(i) any violation of section 1679a(c)(2) (relating to

destruction of a natural gas pipeline) or subsection (i) or

(n) of section 1472 (relating to aircraft piracy) of title

49, of the United States Code;

(j) any criminal violation of section 2778 of title 22 (relating

to the Arms Export Control Act); or

(k) the location of any fugitive from justice from an offense

described in this section;

(l) any conspiracy to commit any of the foregoing offenses.

(2) The principal prosecuting attorney of any State, or the principal

prosecuting attorney of any political subdivision thereof, if

such attorney is authorized by a statute of that State to make

application to a State court judge of competent jurisdiction for

an order authorizing or approving the interception of wire, oral,

or electronic communications, may apply to such judge for, and

such judge may grant in conformity with section 2518 of this

chapter and with the applicable State statute an order

authorizing, or approving the interception of wire, oral, or

electronic communications by investigative or law enforcement

officers having responsibility for the investigation of the

offense as to which the application is made, when such

interception may provide or has provided evidence of the

commission of the offense of murder, kidnaping, gambling,

robbery, bribery, extortion, or dealing in narcotic drugs,

marihuana or other dangerous drugs, or other crime dangerous to

life, limb, or property, and punishable by imprisonment for more

than one year, designated in any applicable State statute

authorizing such interception, or any conspiracy to commit any of

the foregoing offenses.

(3) Any attorney for the Government (as such term is defined for the

purposes of the Federal Rules of Criminal Procedure) may

authorize an application to a Federal judge of competent

jurisdiction for, and such judge may grant, in conformity with

section 2518 of this title, or order authorizing or approving the

interception of electronic communications by an investigative or

law enforcement officer having responsibility for the

investigation of the offense to which the application is made,

when such interception may provide or has provided evidence of

any Federal felony.

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

or electronic communications

(1) Any investigative or law enforcement officer who, by any means

authorized by this chapter, has obtained knowledge of the

contents of any wire, oral, or electronic communication, or

evidence derived therefrom, may disclose such contents to another

investigative or law enforcement officer to the extent that such

disclosure is appropriate to the proper performance of the

official duties of the officer making or receiving the

disclosure.

(2) Any investigative or law enforcement officer who, by any means

authorized by this chapter, has obtained knowledge of the

contents of any wire, oral, or electronic communication or

evidence derived therefrom any use such contents to the extent

such use is appropriate to the proper performance of his official

duties.

(3) Any person who has received, by any means authorized by this

chapter, any information concerning a wire, oral, or electronic

communication, or evidence derived therefrom intercepted in

accordance with the provisions of this chapter may disclose the

contents of that communication or such derivative evidence while

giving testimony under oath or affirmation in any proceeding held

under the authority of the United States or of any State or

political subdivision thereof.

(4) No otherwise privileged wire, oral, or electronic communication

intercepted in accordance with, or in violation of, the

provisions of this chapter shall lose its privileged character.

(5) When an investigative or law enforcement officer, while engaged

in intercepting wire, oral, or electronic communications in the

manner authorized herein, intercepts wire, oral, or electronic

communications relating to offenses other than those specified in

the order of authorization or approval, the contents thereof, and

evidence derived therefrom, may be disclosed or used as provided

in subsections (1) and (2) of this section. Such contents and

any evidence derived therefrom may be used under subsection (3)

of this section when authorized or approved by a judge of

competent jurisdiction where such judge finds on subsequent

application that the contents were otherwise intercepted in

accordance with the provisions of this chapter. Such application

shall be made as soon as practicable.

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

communications

(1) Each application for an order authorizing or approving the

interception of a wire, oral, or electronic communication under

this chapter shall be made in writing upon oath or affirmation to

a judge of competent jurisdiction and shall state the applicant's

authority to make such application. Each application shall

include the following information:

(a) the identity of the investigative or law enforcement officer

making the application, and the officer authorizing the

application;

(b) a full and complete statement of the facts and circumstances

relied upon by the applicant, to justify his belief that an

order should be issued, including (i) details as to the

particular offense that has been, is being, or is about to

be committed, (ii) except as provided in subsection (11), a

particular description of the nature and location of the

facilities from which or the place where the communication

is to be intercepted, (iii) a particular description of the

type of communications sought to be intercepted, (iv) the

identity of the person, if known, committing the offense and

whose communications are to be intercepted;

(c) a full and complete statement as to whether or not other

investigative procedures have been tried and failed or why

they reasonably appear to be unlikely to succeed if tried or

to be too dangerous;

(d) a statement of the period of time for which the interception

is required to be maintained. If the nature of the

investigation is such that the authorization for

interception should not automatically terminate when the

described type of communication has been first obtained, a

particular description of facts establishing probable cause

to believe that additional communications of the same type

will occur thereafter;

(e) a full and complete statement of the facts concerning all

previous applications known to the individual authorizing

and making the application, made to any judge for

authorization to intercept, or for approval of interceptions

of, wire, oral, or electronic communications involving any

of the same persons, facilities or places specified in the

application, and the action taken by the judge on each such

application; and

(f) where the application is for the extension of an order, a

statement setting forth the results thus far obtained from

the interception, or a reasonable explanation of the failure

to obtain such results.

(2) The judge may require the applicant to furnish additional

testimony or documentary evidence in support of the application.

(3) Upon such application the judge may enter an ex parte order, as

requested or as modified, authorizing or approving interception

of wire, oral, or electronic communications within the

territorial jurisdiction of the court in which the judge is

sitting (and outside that jurisdiction but within the United

States in the case of a mobile interception device authorized by

a Federal court within such jurisdiction), if the judge

determines on the basis of the facts submitted by the applicant

that --

(a) there is probable cause for belief that an individual is

committing, has committed, or is about to commit a

particular offense enumerated in section 2516 of this

chapter;

(b) there is probable cause for brief that particular

communications concerning that offense will be obtained

through such interception;

(c) normal investigative procedures have been tried and have

failed or reasonably appear to be unlikely to succeed if

tried or to be too dangerous;

(d) except as provided in subsection (11), there is probable

cause for belief that the facilities from which, or the

place where the wire, oral, or electronic communications are

to be intercepted are being used, or are about to be used,

in connection with the commission of such offense, or are

leased to, listed in the name of, or commonly used by such

person.

(4) Each order authorizing or approving the interception of any wire,

oral, or electronic communication under this chapter shall

specify --

(a) the identity of the person, if known, whose communications

are to be intercepted;

(b) the nature and location of the communications facilities as

to which, or the place where, authority to intercept is

granted;

(c) a particular description of the type of communication sought

to be intercepted, and a statement of the particular offense

to which it relates;

(d) the identity of the agency authorized to intercept the

communications, and of the person authorizing the

application; and

(e) the period of time during which such interception is

authorized, including a statement as to whether or not the

interception shall automatically terminate when the

described communication has been first obtained.

An order authorizing the interception of a wire, oral, or

electronic communication under this chapter shall, upon request

of the applicant, direct that a provider of wire or electronic

communication service, landlord, custodian or other person shall

furnish the applicant forthwith all information, facilities, and

technical assistance necessary to accomplish the interception

unobtrusively and with a minimum of interference with the

services that such service provider, landlord, custodian, or

person is according the person whose communications are to be

intercepted. Any provider of wire or electronic communication

service, landlord, custodian or other person furnishing such

facilities or technical assistance shall be compensated therefor

by the applicant for reasonable expenses incurred in providing

such facilities or assistance.

(5) No order entered under this section may authorize or approve the

interception of any wire, oral, or electronic communication for

any period longer than is necessary to achieve the objective of

the authorization nor in any event longer than thirty days. Such

thirty-day period begins on the earlier of the day on which the

investigative or law enforcement officer first begins to conduct

an interception under the order or ten days after the order is

entered. Extensions of an order may be granted, but only upon

application for an extension made in accordance with subsection

(1) of this section and the court making the findings required by

subsection (3) of this section. The period of extension shall be

no longer than the authorizing judge deems necessary to achieve

the purposes for which it was granted and in no event for longer

than thirty days. Every order and extension thereof shall

contain a provision that the authorization to intercept shall be

executed as soon as practicable, shall be conducted in such a way

as to minimize the interception of communications not otherwise

subject to interception under this chapter, and must terminate

upon attainment of the authorized objective, or in any event in

thirty days. In the event the intercepted communication is in a

code or foreign language, and an expert in that foreign language

or code is not reasonably available during the interception

period, minimization may be accomplished as soon as practicable

after such interception. An interception under this chapter may

be conducted in whole or in part by Government personnel, or by

an individual operating under a contract with the Government,

acting under the supervision of an investigative or law

enforcement officer authorized to conduct the interception.

(6) Whenever an order authorizing interception is entered pursuant to

this chapter, the order may require reports to be made to the

judge who issued the order showing what progress has been made

toward achievement of the authorized objective and the need for

continued interception. Such reports shall be made at such

intervals as the judge may require.

(7) Notwithstanding any other provision of this chapter, any

investigative or law enforcement officer, specially designated by

the Attorney General, the Deputy Attorney General, the Associate

Attorney General or by the principal prosecuting attorney of any

State or subdivision thereof acting pursuant to a statute of that

State, who reasonably determines that --

(a) an emergency situation exists that involves --

(i) immediate danger of death or serious physical injury to

any person;

(ii) conspiratorial activities threatening the national

security interest; or

(iii) conspiratorial activities characteristic of organized

crime,

that requires a wire, oral, or electronic communication to

be intercepted before an order authorizing such interception

can, with due diligence, be obtained, and

(b) there are grounds upon which an order could be entered under

this chapter to authorize such interception,

may intercept such wire, oral, or electronic communication if an

application for an order approving the interception is made in

accordance with this section within forty-eight hours after the

interception has occurred, or begins to occur. In the absence of

an order, such interception shall immediately terminate when the

communication sought is obtained or when the application for the

order is denied, whichever is earlier. In the event such

application for approval is denied, or in any other case where

the interception is terminated without an order having been

issued, the contents of any wire, oral, or electronic

communication intercepted shall be treated as having been

obtained in violation of this chapter, and an inventory shall be

served as provided for in subsection (d) of this section on the

person named in the application.

(8) (a) The contents of any wire, oral, or electronic communication

intercepted by any means authorized by this chapter shall,

if possible, be recorded on tape or wire or other comparable

device. The recording of the contents of any wire, oral, or

electronic communication under this subsection shall be done

in such way as will protect the recording from editing or

other alterations. Immediately upon the expiration of the

period of the order, or extensions thereof, such recordings

shall be made available to the judge issuing such order and

sealed under his directions. Custody of the recordings

shall be wherever the judge orders. They shall not be

destroyed except upon an order of the issuing or denying

judge and in any event shall be kept for ten years.

Duplicate recordings may be made for use or disclosure

pursuant to the provisions of subsections (1) and (2) of

section 2517 of this chapter for investigations. The

presence of the seal provided for by this subsection, or a

satisfactory explanation for the absence thereof, shall be a

prerequisite for the use or disclosure of the contents of

any wire, oral, or electronic communication or evidence

derived therefrom under subsection (3) of section 2517.

(b) Applications made and orders granted under this chapter

shall be sealed by the judge. Custody of the applications

and orders shall be wherever the judge directs. Such

applications and orders shall be disclosed only upon a

showing of good cause before a judge of competent

jurisdiction and shall not be destroyed except on order of

the issuing or denying judge, and in any event shall be kept

for ten years.

(c) Any violation of the provisions of this subsection may be

punished as contempt of the issuing or denying judge.

(d) Within a reasonable time but not later than ninety days

after the filing of an application for an order of approval

under section 2518(7)(b) which is denied or the termination

of the period of an order or extensions thereof, the issuing

or denying judge shall cause to be served, on the persons

named in the order or the application, and such other

parties to intercepted communications as the judge may

determine in his discretion that is in the interest of

justice, and inventory which shall include notice of --

(1) the fact of the entry of the order or the application;

(2) the date of the entry and the period of authorized,

approved or disapproved interception, or the denial of

the application; and

(3) the fact that during the period wire, oral, or

electronic communications were or were not intercepted.

The judge, upon the filing of a motion, may in his

discretion make available to such person or his counsel for

inspection such portions of the intercepted communications,

applications and orders as the judge determines to be in the

interest of justice. On an ex parte showing of good cause

to a judge of competent jurisdiction the serving of the

inventory required by this subsection may be postponed.

(9) The contents of any wire, oral, or electronic communication

intercepted pursuant to this chapter or evidence derived

therefrom shall not be received in evidence or otherwise

disclosed in any trial, hearing, or other proceeding in a Federal

or State court unless each party, not less then ten days before

the trial, hearing, or proceeding, has been furnished with a copy

of the court order, and accompanying application, under which the

interception was authorized or approved. This ten-day period may

be waived by the judge if he finds that it was not possible to

furnish the party with the above information ten days before the

trial, hearing, or proceeding and that the party will not be

prejudiced by the delay in receiving such information.

(10) (a) Any aggrieved person in any trial, hearing, or proceeding in

or before any court, department, officer, agency, regulatory

body, or other authority of the United States, a State, or a

political subdivision thereof, may move to suppress the

contents of any wire, oral, or electronic communication

intercepted pursuant to this chapter, or evidence derived

therefrom, on the grounds that --

(i) the communication was unlawfully intercepted;

(ii) the order of authorization or approval under which it

was intercepted is insufficient on its face; or

(iii) the interception was not made in conformity with the

order of authorization or approval.

Such motion shall be made before the trial, hearing, or

proceeding unless there was no opportunity to make such

motion or the person was not aware of the grounds of the

motion. If the motion is granted, the contents of the

intercepted wire, oral, or electronic communication, or

evidence derived therefrom, shall be treated as having been

obtained in violation of this chapter. The judge, upon the

filing of such motion by the aggrieved person, may in his

discretion make available to the aggrieved person or his

counsel for inspection such portions of the intercepted

communication or evidence derived therefrom as the judge

determines to be in the interests of justice.

(b) In addition to any other right to appeal, the United States

shall have the right to appeal from an order granting a

motion to suppress made under paragraph (a) of this

subsection, or the denial of an application for an order of

approval, if the United States attorney shall certify to the

judge or other official granting such motion or denying such

application that the appeal is not taken for purposes of

delay. Such appeal shall be taken within thirty days after

the date the order was entered and shall be diligently

prosecuted.

(c) The remedies and sanctions described in this chapter with

respect to the interception of electronic communications are

the only judicial remedies and sanctions for

nonconstitutional violations of this chapter involving such

communications.

(11) The requirements of subsections (1)(b)(ii) and (3)(d) of this

section relating to the specification of the facilities from

which, or the place where, the communication is to be intercepted

do not apply if --

(a) in the case of an application with respect to the

interception of an oral communication --

(i) the application is by a federal investigative or law

enforcement officer and is approved by the Attorney

General, the Deputy Attorney General, the Associate

Attorney General, an Assistant Attorney General, or an

acting Assistant Attorney General;

(ii) the application contains a full and complete statement

as to why such specification is not practical and

identifies the person committing the offense and whose

communications are to be intercepted; and

(iii) the judge finds that such specification is not

practical; and

(b) in the case of an application with respect to a wire or

electronic communication --

(iv) the application is by a Federal investigative or law

enforcement officer and is approved by the Attorney

General, the Deputy Attorney General, the Associate

Attorney General, an Assistant Attorney General, or an

acting Assistant Attorney General;

(v) the application identifies the person believed to be

committing the offense and whose communications are to

be intercepted and the applicant makes a showing of a

purpose, on the part of that person, to thwart

interception by changing facilities; and

(vi) the judge finds that such purpose has been adequately

shown.

(12) An interception of a communication under an order with respect to

which the requirements of subsections (1)(b)(ii) and (3)(d) of

this section do not apply by reason of subsection (11) shall not

begin until the facilities from which, or the place where, the

communication is to be intercepted is ascertained by the person

implementing the interception order. A provider of wire or

electronic communications service that has received an order as

provided for in subsection (11)(b) may move the court to modify

or quash the order on the ground that its assistance with respect

to the interception cannot be performed in a timely or reasonable

fashion. The court, upon notice to the government, shall decide

such a motion expeditiously.

_ 2519. Reports concerning intercepted wire, oral, or electronic

communications

(1) Within thirty days after the expiration of an order (or each

extension thereof) entered under section 2518, or the denial of

an order approving an interception, the issuing or denying judge

shall report to the Administrative Office of the United States

Courts --

(a) the fact that an order or extension was applied for;

(b) the kind of order or extension applied for (including

whether or not the order was an order with respect to which

the requirements of sections 2518(1)(b)(ii) and 2518(3)(d)

of this title did not apply by reason of section 2518(11) of

this title);

(c) the fact that the order or extension was granted as applied

for, was modified, or was denied;

(d) the period of interceptions authorized by the order, and the

number and duration of any extensions of the order;

(e) the offense specified in the order or application, or

extension of an order;

(f) the identity of the applying investigative or law

enforcement officer and agency making the application and

the person authorizing the application; and

(g) the nature of the facilities from which or the place where

communications were to be intercepted.

(2) In January of each year the Attorney General, an Assistant

Attorney General specially designated by the Attorney General, or

the principal prosecuting attorney of a State, or the principal

prosecuting attorney for any political subdivision of a State,

shall report to the Administrative Office of the United States

Courts--

(a) the information required by paragraphs (a) through (g) of

subsection (1) of this section with respect to each

application for an order or extension made during the

preceding calendar year;

(b) a general description of the interceptions made under such

order or extension, including (i) the approximate nature and

frequency of incriminating communications intercepted, (ii)

the approximate nature and frequency of other communications

intercepted, (iii) the approximate number of persons whose

communications were intercepted, and (iv) the approximate

nature, amount, and cost of the manpower and other resources

used in the interceptions;

(c) the number of arrests resulting from interceptions made

under such order or extension, and the offenses for which

arrests were made;

(d) the number of trials resulting from such interceptions;

(e) the number of motions to suppress made with respect to such

interceptions, and the number granted or denied;

(f) the number of convictions resulting from such interceptions

and the offenses for which the convictions were obtained and

a general assessment of the importance of the interceptions;

and

(g) the information required by paragraphs (b) through (f) of

this subsection with respect to orders or extensions

obtained in a preceding calendar year.

(3) In April of each year the Director of the Administrative Office

of the United States Courts shall transmit to the Congress a full

and complete report concerning the number of applications for

orders authorizing or approving the interception of wire, oral,

or electronic communications pursuant to this chapter and the

number of orders and extensions granted or denied pursuant to

this chapter during the preceding calendar year. Such report

shall include a summary and analysis of the data required to be

filed with the Administrative Office by subsections (1) and (2)

of this section. The Director of the Administrative Office of

the United States Courts is authorized to issue binding

regulations dealing with the content and form of the reports

required to be filed by subsections (1) and (2) of this section.

_ 2520. Recovery of civil damages authorized

(a) IN GENERAL.--Except as provided in section 2511(2)(a)(ii), any

person whose wire, oral, or electronic communication is

intercepted, disclosed, or intentionally used in violation of

this chapter may in a civil action recover from the person or

entity which engaged in that violation such relief as may be

appropriate.

(b) RELIEF.--In an action under this section, appropriate relief

includes--

(1) such preliminary and other equitable or declaratory relief

as may be appropriate;

(2) damages under subsection (c) and punitive damages in

appropriate cases; and

(3) a reasonable attorney's fee and other litigation costs

reasonably incurred.

(c) COMPUTATION OF DAMAGES. --

(1) In an action under this section, if the conduct in violation

of this chapter is the private viewing of a private

satellite video communication that is not scrambled or

encrypted or if the communication is a radio communication

that is transmitted on frequencies allocated under subpart D

of part 74 of the rules of the Federal Communications

Commission that is not scrambled or encrypted and the

conduct is not for a tortious or illegal purpose or for

purposes of direct or indirect commercial advantage or

private commercial gain, then the court shall assess damages

as follows:

(A) If the person who engaged in that conduct has not

previously been enjoined under section 2511(5) and has

not been found liable in a prior civil action under

this section, the court shall assess the greater of the

sum of actual damages suffered by the plaintiff, or

statutory damages of not less than $50 and not more

than $500.

(B) If, on one prior occasion, the person who engaged in

that conduct has been enjoined under section 2511(5) or

has been found liable in a civil action under this

section, the court shall assess the greater of the sum

of actual damages suffered by the plaintiff, or

statutory damages of not less than $100 and not more

than $1,000.

(2) In any other action under this section, the court may

assess as damages whichever is the greater of--

(A) the sum of the actual damages suffered by the plaintiff

and any profits made by the violator as a result of the

violation; or

(B) statutory damages of whichever is the greater of $100 a

day for each day of violation or $10,000.

(d) DEFENSE.--A good faith reliance on--

(1) a court warrant or order, a grand jury subpoena, a

legislative authorization, or a statutory authorization;

(2) a request of an investigative or law enforcement officer

under section 2518(7) of this title; or

(3) a good faith determination that section 2511(3) of this

title permitted the conduct complained of;

is a complete defense against any civil or criminal action

brought under this chapter or any other law.

(e) LIMITATION.--A civil action under this section may not be

commenced later than two years after the date upon which the

claimant first has a reasonable opportunity to discover the

violation.

_ 2521.	Injunction against illegal interception

Whenever it shall appear that any person is engaged or is about to

engage in any act which constitutes or will constitute a felony violation

of this chapter, the Attorney General may initiate a civil action in a

district court of the United States to enjoin such violation. The court

shall proceed as soon as practicable to the hearing and determination of

such an action, and may, at any time before final determination, enter such

a restraining order or prohibition, or take such other action, as is

warranted to prevent a continuing and substantial injury to the United

States or to any person or class of persons for whose protection the action

is brought. A proceeding under this section is governed by the Federal

Rules of Civil Procedure, except that, if an indictment has been returned

against the respondent, discovery is governed by the federal Rules of

Criminal Procedure.

CHAPTER 121- STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL

RECORDS ACCESS

Sec.

2701. Unlawful access to stored communications.

2702. Disclosure of contents.

2703. Requirements for governmental access.

2704. Backup preservation.

2705. Delayed notice.

2706. Cost reimbursement.

2707. Civil action.

2708. Exclusivity of remedies.

2709. Counterintelligence access to telephone toll and

transactional records.

2710. Definitions

2701. Unlawful access to stored communications

(a) OFFENSE.-- Except as provided in subsection (c) of this section

whoever--

(1) intentionally accesses without authorization a facility

through which an electronic communication service is

provided; or

(2) intentionally exceeds an authorization to access that

facility;

and thereby obtains, alters, or prevents authorized access to a

wire or electronic communication while it is in electronic

storage in such system shall be punished as provided in

subsection (b) of this section.

(b) PUNISHMENT.-- The punishment for an offense under subsection (a)

of this section is-

(1) if the offense is committed for purposes of commercial

advantage, malicious destruction or damage, or private

commercial gain--

(A) a fine of not more than $250,000 or imprisonment for

not more than one year, or both, in the case of a first

offense under this subparagraph; and

(B) a fine under this title or imprisonment for not more

than two years, or both, for any subsequent offense

under this subparagraph; and

(2) a fine of not more than $5,000 or imprisonment for not more

than six months, or both, in any other case.

(c) EXCEPTIONS.-- Subsection (a) of this section does not apply with

respect to conduct authorized--

(1) by the person or entity providing a wire or electronic

communications service;

(2) by a user of that service with respect to a communication of

or intended for that user; or

(3) in section 2703, 2704 or 2518 of this title.

_ 2702. Disclosure of contents

(a) PROHIBITIONS.-- Except as provided in subsection (b)--

(1) a person or entity providing an electronic communication

service to the public shall not knowingly divulge to any

person or entity the contents of a communication while in

electronic storage by that service; and

(2) a person or entity providing remote computing service to the

public shall not knowingly divulge to any person or entity

the contents of any communication which is carried or

maintained on that service--

(A) on behalf of, and received by means of electronic

transmission from (or created by means of computer

processing of communications received by means of

electronic transmission from), a subscriber or customer

of such service; and

(B) solely for the purpose of providing storage or computer

processing services to such subscriber or customer, if

the provider is not authorized to access the contents

of any such communications for purposes of providing

any services other than storage or computer processing.

(b) EXCEPTIONS.-- A person or entity may divulge the contents of a

communication--

(1) to an addressee or intended recipient of such communication

or an agent of such addressee or intended recipient;

(2) as otherwise authorized in section 2516, 2511(2)(a), or 2703

of this title;