Hackers Underworld 2: Forbidden Knowledge/Hackers Underworld 2: Forbidden Knowledge.iso/LEGAL/ECPA2.LAW

Text File | 1994-07-17 | 34KB | 741 lines

(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 t chapter;

(b) there is probable cause for brief that particular
communicati