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TUCoPS :: Privacy :: privacy.txt

Notes from the "Computers, Freedom, and Privacy" conference in Burlingame





Notes from Eric Poole, Sysop of Leo Technology BBS:
---------------------------------------------------

     Over the last couple of weeks, I've been calling around to CompuServe, 
the Circuit Cellar INK BBS, and everywhere else I can think of, trying to 
find the full text of the Electronic Communications Privacy Act of 1986.
The best I've been able to come up with so far are some excerpts from the 
preliminary House of Representatives version.

     Last night, October 7, 1988, someone (whose name I would like to
include here but I haven't yet gotten his permission to do so) called the
Leo Technology BBS for the first time out of the clear blue sky, long
distance from Washington to New Hampshire on his own nickel, went through
all the new-user questionnaires and stuff, and uploaded the full text of the
act, all hundred-some-odd-thousand bytes of it.  So, here it is.  Thanks to
the provider, (I'm sure it'd be OK to put his name here, but like I said, I
didn't yet get his permission to do so); it's guys like you that make all
this BBS sysoping stuff worth while!

     I believe the contents of this file to be accurate, however, please,
before taking any action or making any decisions based upon what you read
in this file, CONFIRM THE LANGUAGE IN THIS FILE AGAINST AN OFFICIAL LEGAL
SOURCE, and if you aren't a lawyer, go get one.

     Eric Poole, CIS 73127,2034
                 Sysop, Leo Technology BBS, Londonderry, NH
                 (603) 432-2517   300-1200-2400    8-N-1
                 7 days 24 hrs    Full & free access first call

  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *

                                                        0188ibm021
                                     February 2, 1987 (originally)
                                           March 9, 1988 (reprint)


            TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

                         PART I.  CRIMES

Chapter                                                       Sec.

General provisions . . . . . . . . . . . . . . . . . . . . . . . 1

119.	Wire and electronic communications interception and interception of 
     oral communications 2510

121.	Stored Wire and Electronic Communications and Transactional Records 
     Access 2701


                  PART II.  CRIMINAL PROCEDURE

201.	General provisions . . . . . . . . . . . . . . . . .  3001

206.	Pen Registers and Trap and Trace Devices . . . . . .  3121


                 CHAPTER 65 - MALICIOUS MISCHIEF

Sec.

1367.	Interference with the operation of a satellite.



_ 1367.  Interference with the operation of a satellite

     (a)  Whoever,   without  the  authority  of  the  satellite  operator, 
          intentionally  or  maliciously  interferes  with  the  authorized 
          operation  of a communications or weather satellite or  obstructs 
          or   hinders  any  satellite  transmission  shall  be  fined   in 
          accordance  with this title or imprisoned not more than ten years 
          of both.

     (b)  This   section   does  not  prohibit  any   lawfully   authorized 
          investigative,  protective,  or  intelligence activity of  a  law 
          enforcement  agency  or of an intelligence agency of  the  United 
          States.



               CHAPTER 109 - SEARCHES AND SEIZURES


_ 2232.  Destruction or removal of property to prevent seizure

     (a)  Physical Interference With Search. -- Whoever, before, during, or 
          after  seizure  of any property by any person authorized to  make 
          searches  and  seizures,  in  order to  prevent  the  seizure  or 
          securing  of  any goods,  wares,  or merchandise by such  person, 
          staves,  breaks, throws overboard, destroys, or removes the same, 
          shall be fined not more than $10,000 or imprisoned more than five 
          years, or both.

     (b)  Notice of Search.  -- Whoever,  having knowledge that any  person 
          authorized  to make searches and seizures has been authorized  or 
          is  otherwise  likely to make a search or seizure,  in  order  to 
          prevent the authorized seizing or securing of any person,  goods, 
          wares, merchandise or other property, gives notice or attempts to 
          give notice of the possible search or seizure to any person shall 
          be  fined not more than $100,000 or imprisoned not more than five 
          years, or both.

     (c)  Notice  of Certain Electronic  Surveillance.  -- Whoever,  having 
          knowledge that a Federal investigative or law enforcement officer 
          has  been  authorized  or has  applied  for  authorization  under 
          chapter   119   to  intercept  a  wire,   oral,   or   electronic 
          communication,  in  order to obstruct,  impede,  or prevent  such 
          interception,  gives  notice  or attempts to give notice  of  the 
          possible  interception  to any person shall be fined  under  this 
          title or imprisoned not more than five years, or both.

          Whoever,  having  knowledge  that  a  Federal  officer  has  been 
          authorized or has applied for authorization to conduct electronic 
          surveillance under the Foreign Intelligence Surveillance Act  (50 
          U.S.C.  1801,  et seq.), in order to obstruct, impede, or prevent 
          such  activity,  gives  notice or attempts to give notice of  the 
          possible  activity to any person shall be fined under this  title 
          or imprisoned not more than five years, or both.


                     *          *          *


        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);

     (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;

          (C)  carried  on  a  subcarrier or other signal subsidiary  to  a 
               radio transmission;

          (D)  transmitted over a communication system provided by a common 
               carrier,  unless  the  communication is a tone  only  paging 
               system communication; or

          (E)  transmitted on frequencies allocated under part 25,  subpart 
               D,  E,  or  F  of part 74,  or part 94 of the Rules  of  the 
               Federal Communications Commission,  unless, in the case of a 
               communication  transmitted  on a frequency  allocated  under 
               part  74  that  is not exclusively  allocated  to  broadcast 
               auxiliary  services,  the communication is a  two-way  voice 
               communication by radio;

     (17) "electronic storage" means --

          (A)  any temporary,  intermediate storage of a wire or electronic 
               communication  incidental  to  the  electronic  transmission 
               thereof; and

          (B)  any   storage   of  such  communication  by  an   electronic 
               communication  service for purposes of backup protection  of 
               such communication; and

     (18) "aural  transfer" means a transfer containing the human voice  at 
          any point between and including the point of origin and the point 
          of reception.



_ 2511.    Interception  and  disclosure  of  wire,   oral,  or  electronic 
     communications prohibited

     (1)  Except  as  otherwise specifically provided in this  chapter  any 
          person who--

          (a)  intentionally  intercepts,   endeavors  to   intercept,   or 
               procures  any  other  person  to intercept  or  endeavor  to 
               intercept, any wire, oral, or electronic communication;

          (b)  intentionally uses,  endeavors to use, or procures any other 
               person to use or endeavor to use any electronic, mechanical, 
               or other device to intercept any oral communication when --

               (i)  such  device is affixed to,  or otherwise  transmits  a 
                    signal through, a wire, cable, or other like connection 
                    used in wire communication; or

               (ii) such  device  transmits  communications  by  radio,  or 
                    interferes with the transmission of such communication; 
                    or

               (iii) such  person knows,  or has reason to know,  that such 
                    device  or any component thereof has been sent  through 
                    the  mail  or  transported  in  interstate  or  foreign 
                    commerce; or

               (iv) such  use  or endeavor to use (A) takes  place  on  the 
                    premises   of   any   business  or   other   commercial 
                    establishment the operations of which affect interstate 
                    or  foreign  commerce;  or (B) obtains or  is  for  the 
                    purpose   of  obtaining  information  relating  to  the 
                    operations   of  any  business  or   other   commercial 
                    establishment the operations of which affect interstate 
                    or foreign commerce; or

               (v)  such  person  acts  in the District  of  Columbia,  the 
                    Commonwealth  of  Puerto  Rico,  or  any  territory  or 
                    possession of the United States;

          (c)  intentionally discloses,  or endeavors to disclose,  to  any 
               other person the contents of any wire,  oral,  or electronic 
               communication,  knowing  or  have  reason to know  that  the 
               information was obtained through the interception of a wire, 
               oral,  or  electronic  communication in  violation  of  this 
               subsection; or

          (d)  intentionally uses, or endeavors to use, the contents of any 
               wire,  oral,  or electronic communication, knowing or having 
               reason to know that the information was obtained through the 
               interception of a wire, oral, or electronic communication in 
               violation of this subsection;

          shall  be  punished  as provided in subsection (4)  or  shall  be 
          subject to suit as provided in subsection (5).

     (2)  (a)  (i)  It  shall  not  be unlawful under this chapter  for  an 
                    operator of a switchboard,  or an officer, employee, or 
                    agent of a provider of wire or electronic communication 
                    service,  whose facilities are used in the transmission 
                    of a wire communication, to intercept, disclose, or use 
                    that   communication  in  the  normal  course  of   his 
                    employment  while  engaged in any activity which  is  a 
                    necessary  incident to the rendition of his service  or 
                    to  the  protection of the rights or  property  of  the 
                    provider  of  that service,  except that a provider  of 
                    wire  communication  service to the  public  shall  not 
                    utilize  service observing or random monitoring  except 
                    for mechanical or service quality control checks.

               (ii) Notwithstanding  any  other law,  providers of wire  or 
                    electronic  communication  service,   their   officers, 
                    employees,  and agents, landlords, custodians, or other 
                    persons,   are   authorized   to  provide   information 
                    facilities,   or   technical  assistance   to   persons 
                    authorized   by  law  to  intercept  wire,   oral,   or 
                    electronic  communications  or  to  conduct  electronic 
                    surveillance,  as defined in section 101 of the Foreign 
                    Intelligence   Surveillance  Act  of  1978,   if   such 
                    provider, its officers, employees, or agents, landlord, 
                    custodian, or other specified person, has been provided 
                    with --

                    (A)  a court order directing such assistance signed  by 
                         the authorizing judge, or

     	            (B)  a  certification in writing by a person  specified 
                         in  section 2518(7) of this title or the  Attorney 
                         General  of  the United States that no warrant  or 
                         court order is required by law, that all statutory 
                         requirements have been met, and that the specified 
                         assistance is required.

                    setting  forth  the  period of time  during  which  the 
                    provision of the information,  facilities, or technical 
                    assistance    is   authorized   and   specifying    the 
                    information,   facilities,   or  technical   assistance 
                    required.    No   provider   of  wire   or   electronic 
                    communication  service,  officer,  employee,  or  agent 
                    thereof,  or  landlord,  custodian,  or other specified 
                    person shall disclose the existence of any interception 
                    or  surveillance or the device used to  accomplish  the 
                    interception  or surveillance with respect to which the 
                    person   has   been   furnished  a   court   order   or 
                    certification  under  this  chapter,   except  as   may 
                    otherwise  be  required by legal process and then  only 
                    after prior notification to the Attorney General or  to 
                    the  principal  prosecuting attorney of a State or  any 
                    political   subdivision   of  a  State,   as   may   be 
                    appropriate.   Any such disclosure,  shall render  such 
                    person  liable  for the civil damages provided  for  in 
                    section  2520.   No  cause of action shall lie  in  any 
                    court  against  any  provider  of  wire  or  electronic 
                    communication  service,  its  officers,  employees,  or 
                    agents,  landlord, custodian, or other specified person 
                    for providing information, facilities, or assistance in 
                    accordance  with the terms of an order or certification 
                    under this subparagraph.

          (b)  It shall not be unlawful under this chapter for an  officer, 
               employee, or agent of the Federal Communications Commission, 
               in  the normal course of his employment and in discharge  of 
               the  monitoring responsibilities exercised by the Commission 
               in  the enforcement of chapter 5 of title 47 of  the  United 
               States   Code,   to   intercept   a   wire   or   electronic 
               communication,  or  oral communication transmitted by radio, 
               or to disclose or use the information thereby obtained.

          (c)  It  shall  not be unlawful under this chapter for  a  person 
               acting  under color of law to intercept  a  wire,  oral,  or 
               electronic  communication,  where such person is a party  to 
               the communication or one of the parties to the communication 
               has given prior consent to such interception.

          (d)  It shall not be unlawful under this chapter for a person not 
               acting  under  color of law to intercept a  wire,  oral,  or 
               electronic communication where such person is a party to the 
               communication   or   where  one  of  the  parties   to   the 
               communication  has given prior consent to such  interception 
               unless such communication is intercepted for the purpose  of 
               committing  any criminal or tortious act in violation of the 
               Constitution or laws of the United States or of any State.

          (e)  Notwithstanding any other provision of this title or section 
               705 or 706 of the Communications Act of 1934,  it shall  not 
               be unlawful for an officer, employee, or agent of the United 
               States  in the normal course of his official duty to conduct 
               electronic  surveillance,  as defined in section 101 of  the 
               Foreign Intelligence Surveillance Act of 1978, as authorized 
               by that Act.

          (f)  Nothing contained in this chapter or chapter 121, or section 
               705  of the Communications Act of 1934,  shall be deemed  to 
               affect  the acquisition by the United States  Government  of 
               foreign   intelligence  information  from  international  or 
               foreign communications,  or foreign intelligence  activities 
               conducted  in  accordance with otherwise applicable  Federal 
               law  involving a foreign electronic  communications  system, 
               utilizing  a  means  other than electronic  surveillance  as 
               defined   in  section  101  of  the   Foreign   Intelligence 
               Surveillance Act of 1978, and procedures in this chapter and 
               the  Foreign Intelligence Surveillance Act of 1978 shall  be 
               the  exclusive  means by which electronic  surveillance,  as 
               defined in section 101 of such Act,  and the interception of 
               domestic wire and oral communications may be conducted.

          (g)  It  shall not be unlawful under this chapter or chapter  121 
               of this title for any person --

               (i)  to intercept or access an electronic communication made 
                    through  an  electronic communication  system  that  is 
                    configured  so  that such electronic  communication  is 
                    readily accessible to the general public;

               (ii) to   intercept   any  radio  communication   which   is 
                    transmitted --

                    (I)  by  any station for the use of the general public, 
                         or that relates to ships,  aircraft,  vehicles, or 
                         persons in distress;

                    (II) by  any  governmental,   law  enforcement,   civil 
                         defense,  private  land mobile,  or public  safety 
                         communications system,  including police and fire, 
                         readily accessible to the general public;

                    (III) by a station operating on an authorized frequency 
                         within   the  bands  allocated  to  the   amateur, 
                         citizens band,  or general mobile radio  services; 
                         or

                    (IV) by   any  marine  or  aeronautical  communications 
                         system;

               (iii) to engage in any conduct which --

                    (I)  is prohibited by section 633 of the Communications 
                         Act of 1934; or

                    (II) is excepted from the application of section 705(a) 
                         of  the  Communications  Act of  1934  by  section 
                         705(b) of that Act;

               (iv) to  intercept any wire or electronic communication  the 
                    transmission  of which is causing harmful  interference 
                    to   any   lawfully  operating  station   or   consumer 
                    electronic  equipment,   to  the  extent  necessary  to 
                    identify the source of such interference; or

               (v)  for other users of the same frequency to intercept  any 
                    radio communication made through a system that utilizes 
                    frequencies  monitored  by individuals engaged  in  the 
                    provision   or  the  use  of  such  system,   if   such 
                    communication is not scrambled or encrypted.

          (h)  It shall not be unlawful under this chapter --

               (i)  to  use  a pen register or a trap and trace device  (as 
                    those terms are defined for the purposes of chapter 206 
                    (relating to pen registers and trap and trace  devices) 
                    of this title); or

               (ii) for  a provider of electronic communication service  to 
                    record the fact that a wire or electronic communication 
                    was  initiated  or completed in order to  protect  such 
                    provider,  another  provider furnishing service  toward 
                    the completion of the wire or electronic communication, 
                    or a user of that service, from fraudulent, unlawful or 
                    abusive use of such service.

     (3)  (a)  Except  as provided in paragraph (b) of this  subsection,  a 
               person  or  entity  providing  an  electronic  communication 
               service  to  the public shall not intentionally divulge  the 
               contents of any communication (other than one to such person 
               or  entity,  or an agent thereof) while in  transmission  on 
               that service to any person or entity other than an addressee 
               or  intended recipient of such communication or an agent  of 
               such addressee or intended recipient.

          (b)  A   person  or  entity  providing  electronic  communication 
               service  to the public may divulge the contents of any  such 
               communication --

               (i)  as  otherwise authorized in section 2511(2)(a) or  2517 
                    of this title;

               (ii) with  the  lawful  consent of  the  originator  or  any 
                    addressee or intended recipient of such communication;

               (iii) to   a  person  employed  or  authorized,   or   whose 
                    facilities  are used,  to forward such communication to 
                    its destination; or

               (iv) which  were  inadvertently  obtained  by  the   service 
                    provider  and which appear to pertain to the commission 
                    of  a  crime,  if  such divulgence is  made  to  a  law 
                    enforcement agency.

     (4)  (a)  Except as provided in paragraph (b) of this subsection or in 
               subsection  (5),  whoever  violates subsection (1)  of  this 
               section  shall  be fined under this title or imprisoned  not 
               more than five years, or both.

          (b)  If  the  offense is a first offense under paragraph  (a)  of 
               this subsection and is not for a tortious or illegal purpose 
               or  for purposes of direct or indirect commercial  advantage 
               or  private  commercial gain,  and the  wire  or  electronic 
               communication  with  respect  to  which  the  offense  under 
               paragraph (a) is a radio communication that is not scrambled 
               or encrypted, then --

               (i)  If  the  communication  is not the radio portion  of  a 
                    cellular telephone communication,  a public land mobile 
                    radio   service  communication  or  a  paging   service 
                    communication, and the conduct is not that described in 
                    subsection (5),  the offender shall be fined under this 
                    title  or imprisoned not more than one year,  or  both, 
                    and

               (ii) if the communication is the radio portion of a cellular 
                    telephone  communication,  a public land  mobile  radio 
                    service    communication    or   a    paging    service 
                    communication,  the  offender  shall be fined not  more 
                    than $500.

          (c)  Conduct  otherwise  an offense under  this  subsection  that 
               consists  of  or relates to the interception of a  satellite 
               transmission that is not encrypted or scrambled and that  is 
               transmitted --

               (i)  to    a   broadcasting   station   for   purposes    of 
                    retransmission to the general public; or

               (ii) as  an audio subcarrier intended for redistribution  to 
                    facilities  open to the public,  but not including data 
                    transmissions or telephone calls,

               is  not an offense under this subsection unless the  conduct 
               is  for  the  purposes  of  direct  or  indirect  commercial 
               advantage or private financial gain.

     (5)  (a)  (i)  If the communication is --

                    (A)  a  private satellite video communication  that  is 
                         not  scrambled  or  encrypted and the  conduct  in 
                         violation  of this chapter is the private  viewing 
                         of that communication and is not for a tortious or 
                         illegal  purpose  or  for purposes  of  direct  or 
                         indirect    commercial   advantage   or    private 
                         commercial gain; or

                    (B)  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  in violation of this chapter is  not 
                         for a tortious or illegal purpose or for  purposes 
                         of  direct  or  indirect commercial  advantage  or 
                         private commercial gain.

                    then  the person who engages in such conduct  shall  be 
                    subject to suit by the Federal Government in a court of 
                    competent jurisdiction.

               (ii) In an action under this subsection --

                    (A)  if  the  violation  of  this chapter  is  a  first 
                         offense  for  the person under  paragraph  (a)  of 
                         subsection  (4) and such person has not been found 
                         liable  in  a civil action under section  2520  of 
                         this  title,   the  Federal  Government  shall  be 
                         entitled to appropriate injunctive relief; and

                    (B)  if  the violation of this chapter is a  second  or 
                         subsequent   offense   under  paragraph   (a)   of 
                         subsection  (4)  or  such person  has  been  found 
                         liable  in  any prior civil action  under  section 
                         2520,  the  person shall be subject to a mandatory 
                         $500 civil fine.

          (b)  The court may use any means within its authority to  enforce 
               an  injunction  issued under paragraph  (ii)(A),  and  shall 
               impose a civil fine of not less than $500 for each violation 
               of such an injunction.



_ 2512.  Manufacture,  distribution,  possession,  and advertising of wire, 
     oral, or electronic communication intercepting devices prohibited

     (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 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  or  having reason to know that  such  advertisement 
               will  be sent through the mail or transported in  interstate 
               or foreign commerce,

          shall  be fined not more than $10,000 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 communications 
               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.



_ 2513.     Confiscation  of  wire,   oral,   or  electronic  communication 
     intercepting devices

     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.




_ 2515.    Prohibition  of  use  as evidence of intercepted  wire  or  oral 
     communications

     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 committee, or other authority of the United States, a State, or 
a political subdivision thereof if the disclosure of that information would 
be in violation of this chapter.



_ 2516.    Authorization  for interception of  wire,  oral,  or  electronic 
     communications

     (1)  The Attorney General, Deputy Attorney General, Associate Attorney 
          General,  any  Assistant Attorney General,  any acting  Assistant 
          Attorney General, or any Deputy Assistant Attorney General in the 
          Criminal  Division specially designated by the Attorney  General, 
          may  authorize  an  application to a Federal judge  of  competent 
          jurisdiction  for,  and such judge may grant in  conformity  with 
          section  2518  of this chapter an order authorizing or  approving 
          the  interception of wire of oral communications by  the  Federal 
          Bureau   of   Investigation,   or   a   Federal   agency   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 --

          (a)  any  offense punishable by death or by imprisonment for more 
               than  one year under sections 2274 through 2277 of title  42 
               of  the United States Code (relating to the  enforcement  of 
               the Atomic Energy Act of 1954),  section 2284 of title 42 of 
               the  United  States  Code (relating to sabotage  of  nuclear 
               facilities or fuel), or under the following chapters of this 
               title:   chapter  37 (relating to  espionage),  chapter  105 
               (relating  to sabotage),  chapter 115 (relating to treason), 
               chapter  102 (relating to riots),  chapter 65  (relating  to 
               malicious mischief), chapter 111 (relating to destruction of 
               vessels), or chapter 81 (relating to piracy);

          (b)  a  violation  of section 186 or section 501(c) of title  29, 
               United  States Code (dealing with restrictions  on  payments 
               and  loans  to labor organizations),  or any  offense  which 
               involves murders,  kidnapping,  robbery,  or extortion,  and 
               which is punishable under this title;

          (c)  any offense which is punishable under the following sections 
               of this title:  section 201 (bribery of public officials and 
               witnesses),  section  224  (bribery in  sporting  contests), 
               subsection (d),  (e),  (f),  (g), (h), or (i) of section 844 
               (unlawful use of explosives),  section 1084 (transmission of 
               wagering  information),  section  751 (relating to  escape), 
               sections 1503,  1512,  and 1513 (influencing or injuring  an 
               officer,   juror,   or  witness  generally),   section  1510 
               (obstruction  of  criminal  investigations),   section  1511 
               (obstruction  of  State or local law  enforcement),  section 
               1751  (Presidential  and Presidential  staff  assassination, 
               kidnapping,  and assault),  section 1951 (interference  with 
               commerce  by threats or violence),  section 1952 (interstate 
               and foreign travel or transportation in aid of  racketeering 
               enterprises),  section  1952A (relating to use of interstate 
               commerce  facilities in the commission of murder for  hire), 
               section  1952B  (relating  to  violent  crimes  in  aid   of 
               racketeering activity),  section 1954 (offer, acceptance, or 
               solicitation  to  influence operations of  employee  benefit 
               plan),  section 1955 (prohibition of business enterprises of 
               gambling),    section    1956   (laundering   of    monetary 
               instruments), section 1957 (relating to engaging in monetary 
               transactions  in  property derived from  specified  unlawful 
               activity),  section  659  (theft from interstate  shipment), 
               section  664 (embezzlement from pension and welfare  funds), 
               section 1343 (fraud by wire,  radio, or television), section 
               2252  or 2253 (sexual exploitation  of  children),  sections 
               2251  and 2252 (sexual exploitation of  children),  sections 
               2312,  2313,  2314,  and  2315 (interstate transportation of 
               stolen  property),  the  second section  2320  (relating  to 
               trafficking  in  certain  motor vehicles  or  motor  vehicle 
               parts,  section  1203 (relating to hostage taking),  section 
               1029  (relating to fraud and related activity in  connection 
               with access devices),  section 3146 (relating to penalty for 
               failure to appear),  section 3521(b)(3) (relating to witness 
               relocation   and  assistance),   section  32  (relating   to 
               destruction  of aircraft or  aircraft  facilities),  section 
               1963  (violations  with respect to racketeer influenced  and 
               corrupt organizations), section 115 (relating to threatening 
               or retaliating against a Federal official),  the section  in 
               chapter  65  relating to destruction of an energy  facility, 
               and  section  1341 (relating to  mail  fraud),  section  351 
               (violations  with  respect  to  congressional,  Cabinet,  or 
               Supreme  Court  assassinations,  kidnapping,  and  assault), 
               section  831 (relating to prohibited transactions  involving 
               nuclear  materials),  section 33 (relating to destruction of 
               motor vehicles or motor vehicle facilities), or section 1992 
               (relating to wrecking trains);

          (d)  any   offense  involving  counterfeiting  punishable   under 
               section 471, 472, or 473 of this title;

          (e)  any  offense  involving  fraud connected with a  case  under 
               title  11  or  the  manufacture,   importation,   receiving, 
               concealment,   buying,  selling,  or  otherwise  dealing  in 
               narcotic  drugs,   marihuana,   or  other  dangerous  drugs, 
               punishable under any law of the United States;

          (f)  any offense including extortionate credit transactions under 
               sections 892, 893, or 894 of this title;

          (g)  a violation of section 5322 of title 31,  United States Code 
               (dealing with the reporting of currency transactions);

          (h)  any felony violation of sections 2511 and 2512 (relating  to 
               interception and disclosure of certain communications and to 
               certain intercepting devices) of this title;

          (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,  kidnapping,  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  chpater  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;

          (3)  with the lawful consent of the originator or an addressee or 
               intended recipient of such communication,  or the subscriber 
               in the case of remote computing service;

          (4)  to  a person employed or authorized or whose facilities  are 
               used to forward such communication to its destination;

          (5)  as  may  be  necessarily incident to the  rendition  of  the 
               service  or to the protection of the rights or  property  of 
               the provider of that service; or

          (6)  to a law enforcement agency, if such contents--

               (A)  were inadvertently obtained by the service provider; and

               (B)  appear to pertain to the commission of a crime.



_ 2703. Requirements for governmental access

     (a)  CONTENTS  OF ELECTRONIC COMMUNICATIONS IN ELECTRONIC STORAGE.-- A 
          governmental  entity may require the disclosure by a provider  of 
          electronic communication service of the contents of an electronic 
          communication,  that  is in electronic storage in  an  electronic 
          communications  system  for one hundred and eighty days or  less, 
          only  pursuant  to a warrant issued under the  Federal  Rules  of 
          Criminal  Procedure or equivalent State warrant.   A governmental 
          entity  may  require the disclosure by a provider  of  electronic 
          communications   services  of  the  contents  of  an   electronic 
          communication   that  has  been  in  electronic  storage  in   an 
          electronic  communications system for more than one  hundred  and 
          eighty  days by the means available under subsection (b) of  this 
          section.

     (b)  CONTENTS  OF  ELECTRONIC  COMMUNICATIONS IN  A  REMOTE  COMPUTING 
          SERVICE.--

          (1)  A  governmental  entity  may require a  provider  of  remote 
               computing service to disclose the contents of any electronic 
               communication  to which this paragraph is made applicable by 
               paragraph (2) of this subsection--

               (A)  without required notice to the subscriber or  customer, 
                    if  the  governmental entity obtains a  warrant  issued 
                    under  the  Federal  Rules  of  Criminal  Procedure  or 
                    equivalent State warrant; or

               (B)  with  prior notice from the governmental entity to  the 
                    subscriber or customer if the governmental entity--

                    (i)  uses  an  administrative subpoena authorized by  a 
                         Federal  or  State statute or a Federal  or  State 
                         grand jury subpoena; or

                    (ii) obtains  a court order for such  disclosure  under 
                         subsection (d) of this section;

                    except  that  delayed notice may be given  pursuant  to 
                    section 2705 of this title.

          (2)  Paragraph  (1) is applicable with respect to any  electronic 
               communication that is held 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 remote computing 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.

     (c)  RECORDS  CONCERNING  ELECTRONIC COMMUNICATION SERVICE  OR  REMOTE 
          COMPUTING  SERVICE.--
          (1)  (A)  Except as provided in subparagraph (B),  a provider  of 
                    electronic  communication  service or remote  computing 
                    service  may  disclose a record  or  other  information 
                    pertaining  to  a  subscriber to or  customer  of  such 
                    service  (not including the contents of  communications 
                    covered  by  subsection (a) or (b) of this section)  to 
                    any person other than a governmental entity.

               (B)  A  provider  of  electronic  communication  service  or 
                    remote  computing  service shall disclose a  record  or 
                    other  information  pertaining to a  subscriber  to  or 
                    customer of such service (not including the contents of 
                    communications covered by subsection (a) or (b) of this 
                    section)   to  a  governmental  entity  only  when  the 
                    governmental entity--

                    (i)  uses  an administrative subpoena authorized  by  a 
                         Federal  or State statute,  or a Federal or  State 
                         grand jury subpoena;

                    (ii) obtains  a warrant issued under the Federal  Rules 
                         of Criminal Procedure or equivalent State warrant;

                    (iii) obtains  a court order for such disclosure  under 
                         subsection (d) of this section; or

                    (iv) has  the consent of the subscriber or customer  to 
                         such disclosure.

          (2)  A governmental entity receiving records or information under 
               this  subsection  is  not required to provide  notice  to  a 
               subscriber or customer.

     (d)  REQUIREMENTS  FOR  COURT  ORDER.-- A court order  for  disclosure 
          under  subsection (b) or (c) of this section shall issue only  if 
          the governmental entity shows that there is reason to believe the 
          contents of a wire or electronic communication, or the records or 
          other  information  sought,  are  relevant to  a  legitimate  law 
          enforcement  inquiry.   In  the  case  of  a  State  governmental 
          authority,  such  a court order shall not issue if prohibited  by 
          the law of such State.  A court issuing an order pursuant to this 
          section,  on a motion made promptly by the service provider,  may 
          quash  or  modify  such order,  if  the  information  or  records 
          requested  are unusually voluminous in nature or compliance  with 
          such  order  otherwise  would  cause  an  undue  burden  on  such 
          provider.

     (e)  NO  CAUSE  OF  ACTION AGAINST A PROVIDER  DISCLOSING  INFORMATION 
          UNDER  THIS CHAPTER.-- No cause of action shall lie in any  court 
          against any provider of wire or electronic communication service, 
          its officers,  employees,  agents, or other specified persons for 
          providing information,  facilities,  or assistance in  accordance 
          with  the  terms  of  a  court  order,   warrant,   subpoena,  or 
          certification under this chapter.




_ 2704. Backup preservation

     (a)  BACKUP PRESERVATION.-- 

          (1)  A  governmental  entity acting under section 2703(b)(2)  may 
               include  in its subpoena or court order a  requirement  that 
               the  service provider to whom the request is directed create 
               a   backup   copy  of  the  contents   of   the   electronic 
               communications   sought   in   order   to   preserve   those 
               communications.    Without   notifying  the  subscriber   or 
               customer  of  such  subpoena or court  order,  such  service 
               provider   shall  create  such  backup  copy  as   soon   as 
               practicable  consistent with its regular business  practices 
               and  shall  confirm  to the governmental  entity  that  such 
               backup  copy  has  been made.   Such backup  copy  shall  be 
               created  within  two  business  days after  receipt  by  the 
               service provider of the subpoena or court order.

          (2)  Notice  to the subscriber or customer shall be made  by  the 
               governmental  entity within three days after receipt of such 
               confirmation,  unless  such  notice is delayed  pursuant  to 
               section 2705(a).

          (3)  The  service  provider shall not destroy  such  backup  copy 
               until the later of--

               (A)  the delivery of the information; or

               (B)  the resolution of any proceedings (including appeals of 
                    any proceeding) concerning the government's subpoena or 
                    court order.

          (4)  The  service provider shall release such backup copy to  the 
               requesting  governmental entity no sooner than fourteen days 
               after the governmental entity's notice to the subscriber  or 
               customer if such service provider--

               (A)  has not received notice from the subscriber or customer 
                    that  the  subscriber  or customer has  challenged  the 
                    governmental entity's request; and

               (B)  has not initiated proceedings to challenge the  request 
                    of the governmental entity.

          (5)  A  governmental entity may seek to require the creation of a 
               backup  copy under subsection (a)(1) of this section  if  in 
               its  sole  discretion such entity determines that  there  is 
               reason  to  believe that notification under section 2703  of 
               this  title of the existence of the subpoena or court  order 
               may  result  in destruction of or tampering  with  evidence.  
               This  determination  is  not subject  to  challenge  by  the 
               subscriber or customer or service provider.

     (b) CUSTOMER CHALLENGES.-- 

          (1)  Within fourteen days after notice by the governmental entity 
               to  the  subscriber or customer under subsection  (a)(2)  of 
               this section,  such subscriber or customer may file a motion 
               to  quash  such subpoena or vacate such  court  order,  with 
               copies  served upon the governmental entity and with written 
               notice of such challenge to the service provider.   A motion 
               to  vacate a court order shall be filed in the  court  which 
               issued  such order.   A motion to quash a subpoena shall  be 
               filed  in  the appropriate Unites States district  court  or 
               State  court.   Such motion or application shall contain  an 
               affidavit or sworn statement--

               (A)  stating  that the applicant is a customer or subscriber 
                    to  the service from which the contents  of  electronic 
                    communications maintained for him have been sought; and

               (B)  stating  the applicant's reasons for believing that the 
                    records  sought  are not relevant to a  legitimate  law 
                    enforcement   inquiry  or  that  there  has  not   been 
                    substantial  compliance  with the  provisions  of  this 
                    chapter in some other respect.

          (2)  Service shall be made under this section upon a governmental 
               entity  by delivering or mailing by registered or  certified 
               mail  a  copy  of  the papers  to  the  person,  office,  or 
               department  specified in the notice which the  customer  has 
               received pursuant to this chapter.  For the purposes of this 
               section, the term "delivery" has the meaning given that term 
               in the Federal Rules of Civil Procedure.

          (3)  If  the  court  finds that the customer  has  complied  with 
               paragraphs  (1) an (2) of this subsection,  the court  shall 
               order  the  governmental  entity to file a  sworn  response, 
               which  may  be filed in camera if  the  governmental  entity 
               includes  in  its response the reasons which make in  camera 
               review approriate.   If the court is unable to determine the 
               motion  or application on the basis of the parties'  initial 
               allegations  and  response,   the  court  may  conduct  such 
               additional  proceedings as it deems appropriate.   All  such 
               proceedings shall be completed and the motion or application 
               decided  as  soon  as practicable after the  filing  of  the 
               governmental entity's response.

          (4)  If the court finds that the applicant is not the  subscriber 
               or  customer  for  whom  the communications  sought  by  the 
               governmental  entity  are maintained,  or that  there  is  a 
               reason  to  believe  that  the law  enforcement  inquiry  is 
               legitimate  and that the communications sought are  relevant 
               to that inquiry, it shall deny the motion or application and 
               order  such process enforced.   If the court finds that  the 
               applicant  is  the  subscriber  or  customer  for  whom  the 
               communications   sought  by  the  governmental  entity   are 
               maintained,  and that there is not a reason to believe  that 
               the  communications sought are relevant to a legitimate  law 
               enforcement inquiry,  or that there has not been substantial 
               compliance  with  the provisions of this chapter,  it  shall 
               order the process quashed.  

          (5)  A  court  order denying a motion or application  under  this 
               section   shall  not  be  deemed  a  final  order   and   no 
               interlocutory appeal may be taken therefrom by the customer.



_ 2705.  Delayed notice

     (a)  DELAY OF NOTIFICATION.-- 

          (1)  A  governmental entity acting under section 2703(b) of  this 
               title may--

               (A)  where   a  court  order  is  sought,   include  in  the 
                    application a request, which the court shall grant, for 
                    an  order  delaying  the  notification  required  under 
                    section  2703(b)  of  this title for a  period  not  to 
                    exceed ninety days,  if the court determines that there 
                    is reason to believe that notification of the existence 
                    of the court order may have an adverse result described 
                    in paragraph (2) of this subsection; or

               (B)  where  an  administrative  subpoena  authorized  by   a 
                    Federal  or  State statute or a Federal or State  grand 
                    jury  subpoena  is  obtained,  delay  the  notification 
                    required  under  section 2703(b) of this  title  for  a 
                    period  not to exceed ninety days upon the execution of 
                    a written certification of a supervisory official  that 
                    there  is  reason to believe that notification  of  the 
                    existence  of  the subpoena may have an adverse  result 
                    described in paragraph (2) of this subsection.

          (2)  An adverse result for the purposes of paragraph (1) of  this 
               subsection is--

               (A)  endangering   the   life  or  physical  safety  of   an 
                    individual;

               (B)  flight from prosecution;

               (C)  destruction of or tampering with evidence;

               (D)  intimidation of potential witnesses; or

               (E)  otherwise  seriously jeopardizing an  investigation  or 
                    unduly delaying a trial.

          (3)  The  governmental  entity  shall  maintain a  true  copy  of 
               certification under paragraph (1)(B).

          (4)  Extensions of the delay of notification provided in  section 
               2703  of up to ninety days each may be granted by the  court 
               upon  application,  or  by certification by  a  governmental 
               entity,  but  only in accordance with subsection (b) of this 
               section.

          (5)  Upon expiration of the period of delay of notification under 
               paragraph  (1) or (4) of this subsection,  the  governmental 
               entity shall serve upon,  or deliver by registered or first-
               class  mail  to,  the customer or subscriber a copy  of  the 
               process or request together with notice that--

               (A)  states  with reasonable specificity the nature  of  the 
                    law enforcement inquiry; and

               (B)  informs such customer or subscriber--

                    (i)  that  information maintained for such customer  or 
                         subscriber  by the service provider named in  such 
                         process or request was supplied to or requested by 
                         that  governmental authority and the date on which 
                         the supplying or request took place;

                    (ii) that  notification of such customer or  subscriber 
                         was delayed;

                    (iii) what  governmental  entity  or  court  made   the 
                         certification  or determination pursuant to  which 
                         that delay was made; and

                    (iv) which provision of this chapter allowed such delay.

          (6)  As used in this subsection,  the term "supervisory official" 
               means   the  investigative  agent  in  charge  or  assistant 
               investigative  agent  in  charge  or  an  equivalent  of  an 
               investigating agency's headquarters or regional  office,  or 
               the  chief  prosecuting  attorney  or  the  first  assistant 
               prosecuting  attorney  or  an equivalent  of  a  prosecuting 
               attorney's headquarters or regional office.

     (b)  PRECLUSION  OF  NOTICE  TO SUBJECT  OF  GOVERNMENTAL  ACCESS.-- A 
          governmental  entity  acting under section 2703,  when it is  not 
          required  to  notify  the subscriber or  customer  under  section 
          2703(b)(1),  or  to  the  extent that it may  delay  such  notice 
          pursuant to subsection (a) of this section,  may apply to a court 
          for  an order commanding a provider of electronic  communications 
          service or remote computing service to whom a warrant,  subpoena, 
          or  court order is directed,  for such period as the court  deems 
          appropriate,  not to notify any other person of the existence  of 
          the  warrant,  subpoena,  or court order.   The court shall enter 
          such  an order if it determines that there is reason  to  believe 
          that notification of the existence of the warrant,  subpoena,  or 
          court order will results in--

          (1)  endangering the life or physical safety of an individual;

          (2)  flight from prosecution;

          (3)  destruction of or tampering with evidence;

          (4)  intimidation of potential witnesses; or

          (5)  otherwise  seriously jeopardizing an investigation or unduly 
               delaying a trial.



_ 2706.  Cost reimbursement

     (a)  PAYMENT.-- Except  as  otherwise provided in  subsection  (c),  a 
          governmental  entity  obtaining the contents  of  communications, 
          records,  or other information under section 2702,  2703, or 2704 
          of  this  title shall pay to the person or entity  assembling  or 
          providing such information a fee for reimbursement for such costs 
          as are reasonably necessary and which have been directly incurred 
          in searching for, assembling, reproducing, or otherwise providing 
          such  information.   Such  reimbursable costs shall  include  any 
          costs  due  to necessary disruption of normal operations  of  any 
          electronic  communication service or remote computing service  in 
          which such information may be stored.

     (b)  AMOUNT.-- The  amount of the fee provided by subsection (a) shall 
          be  as mutually agreed by the governmental entity and the  person 
          or  entity  providing the information,  or,  in  the  absence  of 
          agreement,  shall  be as determined by the court which issued the 
          order  for  production of such information (or the  court  before 
          which  a criminal prosecution relating to such information  would 
          be  brought,  if no court order was issued for production of  the 
          information).

     (c)  The requirement of subsection (a) of this section does not  apply 
          with  respect  to  records or other information maintained  by  a 
          communications  common  carrier  that relate  to  telephone  toll 
          records  and  telephone listings obtained under section  2703  of 
          this title.  The court may, however, order a payment as described 
          in  subsection  (a)  if  the  court  determines  the  information 
          required is unusually voluminous in nature or otherwise caused an 
          undue burden on the provider.



_ 2707.  Civil action

     (a)  CAUSE  OF ACTION.-- Except as provided in  section  2703(e),  any 
          provider  of  electronic communication  service,  subscriber,  or 
          customer aggrieved by any violation of this chapter in which  the 
          conduct  constituting the violation is engaged in with a  knowing 
          or intentional state of mind 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  a  civil 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

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

     (c)  DAMAGES.-- The  court  may  assess as damages in a  civil  action 
          under this section the sum of the actual damages suffered by  the 
          plaintiff and any profits made by the violator as a result of the 
          violation,  but  in  no case shall a person entitled  to  recover 
          receive less than the sum of $1,000.

     (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 to 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  discovered  or had a reasonable  opportunity  to 
          discover the violation.



_ 2708.  Exclusivity of remedies

     The  remedies  and sanctions described in this chapter  are  the  only 
judicial  remedies  and sanctions for nonconstitutional violations of  this 
chapter.



_ 2709.    Counterintelligence  access to telephone toll and  transactional 
     records

     (a)  DUTY  TO  PROVIDE.-- A wire or electronic  communication  service 
          provider  shall comply with a request for subscriber  information 
          and toll billing records information, or electronic communication 
          transactional  records in its custody or possession made  by  the 
          Director  of the Federal Bureau of Investigation under subsection 
          (b) of this section.

     (b)  REQUIRED  CERTIFICATION.-- The Director of the Federal Bureau  of 
          Investigation  (or  an individual within the  Federal  Bureau  of 
          Investigation  designated  for this purpose by the Director)  may 
          request any such information and records if the Director (or  the 
          Director's   designee)  certifies  in  writing  to  the  wire  or 
          electronic communication service provider to which the request is 
          made that--

          (1)  the information sought is relevant to an authorized  foreign 
               counterintelligence investigation; and

          (2)  there  are  specific and articulable facts giving reason  to 
               believe  that the person or entity to whom  the  information 
               sought  pertains is a foreign power or an agent of a foreign 
               power as defined in section 101 of the Foreign  Intelligence 
               Surveillance Act of 1978 (50 U.S.C. 1801).

     (c)  PROHIBITION   OF  CERTAIN  DISCLOSURE.-- No  wire  or  electronic 
          communication service provider,  or officer,  employee,  or agent 
          thereof,  shall disclose to any person that the Federal Bureau of 
          Investigation  has  sought or obtained access to  information  or 
          records under this section.

     (d)  DISSEMINATION  BY BUREAU.-- The Federal Bureau  of  Investigation 
          may  disseminate  information  and records  obtained  under  this 
          section  only as provided in guidelines approved by the  Attorney 
          General   for   foreign  intelligence  collection   and   foreign 
          counterintelligence   investigations  conducted  by  the  Federal 
          Bureau of Investigation, and, with respect to dissemination to an 
          agency of the United States,  only if such information is clearly 
          relevant to the authorized responsibilities of such agency.

     (e)  REQUIREMENT THAT CERTAIN CONGRESSIONAL BODIES BE INFORMED.-- On a 
          semiannual   basis  the  Director  of  the  Federal   Bureau   of 
          Investigation  shall fully inform the Permanent Select  Committee 
          on  Intelligence  of the House of Representatives and the  Select 
          Committee  on Intelligence of the Senate concerning all  requests 
          made under subsection (b) of this section.




_ 2710.  Definitions for chapter

     As used in this chapter -

          (1)  the  terms  defined  in section 2510  of  this  title  have, 
               respectively,  the  definitions  given  such terms  in  that 
               section; and

          (2)  the  term "remote computing service" means the provision  to 
               the  public  of computer storage or processing  services  by 
               means of an electronic communications system.



CHAPTER 205-SEARCHES AND SEIZURES

Sec. 3101.  Effect of rules of court--Rules

3117.  Mobile tracking devices.



_ 3117.  Mobile tracking devices

     (a). IN GENERAL.--If a court is empowered to ussue a warrant or  other 
          order  for  the installation of a mobile  tracking  device,  such 
          order   may   authorize  the  use  of  that  device  within   the 
          jurisdiction of the court,  and outside that jurisdiction if  the 
          device is installed in that jurisdiction.

     (b). DEFINITION.--As used in this section,  the term "tracking device" 
          means  an  electronic  or  mechanical device  which  permits  the 
          tracking of the movement of a person or object.



CHAPTER 206-PEN REGISTERS AND TRAP TRACE DEVICES

Sec.

3121.     General prohibition on pen register on trap and trace device use; 
          exception.

3122.     Application  for an order for a pen register or a trap and  trace 
          device.

3123.     Issuance  of  an  order for a pen register or  a  trap  or  trace 
          device.

3124.     Assistance  in  installation and use of a pen register or a  trap 
          and trace device.

3125.     Reports concerning pen registers and trap and trace devices.

3126.     Definitions for chapter.



_ 3121.    General  prohibition  on pen register and trap and trace  device 
     use; exception

     (a)  In  General.-Except as provided in this section,  no  person  may 
          install  or use a pen register or a trap and trace device without 
          first obtaining a court order under section 3123 of this title or 
          under  the  Foreign  Intelligence Surveillance Act  of  1978  (50 
          U.S.C. 1801 et seq.).

     (b)  Exception.-The prohibition of subsection (a) does not apply  with 
          respect  to the use of a pen register or a trap and trace  device 
          by a provider of electronic or wire communication service-

          (1)  relating  to the operation,  maintenance,  and testing of  a 
               wire   or   electronic  communication  service  or  to   the 
               protection of the rights or property of such provider, or to 
               the  protection  of  users of that  service  from  abuse  of 
               service or unlawful use of service; or

          (2)  to  record the fact that a wire or electronic  communication 
               was   initiated  or  completed  in  order  to  protect  such 
               provider,  another  provider furnishing service  toward  the 
               completion  of  the wire communication,  or a user  of  that 
               service,   from  fraudulent,  unlawful  or  abusive  use  of 
               service; or with the consent of the user of that service.

     (c)  Penalty.-Whoever knowingly violates subsection (a) shall be fined 
          under this title or imprisoned not more than one year, or both.



_ 3122.    Application  for an order for a pen register or a trap and trace 
     device

     (a)  Application.-

          (1)  An  attorney for the Government may make application for  an 
               order or an extension of an order under section 3123 of this 
               title authorizing or approving the installation and use of a 
               pen register or a trap and trace device under this  chapter, 
               in writing under oath or equivalent affirmation,  to a court 
               of competent jurisdiction.

          (2)  Unless  prohibited by State law,  a State investigative  law 
               enforcement  officer may make application for an order or an 
               extension  of  an  order under section 3123  of  this  title 
               authorizing  or approving the installation and use of a  pen 
               register or a trap and trace device under this  chapter,  in 
               writing under oath or equivalent affirmation,  to a court of 
               competent jurisdiction of such State.

     (b)  Contents Of Application. - An application under subsection (a) of 
          this section shall include-

          (1)  the identity of the attorney for the Government or the State 
               law   enforcement   or  investigative  officer  making   the 
               application  and the identity of the law enforcement  agency 
               conducting the investigation; and

          (2)  a certification by the applicant that the information likely 
               to   be  obtained  is  relevant  to  an   ongoing   criminal 
               investigation being conducted by that agency.



_ 3123.  Issuance of an order for a pen register or a trap and trace device

     (a)  In  General.-Upon an application made under section 3122 of  this 
          title,  the  court shall enter an ex parte order authorizing  the 
          installation and use of a pen register or a trap and trace device 
          within  the jurisdiction of the court if the court finds that the 
          attorney  for  the  Government or the State  law  enforcement  or 
          investigative  officer  has  certified  to  the  court  that  the 
          information likely to be obtained by such installation and use is 
          relevant to an ongoing criminal investigation.

     (b)  Contents Of Order.-An order issued under this section-

          (1)  shall specify-

               (A)  the identity, if known, of the person to whom is leased 
                    or in whose name is listed the telephone line to  which 
                    the  pen  register  or trap and trace device is  to  be 
                    attached;

               (B)  the  identity,  if  known,  of the person  who  is  the 
                    subject of the criminal investigation;

               (C)  the  number  and,  if known,  physical location of  the 
                    telephone  line to which the pen register or  trap  and 
                    trace  device is to be attached and,  in the case of  a 
                    trap  and  trace device,  the geographic limits of  the 
                    trap and trace order; and

               (D)  a  statement  of the offense to which  the  information 
                    likely  to be obtained by the pen register or trap  and 
                    trace device relates; and 

          (2)  shall  direct,  upon  the  request  of  the  applicant,  the 
               furnishing  of  information,   facilities,   and   technical 
               assistance  necessary to accomplish the installation of  the 
               pen  register or trap and trace device under section 3124 of 
               this title.

     (c)  Time Period And Extensions.-

          (1)  An  order  issued  under this section  shall  authorize  the 
               installation  and use of a pen register or a trap and  trace 
               device for a period not to exceed sixty days.

          (2)  Extensions of such an order may be granted, but only upon an 
               application  for an order under section 3122 of  this  title 
               and  upon the judicial finding required by subsection (a) of 
               this section.  The period of extension shall be for a period 
               not to exceed sixty days.

     (d)  Nondisclosure  Of Existence Of Pen Register Or A Trap  And  Trace 
          Device.-An  order  authorizing or approving the installation  and 
          use  of  a pen register or a trap and trace device  shall  direct 
          that-

          (1)  the  order be sealed until otherwise ordered by  the  court; 
               and

          (2)  the  person  owning  or leasing the line to  which  the  pen 
               register or a trap and trace device is attached,  or who has 
               been  ordered  by  the court to provide  assistance  to  the 
               applicant, not disclose the existence of the pen register or 
               trap  and trace device or the existence of the investigation 
               to the listed subscriber,  or to any other person, unless or 
               until otherwise ordered by the court.



_ 3124.    Assistance  in installation and use of a pen register or a  trap 
     and trace device

     (a)  Pen Registers.-Upon the request of an attorney for the Government 
          or  an officer of a law enforcement agency authorized to  install 
          and use a pen register under this chapter,  a provider of wire or 
          electronic communication service,  landlord,  custodian, or other 
          person  shall  furnish  such  investigative  or  law  enforcement 
          officer  forthwith all  information,  facilities,  and  technical 
          assistance  necessary  to accomplish the installation of the  pen 
          register  unobtrusively and with a minimum of  interference  with 
          the  services that the person so ordered by the court accords the 
          party  with respect to whom the installation and use is  to  take 
          place,  if  such  assistance  is  directed by a  court  order  as 
          provided in section 3123(b)(2) of this title.

     (b)  Trap  And Trace Device.-Upon the request of an attorney  for  the 
          Government  or an officer of a law enforcement agency  authorized 
          to  receive  the  results of a trap and trace device  under  this 
          chapter,  a  provider  of  a  wire  or  electronic  communication 
          service,  landlord, custodian, or other person shall install such 
          device  forthwith on the appropriate line and shall furnish  such 
          investigative   or   law  enforcement  officer   all   additional 
          information,   facilities  and  technical  assistance   including 
          installation and operation of the device unobtrusively and with a 
          minimum  of  interference  with the services that the  person  so 
          ordered  by the court accords the party with respect to whom  the 
          installation and use is to take place,  if such installation  and 
          assistance  is  directed by a court order as provided in  section 
          3123(b)(2) of this title.  Unless otherwise ordered by the court, 
          the  results of the trap and trace device shall be  furnished  to 
          the officer of a law enforcement agency, designated in the court, 
          at  reasonable  intervals during regular business hours  for  the 
          duration of the order.

     (c)  Compensation.-A  provider  of a wire or electronic  communication 
          service,  landlord,  custodian,  or  other person  who  furnishes 
          facilities or technical assistance pursuant to this section shall 
          be  reasonably compensated for such reasonable expenses  incurred 
          in providing such facilities and assistance.

     (d)  No  Cause  Of  Action Against A Provider  Disclosing  Information 
          Under  This  Chapter.-No cause of action shall lie in  any  court 
          against  any  provider  of a  wire  or  electronic  communication 
          service,  its  officers,  employees,  agents,  or other specified 
          persons for providing information,  facilities,  or assistance in 
          accordance with the terms of a court order under this chapter.

     (e)  Defense.-A  good faith reliance on a court order,  a  legislative 
          authorization, or a statutory authorization is a complete defense 
          against  any civil or criminal action brought under this  chapter 
          or any other law.



_ 3125.   Reports concerning pen registers and trap and trace devices

     The  Attorney General shall annually report to Congress on the  number 
of pen register orders and orders for trap and trace devices applied for by 
law enforcement agencies of the Department of Justice.



_ 3126.   Definitions for chapter

     As used in this chapter-

     (1)  the terms "wire communication",  "electronic  communiation",  and 
          "electronic  communication  service" have the meanings set  forth 
          for such terms in section 2510 of this title;

     (2)  the term "court of competent jurisdiction" means-

          (A)  a   district  court  of  the  United  States  (including   a 
               magistrate  of  such a court) or a United  States  Court  of 
               Appeals; or

          (B)  a   court  of  general  criminal  jurisdiction  of  a  State 
               authorized  by  the  law  of  that  State  to  enter  orders 
               authorizing  the use of a pen register or a trap  and  trace 
               device;

     (3)  the  term "pen register" means a device which records or  decodes 
          electronic or other impulses which identify the numbers dialed or 
          otherwise  transmitted on the telephone line to which such device 
          is attached,  but such term does not include any device used by a 
          provider  or  customer  of a  wire  or  electronic  communication 
          service for billing,  or recording as an incident to billing, for 
          communications  services provided by such provider or any  device 
          used  by  a provider or customer of a wire communication  service 
          for cost accounting or other like purposes in the ordinary course 
          of its business;

     (4)  the  term "trap and trace" device means a device  which  captures 
          the  incoming  electronic  or other impulses which  identify  the 
          originating  number of an instrument or device from which a  wire 
          or electronic communication was transmitted;

     (5)  the term "attorney for the Government" has the meaning given such 
          term for the purposes of the Federal Rules of Criminal Procedure; 
          and

     (6)  the term "State" means a State,  the District of Columbia, Puerto 
          Rico, and any other possession or territory of the United States.
                                                                                                  


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