 551 of 
Title 47, Telegraphs, Telephones, and Radiotelegraphs, sections 1803 to 
1805, 1823, 1824, 1842, and 1843 of Title 50, and Rules 6 and 41 of the 
Federal Rules of Criminal Procedure, repealing sections 1861 to 1863 of 
Title 50, and enacting provisions set out as notes under sections 2517, 
and 3124 of this title and section 532 of Title 28, Judiciary and 
Judicial Procedure] and the amendments made by this title (other than 
sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219, 221, and 222 
[amending sections 2703, 3103a, 3121, 3123, 3124, 3127 of this title, 
sections 7203 and 7205 of Title 22, section 551 of Title 47, section 
1803 of Title 50, and Rules 6 and 41 of the Federal Rules of Criminal 
Procedure], and the amendments made by those sections) shall cease to 
have effect on December 31, 2005.
 ``(b) Exception.--With respect to any particular foreign 
intelligence investigation that began before the date on which the 
provisions referred to in subsection (a) cease to have effect, or with 
respect to any particular offense or potential offense that began or 
occurred before the date on which such provisions cease to have effect, 
such provisions shall continue in effect.''
 
 
 Effective Date of 1986 Amendment
 
 Section 111 of title I of Pub. L. 99-508 provided that:
 ``(a) In General.--Except as provided in subsection (b) or (c), this 
title and the amendments made by this title [enacting sections 2521 and 
3117 of this title, amending this section and sections 2232, 2511 to 
2513, and 2516 to 2520 of this title, and enacting provisions set out as 
notes under this section] shall take effect 90 days after the date of 
the enactment of this Act [Oct. 21, 1986] and shall, in the case of 
conduct pursuant to a court order or extension, apply only with respect 
to court orders or extensions made after this title takes effect.
 ``(b) Special Rule for State Authorizations of Interceptions.--Any 
interception pursuant to section 2516(2) of title 18 of the United 
States Code which would be valid and lawful without regard to the 
amendments made by this title shall be valid and lawful notwithstanding 
such amendments if such interception occurs during the period beginning 
on the date such amendments take effect and ending on the earlier of--
 ``(1) the day before the date of the taking effect of State law 
 conforming the applicable State statute with chapter 119 of title 
 18, United States Code, as so amended; or
 ``(2) the date two years after the date of the enactment of this 
 Act [Oct. 21, 1986].
 ``(c) Effective Date for Certain Approvals by Justice Department 
Officials.--Section 104 of this Act [amending section 2516 of this 
title] shall take effect on the date of enactment of this Act [Oct. 21, 
1986].''
 
 
 Short Title of 1997 Amendment
 
 Pub. L. 105-112, Sec. 1, Nov. 21, 1997, 111 Stat. 2273, provided 
that: ``This Act [amending section 2512 of this title] may be cited as 
the `Law Enforcement Technology Advertisement Clarification Act of 
1997'.''
 
 
 Short Title of 1986 Amendment
 
 Section 1 of Pub. L. 99-508 provided that: ``This Act [enacting 
sections 1367, 2521, 2701 to 2710, 3117, and 3121 to 3126 of this title, 
amending sections 2232, 2511 to 2513, and 2516 to 2520 of this title, 
and enacting provisions set out as notes under this section and sections 
2701 and 3121 of this title] may be cited as the `Electronic 
Communications Privacy Act of 1986'.''
 
 
 Intelligence Activities
 
 Section 107 of Pub. L. 99-508 provided that:
 ``(a) In General.--Nothing in this Act or the amendments made by 
this Act [see Short Title of 1986 Amendment note above] constitutes 
authority for the conduct of any intelligence activity.
 ``(b) Certain Activities Under Procedures Approved by the Attorney 
General.--Nothing in chapter 119 or chapter 121 of title 18, United 
States Code, shall affect the conduct, by officers or employees of the 
United States Government in accordance with other applicable Federal 
law, under procedures approved by the Attorney General of activities 
intended to--
 ``(1) intercept encrypted or other official communications of 
 United States executive branch entities or United States Government 
 contractors for communications security purposes;
 ``(2) intercept radio communications transmitted between or 
 among foreign powers or agents of a foreign power as defined by the 
 Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801 et 
 seq.]; or
 ``(3) access an electronic communication system used exclusively 
 by a foreign power or agent of a foreign power as defined by the 
 Foreign Intelligence Surveillance Act of 1978.''
 
 
 Congressional Findings
 
 Section 801 of Pub. L. 90-351 provided that: ``On the basis of its 
own investigations and of published studies, the Congress makes the 
following findings:
  ``(a) Wire communications are normally conducted through the use of 
facilities which form part of an interstate network. The same facilities 
are used for interstate and intrastate communications. There has been 
extensive wiretapping carried on without legal sanctions, and without 
the consent of any of the parties to the conversation. Electronic, 
mechanical, and other intercepting devices are being used to overhear 
oral conversations made in private, without the consent of any of the 
parties to such communications. The contents of these communications and 
evidence derived therefrom are being used by public and private parties 
as evidence in court and administrative proceedings, and by persons 
whose activities affect interstate commerce. The possession, 
manufacture, distribution, advertising, and use of these devices are 
facilitated by interstate commerce.
 ``(b) In order to protect effectively the privacy of wire and oral 
communications, to protect the integrity of court and administrative 
proceedings, and to prevent the obstruction of interstate commerce, it 
is necessary for Congress to define on a uniform basis the circumstances 
and conditions under which the interception of wire and oral 
communications may be authorized, to prohibit any unauthorized 
interception of such communications, and the use of the contents thereof 
in evidence in courts and administrative proceedings.
 ``(c) Organized criminals make extensive use of wire and oral 
communications in their criminal activities. The interception of such 
communications to obtain evidence of the commission of crimes or to 
prevent their commission is an indispensable aid to law enforcement and 
the administration of justice.
 ``(d) To safeguard the privacy of innocent persons, the interception 
of wire or oral communications where none of the parties to the 
communication has consented to the interception should be allowed only 
when authorized by a court of competent jurisdiction and should remain 
under the control and supervision of the authorizing court. Interception 
of wire and oral communications should further be limited to certain 
major types of offenses and specific categories of crime with assurances 
that the interception is justified and that the information obtained 
thereby will not be misused.''
 
 
National Commission for the Review of Federal and State Laws Relating to 
 Wiretapping and Electronic Surveillance
 
 Section 804 of Pub. L. 90-351, as amended by Pub. L. 91-452, title 
XII, Sec. 1212, Oct. 15, 1970, 84 Stat. 961; Pub. L. 91-644, title VI, 
Sec. 20, Jan. 2, 1971, 84 Stat. 1892; Pub. L. 93-609, Secs. 1-4, Jan. 2, 
1975, 88 Stat. 1972, 1973; Pub. L. 94-176, Dec. 23, 1975, 89 Stat. 1031, 
established a National Commission for the Review of Federal and State 
Laws Relating to Wiretapping and Electronic Surveillance, provided for 
its membership, Chairman, powers and functions, compensation and 
allowances, required the Commission to study and review the operation of 
the provisions of this chapter to determine their effectiveness and to 
submit interim reports and a final report to the President and to the 
Congress of its findings and recommendations on or before Apr. 30, 1976, 
and also provided for its termination sixty days after submission of the 
final report.
 

 
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
 January 3, 2005 and July 7, 2006]
[CITE: 18USC2511]
 
 
 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
 PART I--CRIMES
 
 CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
 INTERCEPTION OF ORAL COMMUNICATIONS
 
Sec. 2511. Interception and disclosure of wire, oral, or 
 electronic communications prohibited
 
 (1) Except as otherwise specifically provided in this chapter any 
person who--
 (a) intentionally intercepts, endeavors to intercept, or 
 procures any other person to intercept or endeavor to intercept, any 
 wire, oral, or electronic communication;
 (b) intentionally uses, endeavors to use, or procures any other 
 person to use or endeavor to use any electronic, mechanical, or 
 other device to intercept any oral communication when--
 (i) such device is affixed to, or otherwise transmits a 
 signal through, a wire, cable, or other like connection used in 
 wire communication; or
 (ii) such device transmits communications by radio, or 
 interferes with the transmission of such communication; or
 (iii) such person knows, or has reason to know, that such 
 device or any component thereof has been sent through the mail 
 or transported in interstate or foreign commerce; or
 (iv) such use or endeavor to use (A) takes place on the 
 premises of any business or other commercial establishment the 
 operations of which affect interstate or foreign commerce; or 
 (B) obtains or is for the purpose of obtaining information 
 relating to the operations of any business or other commercial 
 establishment the operations of which affect interstate or 
 foreign commerce; or
 (v) such person acts in the District of Columbia, the 
 Commonwealth of Puerto Rico, or any territory or possession of 
 the United States;
 
 (c) intentionally discloses, or endeavors to disclose, to any 
 other person the contents of any wire, oral, or electronic 
 communication, knowing or having reason to know that the information 
 was obtained through the interception of a wire, oral, or electronic 
 communication in violation of this subsection;
 (d) intentionally uses, or endeavors to use, the contents of any 
 wire, oral, or electronic communication, knowing or having reason to 
 know that the information was obtained through the interception of a 
 wire, oral, or electronic communication in violation of this 
 subsection; or
 (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(2)(b)-(c), 2511(2)(e), 2516, and 2518 of this 
 chapter, (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,
 
shall be punished as provided in subsection (4) or shall be subject to 
suit as provided in subsection (5).
 (2)(a)(i) It shall not be unlawful under this chapter for an 
operator of a switchboard, or an officer, employee, or agent of a 
provider of wire or electronic communication service, whose facilities 
are used in the transmission of a wire or electronic communication, to 
intercept, disclose, or use that communication in the normal course of 
his employment while engaged in any activity which is a necessary 
incident to the rendition of his service or to the protection of the 
rights or property of the provider of that service, except that a 
provider of wire communication service to the public shall not utilize 
service observing or random monitoring except for mechanical or service 
quality control checks.
 (ii) Notwithstanding any other law, providers of wire or electronic 
communication service, their officers, employees, and agents, landlords, 
custodians, or other persons, are authorized to provide information, 
facilities, or technical assistance to persons authorized by law to 
intercept wire, oral, or electronic communications or to conduct 
electronic surveillance, as defined in section 101 of the Foreign 
Intelligence Surveillance Act of 1978, if such provider, its officers, 
employees, or agents, landlord, custodian, or other specified person, 
has been provided with--
 (A) a court order directing such assistance signed by the 
 authorizing judge, or
 (B) a certification in writing by a person specified in section 
 2518(7) of this title or the Attorney General of the United States 
 that no warrant or court order is required by law, that all 
 statutory requirements have been met, and that the specified 
 assistance is required,
 
setting forth the period of time during which the provision of the 
information, facilities, or technical assistance is authorized and 
specifying the information, facilities, or technical assistance 
required. No provider of wire or electronic communication service, 
officer, employee, or agent thereof, or landlord, custodian, or other 
specified person shall disclose the existence of any interception or 
surveillance or the device used to accomplish the interception or 
surveillance with respect to which the person has been furnished a court 
order or certification under this chapter, except as may otherwise be 
required by legal process and then only after prior notification to the 
Attorney General or to the principal prosecuting attorney of a State or 
any political subdivision of a State, as may be appropriate. Any such 
disclosure, shall render such person liable for the civil damages 
provided for in section 2520. No cause of action shall lie in any court 
against any provider of wire or electronic communication service, its 
officers, employees, or agents, landlord, custodian, or other specified 
person for providing information, facilities, or assistance in 
accordance with the terms of a court order, statutory authorization, or 
certification under this chapter.
 (b) It shall not be unlawful under this chapter for an officer, 
employee, or agent of the Federal Communications Commission, in the 
normal course of his employment and in discharge of the monitoring 
responsibilities exercised by the Commission in the enforcement of 
chapter 5 of title 47 of the United States Code, to intercept a wire or 
electronic communication, or oral communication transmitted by radio, or 
to disclose or use the information thereby obtained.
 (c) It shall not be unlawful under this chapter for a person acting 
under color of law to intercept a wire, oral, or electronic 
communication, where such person is a party to the communication or one 
of the parties to the communication has given prior consent to such 
interception.
 (d) It shall not be unlawful under this chapter for a person not 
acting under color of law to intercept a wire, oral, or electronic 
communication where such person is a party to the communication or where 
one of the parties to the communication has given prior consent to such 
interception unless such communication is intercepted for the purpose of 
committing any criminal or tortious act in violation of the Constitution 
or laws of the United States or of any State.
 (e) Notwithstanding any other provision of this title or section 705 
or 706 of the Communications Act of 1934, it shall not be unlawful for 
an officer, employee, or agent of the United States in the normal course 
of his official duty to conduct electronic surveillance, as defined in 
section 101 of the Foreign Intelligence Surveillance Act of 1978, as 
authorized by that Act.
 (f) Nothing contained in this chapter or chapter 121 or 206 of this 
title, or section 705 of the Communications Act of 1934, shall be deemed 
to affect the acquisition by the United States Government of foreign 
intelligence information from international or foreign communications, 
or foreign intelligence activities conducted in accordance with 
otherwise applicable Federal law involving a foreign electronic 
communications system, utilizing a means other than electronic 
surveillance as defined in section 101 of the Foreign Intelligence 
Surveillance Act of 1978, and procedures in this chapter or chapter 121 
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, oral, and 
electronic communications may be conducted.
 (g) It shall not be unlawful under this chapter or chapter 121 of 
this title for any person--
 (i) to intercept or access an electronic communication made 
 through an electronic communication system that is configured so 
 that such electronic communication is readily accessible to the 
 general public;
 (ii) to intercept any radio communication which is transmitted--
 (I) by any station for the use of the general public, or 
 that relates to ships, aircraft, vehicles, or persons in 
 distress;
 (II) by any governmental, law enforcement, civil defense, 
 private land mobile, or public safety communications system, 
  including police and fire, readily accessible to the general 
 public;
 (III) by a station operating on an authorized frequency 
 within the bands allocated to the amateur, citizens band, or 
 general mobile radio services; or
 (IV) by any marine or aeronautical communications system;
 
 (iii) to engage in any conduct which--
 (I) is prohibited by section 633 of the Communications Act 
 of 1934; or
 (II) is excepted from the application of section 705(a) of 
 the Communications Act of 1934 by section 705(b) of that Act;
 
 (iv) to intercept any wire or electronic communication the 
 transmission of which is causing harmful interference to any 
 lawfully operating station or consumer electronic equipment, to the 
 extent necessary to identify the source of such interference; or
 (v) for other users of the same frequency to intercept any radio 
 communication made through a system that utilizes frequencies 
 monitored by individuals engaged in the provision or the use of such 
 system, if such communication is not scrambled or encrypted.
 
 (h) It shall not be unlawful under this chapter--
 (i) to use a pen register or a trap and trace device (as those 
 terms are defined for the purposes of chapter 206 (relating to pen 
 registers and trap and trace devices) of this title); or
 (ii) for a provider of electronic communication service to 
 record the fact that a wire or electronic communication was 
 initiated or completed in order to protect such provider, another 
 provider furnishing service toward the completion of the wire or 
 electronic communication, or a user of that service, from 
 fraudulent, unlawful or abusive use of such service.
 
 (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.
 
 (3)(a) Except as provided in paragraph (b) of this subsection, a 
person or entity providing an electronic communication service to the 
public shall not intentionally divulge the contents of any communication 
(other than one to such person or entity, or an agent thereof) while in 
transmission on that service to any person or entity other than an 
addressee or intended recipient of such communication or an agent of 
such addressee or intended recipient.
 (b) A person or entity providing electronic communication service to 
the public may divulge the contents of any such communication--
 (i) as otherwise authorized in section 2511(2)(a) or 2517 of 
 this title;
 (ii) with the lawful consent of the originator or any addressee 
 or intended recipient of such communication;
 (iii) to a person employed or authorized, or whose facilities 
 are used, to forward such communication to its destination; or
 (iv) which were inadvertently obtained by the service provider 
 and which appear to pertain to the commission of a crime, if such 
 divulgence is made to a law enforcement agency.
 
 (4)(a) Except as provided in paragraph (b) of this subsection or in 
subsection (5), whoever violates subsection (1) of this section shall be 
fined under this title or imprisoned not more than five years, or both.
 (b) Conduct otherwise an offense under this subsection that consists 
of or relates to the interception of a satellite transmission that is 
not encrypted or scrambled and that is transmitted--
 (i) to a broadcasting station for purposes of retransmission to 
 the general public; or
 (ii) as an audio subcarrier intended for redistribution to 
 facilities open to the public, but not including data transmissions 
 or telephone calls,
 
is not an offense under this subsection unless the conduct is for the 
purposes of direct or indirect commercial advantage or private financial 
gain.
 (5)(a)(i) If the communication is--
 (A) a private satellite video communication that is not 
 scrambled or encrypted and the conduct in violation of this chapter 
 is the private viewing of that communication and is not for a 
 tortious or illegal purpose or for purposes of direct or indirect 
 commercial advantage or private commercial gain; or
 (B) a radio communication that is transmitted on frequencies 
 allocated under subpart D of part 74 of the rules of the Federal 
 Communications Commission that is not scrambled or encrypted and the 
 conduct in violation of this chapter is not for a tortious or 
 illegal purpose or for purposes of direct or indirect commercial 
 advantage or private commercial gain,
 
then the person who engages in such conduct shall be subject to suit by 
the Federal Government in a court of competent jurisdiction.
 (ii) In an action under this subsection--
 (A) if the violation of this chapter is a first offense for the 
 person under paragraph (a) of subsection (4) and such person has not 
 been found liable in a civil action under section 2520 of this 
 title, the Federal Government shall be entitled to appropriate 
 injunctive relief; and
 (B) if the violation of this chapter is a second or subsequent 
 offense under paragraph (a) of subsection (4) or such person has 
 been found liable in any prior civil action under section 2520, the 
 person shall be subject to a mandatory $500 civil fine.
 
 (b) The court may use any means within its authority to enforce an 
injunction issued under paragraph (ii)(A), and shall impose a civil fine 
of not less than $500 for each violation of such an injunction.
 
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 213; 
amended Pub. L. 91-358, title II, Sec. 211(a), July 29, 1970, 84 Stat. 
654; Pub. L. 95-511, title II, Sec. 201(a)-(c), Oct. 25, 1978, 92 Stat. 
1796, 1797; Pub. L. 98-549, Sec. 6(b)(2), Oct. 30, 1984, 98 Stat. 2804; 
Pub. L. 99-508, title I, Secs. 101(b), (c)(1), (5), (6), (d), (f)[(1)], 
102, Oct. 21, 1986, 100 Stat. 1849, 1851-1853; Pub. L. 103-322, title 
XXXII, Sec. 320901, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 
Stat. 2123, 2147; Pub. L. 103-414, title II, Secs. 202(b), 204, 205, 
Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104-294, title VI, 
Sec. 604(b)(42), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 107-56, title 
II, Secs. 204, 217(2), Oct. 26, 2001, 115 Stat. 281, 291; Pub. L. 107-
296, title II, Sec. 225(h)(2), (j)(1), Nov. 25, 2002, 116 Stat. 2158.)
 
 Amendment of Section
 
 For termination of amendment by Pub. L. 107-56, see Termination 
 Date of 2001 Amendment note below.
 
 References in Text
 
 The Foreign Intelligence Surveillance Act of 1978, referred to in 
par. (2)(e), (f), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, which 
is classified principally to chapter 36 (Sec. 1801 et seq.) of Title 50, 
War and National Defense. Section 101 of the Foreign Intelligence 
Surveillance Act of 1978, referred to in par. (2)(a)(ii), (e), and (f), 
is classified to section 1801 of Title 50. For complete classification 
of this Act to the Code, see Short Title note set out under section 1801 
of Title 50 and Tables.
 Sections 633, 705, and 706 of the Communications Act of 1934, 
referred to in par. (2)(e), (f), (g)(iii), are classified to sections 
553, 605, and 606 of Title 47, Telegraphs, Telephones, and 
Radiotelegraphs, respectively.
 
 
 Amendments
 
 2002--Par. (2)(a)(ii). Pub. L. 107-296, Sec. 225(h)(2), inserted ``, 
statutory authorization,'' after ``terms of a court order'' in 
concluding provisions.
 Par. (4)(b), (c). Pub. L. 107-296, Sec. 225(j)(1), 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.''
 2001--Par. (2)(f). Pub. L. 107-56, Secs. 204, 224, temporarily 
substituted ``this chapter or chapter 121 or 206 of this