Online Attorney

eal, 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 - (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 identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility; (iii) the judge finds that such showing has been adequately made; and (iv) the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted. (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)(a) shall not begin until 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. -SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 218; amended Pub. L. 91-358, title II, Sec. 211(b), July 29, 1970, 84 Stat. 654; Pub. L. 95-511, title II, Sec. 201(d)-(g), Oct. 25, 1978, 92 Stat. 1797, 1798; Pub. L. 98-473, title II, Sec. 1203(a), (b), Oct. 12, 1984, 98 Stat. 2152; Pub. L. 99-508, title I, Secs. 101(c)(1)(A), (8), (e), 106(a)-(d)(3), Oct. 21, 1986, 100 Stat. 1851-1853, 1856, 1857; Pub. L. 103-414, title II, Sec. 201(b)(1), Oct. 25, 1994, 108 Stat. 4290; Pub. L. 105-272, title VI, Sec. 604, Oct. 20, 1998, 112 Stat. 2413.) -REFTEXT- REFERENCES IN TEXT The Communications Assistance for Law Enforcement Act, referred to in par. (4), is title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (Sec. 1001 et seq.) of chapter 9 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 47 and Tables. -MISC1- AMENDMENTS 1998 - Par. (11)(b)(ii). Pub. L. 105-272, Sec. 604(a)(1), substituted "that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;" for "of a purpose, on the part of that person, to thwart interception by changing facilities; and". Par. (11)(b)(iii). Pub. L. 105-272, Sec. 604(a)(2), substituted "such showing has been adequately made; and" for "such purpose has been adequately shown." Par. (11)(b)(iv). Pub. L. 105-272, Sec. 604(a)(3), added cl. (iv). Par. (12). Pub. L. 105-272, Sec. 604(b), substituted "by reason of subsection (11)(a)" for "by reason of subsection (11)", struck out "the facilities from which, or" after "shall not begin until", and struck out comma after "the place where". 1994 - Par. (4). Pub. L. 103-414 inserted at end of concluding provisions "Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act." 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), substituted "wire, oral, or electronic" for "wire or oral" in introductory provisions. Par. (1)(b)(ii). Pub. L. 99-508, Sec. 106(d)(1), inserted "except as provided in subsection (11),". Par. (1)(e). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire, oral, or electronic" for "wire or oral". Par. (3). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(a), in introductory provisions, substituted "wire, oral, or electronic" for "wire or oral" and inserted "(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)". Par. (3)(d). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(d)(2), inserted "except as provided in subsection (11)," and substituted "wire, oral, or electronic" for "wire or oral". Par. (4). Pub. L. 99-508, Secs. 101(c)(1)(A), (8), 106(b), substituted "wire, oral, or electronic" for "wire or oral" wherever appearing and, in closing provisions, substituted "provider of wire or electronic communication service" for "communication common carrier" wherever appearing, "such service provider" for "such carrier", and "for reasonable expenses incurred in providing such facilities or assistance" for "at the prevailing rates". Par. (5). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(c), substituted "wire, oral, or electronic" for "wire or oral" and inserted provisions which related to beginning of thirty-day period, minimization where intercepted communication is in code or foreign language and expert in that code or foreign language is not immediately available, and conduct of interception by Government personnel or by individual operating under Government contract, acting under supervision of investigative or law enforcement officer authorized to conduct interception. Pars. (7), (8)(a), (d)(3), (9). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire, oral, or electronic" for "wire or oral" wherever appearing. Par. (10)(c). Pub. L. 99-508, Sec. 101(e), added subpar. (c). Pars. (11), (12). Pub. L. 99-508, Sec. 106(d)(3), added pars. (11) and (12). 1984 - Par. (7). Pub. L. 98-473, Sec. 1203(a), inserted ", the Deputy Attorney General, the Associate Attorney General," after "Attorney General" in provisions preceding subpar. (a). Par. (7)(a). Pub. L. 98-473, Sec. 1203(b), amended subpar. (a) generally, adding cl. (i) and designated existing provisions as cls. (ii) and (iii). 1978 - Par. (1). Pub. L. 95-511, Sec. 201(d), inserted "under this chapter" after "communication". Par. (4). Pub. L. 95-511, Sec. 201(e), inserted "under this chapter" after "wire or oral communication" wherever appearing. Par. (9). Pub. L. 95-511, Sec. 201(e), substituted "any wire or oral communication intercepted pursuant to this chapter" for "any intercepted wire or oral communication". Par. (10). Pub. L. 95-511, Sec. 201(g), substituted "any wire or oral communication intercepted pursuant to this chapter," for "any intercepted wire or oral communication,". 1970 - Par. (4). Pub. L. 91-358 inserted the provision that, upon the request of the applicant, an order authorizing the interception of a wire or oral communication direct that a communication common carrier, landlord, custodian, or other person furnish the applicant with all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services provided. 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 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 2511, 2516, 2519, 2520, 2701, 2707 of this title; title 47 section 1002. -End- -CITE- 18 USC Sec. 2519 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. 2519. Reports concerning intercepted wire, oral, or electronic communications -STATUTE- (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, (iv) the number of orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining the plain text of communications intercepted pursuant to such order, and (v) 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. -SOURCE- (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 222; amended Pub. L. 95-511, title II, Sec. 201(h), Oct. 25, 1978, 92 Stat. 1798; Pub. L. 99-508, title I, Secs. 101(c)(1)(A), 106(d)(4), Oct. 21, 1986, 100 Stat. 1851, 1857; Pub. L. 106-197, Sec. 2(a), May 2, 2000, 114 Stat. 247.) -MISC1- AMENDMENTS 2000 - Par. (2)(b)(iv), (v). Pub. L. 106-197 added cl. (iv) and redesignated former cl. (iv) as (v). 1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire, oral, or electronic" for "wire or oral" in section catchline. Par. (1)(b). Pub. L. 99-508, Sec. 106(d)(4), inserted "(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)". Par. (3). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire, oral, or electronic" for "wire or oral". 1978 - Par. (3). Pub. L. 95-511 inserted "pursuant to this chapter" after "wire or oral communications" and "granted or denied". 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 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. REPORT ON USE OF DCS 1000 (CARNIVORE) TO IMPLEMENT ORDERS UNDER SECTION 2518 Pub. L. 107-273, div. A, title III, Sec. 305(b), Nov. 2, 2002, 116 Stat. 1782, provided that: "At the same time that the Attorney General, or Assistant Attorney General specially designated by the Attorney General, submits to the Administrative Office of the United States Courts the annual report required by section 2519(2) of title 18, United States Code, that is respectively next due after the end of each of the fiscal years 2002 and 2003, the Attorney General shall also submit to the Chairmen and ranking minority members of the Committees on the Judiciary of the Senate and of the House of Representatives a report, covering the same respective time period, that contains the following information with respect to those orders described in that annual report that were applied for by law enforcement agencies of the Department of Justice and whose implementation involved the use of the DCS 1000 program (or any subsequent version of such program) - "(1) 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 title 18, United States Code, did not apply by reason of section 2518 (11) of title 18); "(2) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; "(3) the offense specified in the order or application, or extension of an order; "(4) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; "(5) the nature of the facilities from which or place where communications were to be intercepted; "(6) a general description of the interceptions made under such order or extension, including - "(A) the approximate nature and frequency of incriminating communications intercepted; "(B) the approximate nature and frequency of other communications intercepted; "(C) the approximate number of persons whose communications were intercepted; "(D) the number of orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining the plain text of communicat

Online Attorney