/* We have received many requests for information on the

Electronic Communication's Privacy Act. We are happy to

oblige and the full text of this law follows. */

CHAPTER 119 -- WIRE AND ELECTRONIC COMMUNICATIONS

INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS

Sec.

2510.	Definitions.

2511.	Interception and disclosure of wire or oral communications

prohibited.

2512.	Manufacture, distribution, possession, and advertising of wire or

oral communication intercepting devices prohibited.

2513.	Confiscation of wire, oral, or electronic communication

intercepting devices.

2514.	Immunity of witnesses.

2515.	Prohibition of use as evidence of intercepted wire, oral, or

electronic communications.

2516.	Authorization for interception of wire, oral, or electronic

communications.

2517.	Authorization for disclosure and use of intercepted wire, oral, or

electronic communications.

2518.	Procedure for interception of wire, oral, or electronic

communications.

2519.	Reports concerning intercepted wire, oral or electronic

communications.

2520.	Recovery of civil damages authorized.

2521.	Injunction against illegal interception.

_ 2510. Definitions

As used in this chapter --

(1) "wire communication" means any aural transfer made in whole or in

part through the use of facilities for the transmission of

communications by the aid of wire, cable, or other like

connection between the point of origin and the point of reception

(including the use of such connection in a switching station)

furnished or operated by any person engaged in providing or

operating such facilities for the transmission of interstate or

foreign communications or communications affecting interstate or

foreign commerce and such term includes any electronic storage of

such communication, but such term does not include the radio

portion of a cordless telephone communication that is transmitted

between the cordless telephone handset and the base unit;

(2) "oral communication" means any oral communication uttered by a

person exhibiting an expectation that such communication is not

subject to interception under circumstances justifying such

expectation, but such term does not include any electronic

communication;

(3) "State" means any State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, and any territory or

possession of the United States.

(4) "intercept" means the aural or other acquisition of the contents

of any wire, electronic, or oral communication through the use of

any electronic, mechanical, or other device.

(5) "electronic mechanical, or other device" means any device or

apparatus which can be used to intercept a wire, oral, or

electronic communication other than --

(a) any telephone or telegraph instrument, equipment or

facility, or any component thereof, (i) furnished to the

subscriber or user by a provider of wire or electronic

communication service in the ordinary course of its business

and being used by the subscriber or user in the ordinary

course of its business or furnished by such subscriber or

user for connection to the facilities of such service and

used in the ordinary course of its business; or (ii) being

used by a communications common carrier in the ordinary

course of its business, or by an investigative or law

enforcement officer in the ordinary course of his duties;

(b) a hearing aid or similar device being used to correct

subnormal hearing to not better than normal;

(6) "person" means any employee, or agent of the United States or any

State or political subdivision thereof, and any individual,

partnership, association, joint stock company, trust, or

corporation;

(7) "Investigative or law enforcement officer" means any officer of

the United States or of a State or political subdivision thereof,

who is empowered by law to conduct investigations of or to make

arrests for offenses enumerated in this chapter, and any attorney

authorized by law to prosecute or participate in the prosecution

of such offenses;

(8) "contents", when used with respect to any wire, oral, or

electronic communication, includes any information concerning the

substance, purport, or meaning of that communication;

(9) "Judge of competent jurisdiction" means --

(a) a judge of a United States district court or a United States

court of appeals; and

(b) a judge of any court of general criminal jurisdiction of a

State who is authorized by a statute of that State to enter

orders authorizing interceptions of wire, oral, or

electronic communications;

(10) "communication common carrier" shall have the same meaning which

is given the term "common carrier" by section 153(h) of title 47

of the United States Code;

(11) "aggrieved person" means a person who was a party to any

intercepted wire, oral, or electronic communication or a person

against whom the interception was directed;

(12) "electronic communication" means any transfer of signs, signals,

writing, images, sounds, data, or intelligence of any nature

transmitted in whole or in part by a wire, radio,

electromagnetic, photoelectronic or photooptical system that

affects interstate or foreign commerce, but does not include --

(A) the radio portion of a cordless telephone communication that

is transmitted between the cordless telephone handset and

the base unit;

(B) any wire or oral communication;

(C) any communication made through a tone-only paging device; or

(D) any communication from a tracking device (as defined in

section 3117 of this title);

/* The definition of "electronic communication would include the

use of a modem to call a bulletin board system. */

(13) "user" means any person or entity who --

(A) uses an electronic communication service; and

(B) is duly authorized by the provider of such service to engage

in such use;

(14) "electronic communications system" means any wire, radio,

electromagnetic, photooptical or photoelectronic facilities for

the transmission of electronic communications, and any computer

facilities or related electronic equipment for the electronic

storage of such communications;

(15) "electronic communication service" means any service which

provides to users thereof the ability to send or receive wire or

electronic communications;

(16) "readily accessible to the general public" means, with respect to

a radio communication, that such communication is not --

(A) scrambled or encrypted;

(B) transmitted using modulation techniques whose essential

parameters have been withheld from the public with the

intention of preserving the privacy of such communication;

(C) carried on a subcarrier or other signal subsidiary to a

radio transmission;

(D) transmitted over a communication system provided by a common

carrier, unless the communication is a tone only paging

system communication; or

(E) transmitted on frequencies allocated under part 25, subpart

D, E, or F of part 74, or part 94 of the Rules of the

Federal Communications Commission, unless, in the case of a

communication transmitted on a frequency allocated under

part 74 that is not exclusively allocated to broadcast

auxiliary services, the communication is a two-way voice

communication by radio;

(17) "electronic storage" means --

(A) any temporary, intermediate storage of a wire or electronic

communication incidental to the electronic transmission

thereof; and

(B) any storage of such communication by an electronic

communication service for purposes of backup protection of

such communication; and

(18) "aural transfer" means a transfer containing the human voice at

any point between and including the point of origin and the point

of reception.

_ 2511. Interception and disclosure of wire, oral, or electronic

communications prohibited

(1) Except as otherwise specifically provided in this chapter any

person who--

(a) intentionally intercepts, endeavors to intercept, or

procures any other person to intercept or endeavor to

intercept, any wire, oral, or electronic communication;

(b) intentionally uses, endeavors to use, or procures any other

person to use or endeavor to use any electronic, mechanical,

or other device to intercept any oral communication when --

(i) such device is affixed to, or otherwise transmits a

signal through, a wire, cable, or other like connection

used in wire communication; or

(ii) such device transmits communications by radio, or

interferes with the transmission of such communication;

or

(iii) such person knows, or has reason to know, that such

device or any component thereof has been sent through

the mail or transported in interstate or foreign

commerce; or

(iv) such use or endeavor to use (A) takes place on the

premises of any business or other commercial

establishment the operations of which affect interstate

or foreign commerce; or (B) obtains or is for the

purpose of obtaining information relating to the

operations of any business or other commercial

establishment the operations of which affect interstate

or foreign commerce; or

(v) such person acts in the District of Columbia, the

Commonwealth of Puerto Rico, or any territory or

possession of the United States;

(c) intentionally discloses, or endeavors to disclose, to any

other person the contents of any wire, oral, or electronic

communication, knowing or have reason to know that the

information was obtained through the interception of a wire,

oral, or electronic communication in violation of this

subsection; or

(d) intentionally uses, or endeavors to use, the contents of any

wire, oral, or electronic communication, knowing or having

reason to know that the information was obtained through the

interception of a wire, oral, or electronic communication in

violation of this subsection;

shall be punished as provided in subsection (4) or shall be

subject to suit as provided in subsection (5).

(2) (a) (i) It shall not be unlawful under this chapter for an

operator of a switchboard, or an officer, employee, or

agent of a provider of wire or electronic communication

service, whose facilities are used in the transmission

of a wire communication, to intercept, disclose, or use

that communication in the normal course of his

employment while engaged in any activity which is a

necessary incident to the rendition of his service or

to the protection of the rights or property of the

provider of that service, except that a provider of

wire communication service to the public shall not

utilize service observing or random monitoring except

for mechanical or service quality control checks.

(ii) Notwithstanding any other law, providers of wire or

electronic communication service, their officers,

employees, and agents, landlords, custodians, or other

persons, are authorized to provide information

facilities, or technical assistance to persons

authorized by law to intercept wire, oral, or

electronic communications or to conduct electronic

surveillance, as defined in section 101 of the Foreign

Intelligence Surveillance Act of 1978, if such

provider, its officers, employees, or agents, landlord,

custodian, or other specified person, has been provided

with --

(A) a court order directing such assistance signed by

the authorizing judge, or

(B) a certification in writing by a person specified

in section 2518(7) of this title or the Attorney

General of the United States that no warrant or

court order is required by law, that all statutory

requirements have been met, and that the specified

assistance is required.

setting forth the period of time during which the

provision of the information, facilities, or technical

assistance is authorized and specifying the

information, facilities, or technical assistance

required. No provider of wire or electronic

communication service, officer, employee, or agent

thereof, or landlord, custodian, or other specified

person shall disclose the existence of any interception

or surveillance or the device used to accomplish the

interception or surveillance with respect to which the

person has been furnished a court order or

certification under this chapter, except as may

otherwise be required by legal process and then only

after prior notification to the Attorney General or to

the principal prosecuting attorney of a State or any

political subdivision of a State, as may be

appropriate. Any such disclosure, shall render such

person liable for the civil damages provided for in

section 2520. No cause of action shall lie in any

court against any provider of wire or electronic

communication service, its officers, employees, or

agents, landlord, custodian, or other specified person

for providing information, facilities, or assistance in

accordance with the terms of an order or certification

under this subparagraph.

(b) It shall not be unlawful under this chapter for an officer,

employee, or agent of the Federal Communications Commission,

in the normal course of his employment and in discharge of

the monitoring responsibilities exercised by the Commission

in the enforcement of chapter 5 of title 47 of the United

States Code, to intercept a wire or electronic

communication, or oral communication transmitted by radio,

or to disclose or use the information thereby obtained.

(c) It shall not be unlawful under this chapter for a person

acting under color of law to intercept a wire, oral, or

electronic communication, where such person is a party to

the communication or one of the parties to the communication

has given prior consent to such interception.

(d) It shall not be unlawful under this chapter for a person not

acting under color of law to intercept a wire, oral, or

electronic communication where such person is a party to the

communication or where one of the parties to the

communication has given prior consent to such interception

unless such communication is intercepted for the purpose of

committing any criminal or tortious act in violation of the

Constitution or laws of the United States or of any State.

(e) Notwithstanding any other provision of this title or section

705 or 706 of the Communications Act of 1934, it shall not

be unlawful for an officer, employee, or agent of the United

States in the normal course of his official duty to conduct

electronic surveillance, as defined in section 101 of the

Foreign Intelligence Surveillance Act of 1978, as authorized

by that Act.

(f) Nothing contained in this chapter or chapter 121, or section

705 of the Communications Act of 1934, shall be deemed to

affect the acquisition by the United States Government of

foreign intelligence information from international or

foreign communications, or foreign intelligence activities

conducted in accordance with otherwise applicable Federal

law involving a foreign electronic communications system,

utilizing a means other than electronic surveillance as

defined in section 101 of the Foreign Intelligence

Surveillance Act of 1978, and procedures in this chapter and

the Foreign Intelligence Surveillance Act of 1978 shall be

the exclusive means by which electronic surveillance, as

defined in section 101 of such Act, and the interception of

domestic wire and oral communications may be conducted.

(g) It shall not be unlawful under this chapter or chapter 121

of this title for any person --

(i) to intercept or access an electronic communication made

through an electronic communication system that is

configured so that such electronic communication is

readily accessible to the general public;

(ii) to intercept any radio communication which is

transmitted --

(I) by any station for the use of the general public,

or that relates to ships, aircraft, vehicles, or

persons in distress;

(II) by any governmental, law enforcement, civil

defense, private land mobile, or public safety

communications system, including police and fire,

readily accessible to the general public;

(III) by a station operating on an authorized frequency

within the bands allocated to the amateur,

citizens band, or general mobile radio services;

or

(IV) by any marine or aeronautical communications

system;

(iii) to engage in any conduct which --

(I) is prohibited by section 633 of the Communications

Act of 1934; or

(II) is excepted from the application of section 705(a)

of the Communications Act of 1934 by section

705(b) of that Act;

(iv) to intercept any wire or electronic communication the

transmission of which is causing harmful interference

to any lawfully operating station or consumer

electronic equipment, to the extent necessary to

identify the source of such interference; or

(v) for other users of the same frequency to intercept any

radio communication made through a system that utilizes

frequencies monitored by individuals engaged in the

provision or the use of such system, if such

communication is not scrambled or encrypted.

(h) It shall not be unlawful under this chapter --

(i) to use a pen register or a trap and trace device (as

those terms are defined for the purposes of chapter 206

(relating to pen registers and trap and trace devices)

of this title); or

(ii) for a provider of electronic communication service to

record the fact that a wire or electronic communication

was initiated or completed in order to protect such

provider, another provider furnishing service toward

the completion of the wire or electronic communication,

or a user of that service, from fraudulent, unlawful or

abusive use of such service.

(3) (a) Except as provided in paragraph (b) of this subsection, a

person or entity providing an electronic communication

service to the public shall not intentionally divulge the

contents of any communication (other than one to such person

or entity, or an agent thereof) while in transmission on

that service to any person or entity other than an addressee

or intended recipient of such communication or an agent of

such addressee or intended recipient.

(b) A person or entity providing electronic communication

service to the public may divulge the contents of any such

communication --

(i) as otherwise authorized in section 2511(2)(a) or 2517

of this title;

(ii) with the lawful consent of the originator or any

addressee or intended recipient of such communication;

(iii) to a person employed or authorized, or whose

facilities are used, to forward such communication to

its destination; or

(iv) which were inadvertently obtained by the service

provider and which appear to pertain to the commission

of a crime, if such divulgence is made to a law

enforcement agency.

(4) (a) Except as provided in paragraph (b) of this subsection or in

subsection (5), whoever violates subsection (1) of this

section shall be fined under this title or imprisoned not

more than five years, or both.

(b) If the offense is a first offense under paragraph (a) of

this subsection and is not for a tortious or illegal purpose

or for purposes of direct or indirect commercial advantage

or private commercial gain, and the wire or electronic

communication with respect to which the offense under

paragraph (a) is a radio communication that is not scrambled

or encrypted, then --

(i) If the communication is not the radio portion of a

cellular telephone communication, a public land mobile

radio service communication or a paging service

communication, and the conduct is not that described in

subsection (5), the offender shall be fined under this

title or imprisoned not more than one year, or both,

and

(ii) if the communication is the radio portion of a cellular

telephone communication, a public land mobile radio

service communication or a paging service

communication, the offender shall be fined not more

than $500.

(c) Conduct otherwise an offense under this subsection that

consists of or relates to the interception of a satellite

transmission that is not encrypted or scrambled and that is

transmitted --

(i) to a broadcasting station for purposes of

retransmission to the general public; or

(ii) as an audio subcarrier intended for redistribution to

facilities open to the public, but not including data

transmissions or telephone calls,

is not an offense under this subsection unless the conduct

is for the purposes of direct or indirect commercial

advantage or private financial gain.

(5) (a) (i) If the communication is --

(A) a private satellite video communication that is

not scrambled or encrypted and the conduct in

violation of this chapter is the private viewing

of that communication and is not for a tortious or

illegal purpose or for purposes of direct or

indirect commercial advantage or private

commercial gain; or

(B) a radio communication that is transmitted on

frequencies allocated under subpart D of part 74

of the rules of the Federal Communications

Commission that is not scrambled or encrypted and

the conduct in violation of this chapter is not

for a tortious or illegal purpose or for purposes

of direct or indirect commercial advantage or

private commercial gain.

then the person who engages in such conduct shall be

subject to suit by the Federal Government in a court of

competent jurisdiction.

(ii) In an action under this subsection --

(A) if the violation of this chapter is a first

offense for the person under paragraph (a) of

subsection (4) and such person has not been found

liable in a civil action under section 2520 of

this title, the Federal Government shall be

entitled to appropriate injunctive relief; and

(B) if the violation of this chapter is a second or

subsequent offense under paragraph (a) of

subsection (4) or such person has been found

liable in any prior civil action under section

2520, the person shall be subject to a mandatory

$500 civil fine.

(b) The court may use any means within its authority to enforce

an injunction issued under paragraph (ii)(A), and shall

impose a civil fine of not less than $500 for each violation

of such an injunction.

_ 2512. Manufacture, distribution, possession, and advertising of wire,

oral, or electronic communication intercepting devices prohibited

(1) Except as otherwise specifically provided in this chapter, any

person who intentionally --

(a) sends through the mail, or sends or carries in interstate or

foreign commerce, any electronic, mechanical, or other

device, knowing or having reason to know that the design of

such device renders it primarily useful for the purpose of

the surreptitious interception of wire, oral, or electronic

communications;

(b) manufactures, assembles, possesses, or sells any electronic,

mechanical, or other device, knowing or having reason to

know that the design of such device renders it primarily

useful for the purpose of the surreptitious interception of

wire, oral, or electronic communications, and that such

device or any component thereof has been or will be sent

through the mail or transported in interstate or foreign

commerce; or

(c) places in any newspaper, magazine, handbill, or other

publication any advertisement of --

(i) any electronic, mechanical, or other device knowing or

having reason to know that the design of such device

renders it primarily useful for the purpose of the

surreptitious interception of wire, oral, or electronic

communications; or

(ii) any other electronic, mechanical, or other device,

where such advertisement promotes the use of such

device for the purpose of the surreptitious

interception of wire, oral, or electronic

communications,

knowing or having reason to know that such advertisement

will be sent through the mail or transported in interstate

or foreign commerce,

shall be fined not more than $10,000 or imprisoned not more than

five years, or both.

(2) It shall not be unlawful under this section for --

(a) a provider of wire or electronic communication service or

an officer, agent, or employee of, or a person under

contract with, such a provider, in the normal course of the

business of providing that wire or electronic communications

service, or

(b) an officer, agent, or employee of, or a person under

contract with, the United States, a State, or a political

subdivision thereof, in the normal course of the activities

of the United States, a State, or a political subdivision

thereof, to send through the mail, send or carry in

interstate or foreign commerce, or manufacture, assemble,

possess, or sell any electronic, mechanical, or other device

knowing or having reason to know that the design of such

device renders it primarily useful for the purpose of the

surreptitious interception of wire, oral, or electronic

communications.

_ 2513. Confiscation of wire, oral, or electronic communication

intercepting devices

Any electronic, mechanical, or other device used, sent, carried,

manufactured, assembled, possessed, sold, or advertised in violation of

section 2511 or section 2512 of this chapter may be seized and forfeited to

the United States. All provisions of law relating to (1) the seizure,

summary and judicial forfeiture, and condemnation of vessels, vehicles,

merchandise, and baggage for violations of the customs laws contained in

title 19 of the United States Code, (2) the disposition of such vessels,

vehicles, merchandise, and baggage or the proceeds from the sale thereof,

(3) the remission or mitigation of such forfeiture, (4) the compromise of

claims, and (5) the award of compensation to informers in respect of such

forfeitures, shall apply to seizures and forfeitures incurred, or alleged

to have been incurred, under the provisions of this section, insofar as

applicable and not inconsistent with the provisions of this section; except

that such duties as are imposed upon the collector of customs or any other

person with respect to the seizure and forfeiture of vessels, vehicles,

merchandise, and baggage under the provisions of the customs laws contained

in title 19 of the United States Code shall be performed with respect to

seizure and forfeiture of electronic, mechanical, or other intercepting

devices under this section by such officers, agents, or other persons as

may be authorized or designated for that purpose by the Attorney General.

_ 2515. Prohibition of use as evidence of intercepted wire or oral

communications

Whenever any wire or oral communication has been intercepted, no part

of the contents of such communication and no evidence derived therefrom may

be received in evidence in any trial hearing, or other proceeding in or

before any court, grand jury, department, officer, agency, regulatory body,

legislative committee, or other authority of the United States, a State, or

a political subdivision thereof if the disclosure of that information would

be in violation of this chapter.

_ 2516. Authorization for interception of wire, oral, or electronic

communications

(1) The Attorney General, Deputy Attorney General, Associate Attorney

General, any Assistant Attorney General, any acting Assistant

Attorney General, or any Deputy Assistant Attorney General in the

Criminal Division specially designated by the Attorney General,

may authorize an application to a Federal judge of competent

jurisdiction for, and such judge may grant in conformity with

section 2518 of this chapter an order authorizing or approving

the interception of wire of oral communications by the Federal

Bureau of Investigation, or a Federal agency having

responsibility for the investigation of the offense as to which

the application is made, when such interception may provide or

has provided evidence of --

(a) any offense punishable by death or by imprisonment for more

than one year under sections 2274 through 2277 of title 42

of the United States Code (relating to the enforcement of

the Atomic Energy Act of 1954), section 2284 of title 42 of

the United States Code (relating to sabotage of nuclear

facilities or fuel), or under the following chapters of this

title: chapter 37 (relating to espionage), chapter 105

(relating to sabotage), chapter 115 (relating to treason),

chapter 102 (relating to riots), chapter 65 (relating to

malicious mischief), chapter 111 (relating to destruction of

vessels), or chapter 81 (relating to piracy);

(b) a violation of section 186 or section 501(c) of title 29,

United States Code (dealing with restrictions on payments

and loans to labor organizations), or any offense which

involves murders, kidnaping, robbery, or extortion, and

which is punishable under this title;

(c) any offense which is punishable under the following sections

of this title: section 201 (bribery of public officials and

witnesses), section 224 (bribery in sporting contests),

subsection (d), (e), (f), (g), (h), or (i) of section 844

(unlawful use of explosives), section 1084 (transmission of

wagering information), section 751 (relating to escape),

sections 1503, 1512, and 1513 (influencing or injuring an

officer, juror, or witness generally), section 1510

(obstruction of criminal investigations), section 1511

(obstruction of State or local law enforcement), section

1751 (Presidential and Presidential staff assassination,

kidnaping, and assault), section 1951 (interference with

commerce by threats or violence), section 1952 (interstate

and foreign travel or transportation in aid of racketeering

enterprises), section 1952A (relating to use of interstate

commerce facilities in the commission of murder for hire),

section 1952B (relating to violent crimes in aid of

racketeering activity), section 1954 (offer, acceptance, or

solicitation to influence operations of employee benefit

plan), section 1955 (prohibition of business enterprises of

gambling), section 1956 (laundering of monetary

instruments), section 1957 (relating to engaging in monetary

transactions in property derived from specified unlawful

activity), section 659 (theft from interstate shipment),

section 664 (embezzlement from pension and welfare funds),

section 1343 (fraud by wire, radio, or television), section

2252 or 2253 (sexual exploitation of children), sections

2251 and 2252 (sexual exploitation of children), sections

2312, 2313, 2314, and 2315 (interstate transportation of

stolen property), the second section 2320 (relating to

trafficking in certain motor vehicles or motor vehicle

parts, section 1203 (relating to hostage taking), section

1029 (relating to fraud and related activity in connection

with access devices), section 3146 (relating to penalty for

failure to appear), section 3521(b)(3) (relating to witness

relocation and assistance), section 32 (relating to

destruction of aircraft or aircraft facilities), section

1963 (violations with respect to racketeer influenced and

corrupt organizations), section 115 (relating to threatening

or retaliating against a Federal official), the section in

chapter 65 relating to destruction of an energy facility,

and section 1341 (relating to mail fraud), section 351

(violations with respect to congressional, Cabinet, or

Supreme Court assassinations, kidnaping, and assault),

section 831 (relating to prohibited transactions involving

nuclear materials), section 33 (relating to destruction of

motor vehicles or motor vehicle facilities), or section 1992

(relating to wrecking trains);

(d) any offense involving counterfeiting punishable under

section 471, 472, or 473 of this title;

(e) any offense involving fraud connected with a case under

title 11 or the manufacture, importation, receiving,

concealment, buying, selling, or otherwise dealing in

narcotic drugs, marihuana, or other dangerous drugs,

punishable under any law of the United States;

(f) any offense including extortionate credit transactions under

sections 892, 893, or 894 of this title;

(g) a violation of section 5322 of title 31, United States Code

(dealing with the reporting of currency transactions);

(h) any felony violation of sections 2511 and 2512 (relating to

interception and disclosure of certain communications and to

certain intercepting devices) of this title;