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Online Attorney
tions Act of 1934" and
"wire, oral, and electronic communications" for "wire and oral
communications". See Termination Date of 2001 Amendment note below.
Par. (2)(i). Pub. L. 107-56, Secs. 217(2), 224, temporarily added
subpar. (i). See Termination Date of 2001 Amendment note below.
1996 - Par. (1)(e)(i). Pub. L. 104-294 substituted "sections
2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518 of this
chapter" for "sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516,
and 2518 of this subchapter".
1994 - Par. (1)(e). Pub. L. 103-322, Sec. 320901, added par.
(1)(e).
Par. (2)(a)(i). Pub. L. 103-414, Sec. 205, inserted "or
electronic" after "transmission of a wire".
Par. (4)(b). Pub. L. 103-414, Sec. 204, in introductory
provisions substituted ", 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" for "or encrypted, then".
Par. (4)(b)(i). Pub. L. 103-414, Sec. 202(b)(1), inserted "a
cordless telephone communication that is transmitted between the
cordless telephone handset and the base unit," after "cellular
telephone communication,".
Par. (4)(b)(ii). Pub. L. 103-414, Sec. 202(b)(2), inserted "a
cordless telephone communication that is transmitted between the
cordless telephone handset and the base unit," after "cellular
telephone communication,".
Pub. L. 103-322, Sec. 330016(1)(G), substituted "fined under this
title" for "fined not more than $500".
1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire,
oral, or electronic" for "wire or oral" in section catchline.
Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (d)(1), (f)[(1)],
substituted "intentionally" for "willfully" in subpars. (a) to (d)
and "wire, oral, or electronic' for "wire or oral" wherever
appearing in subpars. (a), (c), and (d), and in concluding
provisions substituted "shall be punished as provided in subsection
(4) or shall be subject to suit as provided in subsection (5)" for
"shall be fined not more than $10,000 or imprisoned not more than
five years, or both".
Par. (2)(a)(i). Pub. L. 99-508, Sec. 101(c)(5), substituted "a
provider of wire or electronic communication service" for "any
communication common carrier" and "of the provider of that service,
except that a provider of wire communication service to the public"
for "of the carrier of such communication: Provided, That said
communication common carriers".
Par. (2)(a)(ii). Pub. L. 99-508, Sec. 101(b)(1), (c)(1)(A), (6),
substituted "providers of wire or electronic communication service"
for "communication common carriers", "wire, oral, or electronic"
for "wire or oral", "if such provider" for "if the common carrier",
"provider of wire or electronic communication service" for
"communication common carrier" wherever appearing, "such
disclosure" for "violation of this subparagraph by a communication
common carrier or an officer, employee, or agent thereof", "render
such person liable" for "render the carrier liable", and "a court
order or certification under this chapter" for "an order or
certification under this subparagraph" in two places.
Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(B), inserted "or
electronic" after "wire".
Par. (2)(c). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted
"wire, oral, or electronic" for "wire or oral".
Par. (2)(d). Pub. L. 99-508, Sec. 101(b)(2), (c)(1)(A),
substituted "wire, oral, or electronic" for "wire or oral" and
struck out "or for the purpose of committing any other injurious
act" after "of any State".
Par. (2)(f). Pub. L. 99-508, Sec. 101(b)(3), inserted "or chapter
121" in two places and substituted "foreign communications, or
foreign intelligence activities conducted in accordance with
otherwise applicable Federal law involving a foreign electronic
communications system, utilizing a means" for "foreign
communications by a means".
Par. (2)(g), (h). Pub. L. 99-508, Sec. 101(b)(4), added subpars.
(g) and (h).
Par. (3). Pub. L. 99-508, Sec. 102, added par. (3).
Pars. (4), (5). Pub. L. 99-508, Sec. 101(d)(2), added pars. (4)
and (5).
1984 - Par. (2)(e). Pub. L. 98-549, Sec. 6(b)(2)(A), substituted
"section 705 or 706" for "section 605 or 606".
Par. (2)(f). Pub. L. 98-549, Sec. 6(b)(2)(B), substituted
"section 705" for "section 605".
1978 - Par. (2)(a)(ii). Pub. L. 95-511, Sec. 201(a), substituted
provisions authorizing communication common carriers etc., to
provide information to designated persons, prohibiting disclosure
of intercepted information, and rendering violators civilly liable
for provision exempting communication common carriers from
criminality for giving information to designated officers.
Par. (2)(e), (f). Pub. L. 95-511, Sec. 201(b), added par. (2)(e)
and (f).
Par. (3). Pub. L. 95-511, Sec. 201(c), struck out par. (3) which
provided that nothing in this chapter or section 605 of title 47
limited the President's constitutional power to gather necessary
intelligence to protect the national security and stated the
conditions necessary for the reception into evidence and disclosure
of communications intercepted by the President.
1970 - Par. (2)(a). Pub. L. 91-358 designated existing provisions
as cl. (i) and added cl. (ii).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
TERMINATION DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-56 to cease to have effect Dec. 31,
2005, except amendment to continue in effect with respect to any
particular foreign intelligence investigation that began before
Dec. 31, 2005, or with respect to any particular offense or
potential offense that began or occurred before Dec. 31, 2005, see
section 224 of Pub. L. 107-56, set out as a note under section 2510
of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,
1986, and, in case of conduct pursuant to court order or extension,
applicable only with respect to court orders and extensions made
after such date, with special rule for State authorizations of
interceptions, see section 111 of Pub. L. 99-508, set out as a note
under section 2510 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,
1984, see section 9(a) of Pub. L. 98-549, set out as an Effective
Date note under section 521 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 401 of Pub. L. 95-511, set out
as an Effective Date note under section 1801 of Title 50, War and
National Defense.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 901(a)
of Pub. L. 91-358.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2513, 2516, 2520, 2702,
2707 of this title; title 50 section 1801.
-End-
-CITE-
18 USC Sec. 2512 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD-
Sec. 2512. Manufacture, distribution, possession, and advertising
of wire, oral, or electronic communication intercepting devices
prohibited
-STATUTE-
(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 or disseminates by electronic means 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 the content of the advertisement and 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 under this title 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 communication 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.
(3) It shall not be unlawful under this section to advertise for
sale a device described in subsection (1) of this section if the
advertisement is mailed, sent, or carried in interstate or foreign
commerce solely to a domestic provider of wire or electronic
communication service or to an agency of the United States, a
State, or a political subdivision thereof which is duly authorized
to use such device.
-SOURCE-
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
214; amended Pub. L. 99-508, title I, Sec. 101(c)(1)(A), (7),
(f)(2), Oct. 21, 1986, 100 Stat. 1851, 1853; Pub. L. 103-322, title
XXXIII, Secs. 330016(1)(L), 330022, Sept. 13, 1994, 108 Stat. 2147,
2150; Pub. L. 104-294, title VI, Sec. 604(b)(45), Oct. 11, 1996,
110 Stat. 3509; Pub. L. 105-112, Sec. 2, Nov. 21, 1997, 111 Stat.
2273; Pub. L. 107-296, title II, Sec. 225(f), Nov. 25, 2002, 116
Stat. 2158.)
-MISC1-
AMENDMENTS
2002 - Par. (1)(c). Pub. L. 107-296, in introductory provisions,
inserted "or disseminates by electronic means" after "or other
publication" and, in concluding provisions, inserted "knowing the
content of the advertisement and" before "knowing or having reason
to know".
1997 - Par. (3). Pub. L. 105-112 added par. (3).
1996 - Par. (2). Pub. L. 104-294 amended directory language of
Pub. L. 103-322, Sec. 330022. See 1994 Amendment note below.
1994 - Par. (1). Pub. L. 103-322, Sec. 330016(1)(L), substituted
"fined under this title" for "fined not more than $10,000" in
concluding provisions.
Par. (2). Pub. L. 103-322, Sec. 330022, as amended by Pub. L.
104-294, realigned margins of concluding provisions.
1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire,
oral, or electronic" for "wire or oral" in section catchline.
Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (f)(2), substituted
"intentionally" for "willfully" in introductory provision and
"wire, oral, or electronic" for "wire or oral" in subpars. (a),
(b), and (c)(i), (ii).
Par. (2)(a). Pub. L. 99-508, Sec. 101(c)(7), substituted "a
provider of wire or electronic communication service or" for "a
communications common carrier or", "such a provider, in" for "a
communications common carrier, in", and "business of providing that
wire or electronic communication service" for "communications
common carrier's business".
Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted
"wire, oral, or electronic" for "wire or oral".
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,
1986, and, in case of conduct pursuant to court order or extension,
applicable only with respect to court orders and extensions made
after such date, with special rule for State authorizations of
interceptions, see section 111 of Pub. L. 99-508, set out as a note
under section 2510 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2513, 2516 of this title.
-End-
-CITE-
18 USC Sec. 2513 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD-
Sec. 2513. Confiscation of wire, oral, or electronic communication
intercepting devices
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
215; amended Pub. L. 99-508, title I, Sec. 101(c)(1)(A), Oct. 21,
1986, 100 Stat. 1851.)
-MISC1-
AMENDMENTS
1986 - Pub. L. 99-508 substituted "wire, oral, or electronic" for
"wire or oral" in section catchline.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,
1986, and, in case of conduct pursuant to court order or extension,
applicable only with respect to court orders and extensions made
after such date, with special rule for State authorizations of
interceptions, see section 111 of Pub. L. 99-508, set out as a note
under section 2510 of this title.
-End-
-CITE-
18 USC Sec. 2514 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD-
[Sec. 2514. Repealed. Pub. L. 91-452, title II, Sec. 227(a), Oct.
15, 1970, 84 Stat. 930]
-MISC1-
Section, Pub. L. 90-351, title II, Sec. 802, June 19, 1968, 82
Stat. 216, provided for immunity of witnesses giving testimony or
producing evidence under compulsion in Federal grand jury or court
proceedings. Subject matter is covered in sections 6002 and 6003 of
this title.
EFFECTIVE DATE OF REPEAL
Sections 227(a) and 260 of Pub. L. 91-452 provided for repeal of
this section effective four years following sixtieth day after date
of enactment of Pub. L. 91-452, which was approved Oct. 15, 1970,
such repeal not affecting any immunity to which any individual was
entitled under this section by reason of any testimony or other
information given before such date. See section 260 of Pub. L.
91-452, set out as an Effective Date; Savings Provision note under
section 6001 of this title.
-End-
-CITE-
18 USC Sec. 2515 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
-HEAD-
Sec. 2515. Prohibition of use as evidence of intercepted wire or
oral communications
-STATUTE-
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 commi
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