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/* 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;
(