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27 June 1999
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 27, 1998]
[Document not affected by Public Laws enacted between
January 27, 1998 and November 30, 1998]
[CITE: 18USC2511]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 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 having reason to know that the information
was obtained through the interception of a wire, oral, or electronic
communication in violation of this subsection;
(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; or
(e)(i) intentionally discloses, or endeavors to disclose, to any
other person the contents of any wire, oral, or electronic
communication, intercepted by means authorized by sections
2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518 of this
chapter, (ii) knowing or having reason to know that the information
was obtained through the interception of such a communication in
connection with a criminal investigation, (iii) having obtained or
received the information in connection with a criminal
investigation, and (iv) with intent to improperly obstruct, impede,
or interfere with a duly authorized criminal investigation,
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 or electronic 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 a court order or certification under this
chapter.
(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 or chapter 121 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, encrypted, or transmitted using modulation techniques the
essential parameters of which have been withheld from the public with
the intention of preserving the privacy of such communication, then--
(i) if the communication is not the radio portion of a cellular
telephone communication, a cordless telephone communication that is
transmitted between the cordless telephone handset and the base
unit, 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 cordless telephone communication that is
transmitted between the cordless telephone handset and the base
unit, a public land mobile radio service communication or a paging
service communication, the offender shall be fined under this title.
(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.
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 213;
amended Pub. L. 91-358, title II, Sec. 211(a), July 29, 1970, 84 Stat.
654; Pub. L. 95-511, title II, Sec. 201(a)-(c), Oct. 25, 1978, 92 Stat.
1796, 1797; Pub. L. 98-549, Sec. 6(b)(2), Oct. 30, 1984, 98 Stat. 2804;
Pub. L. 99-508, title I, Secs. 101(b), (c)(1), (5), (6), (d), (f)[(1)],
102, Oct. 21, 1986, 100 Stat. 1849, 1851-1853; Pub. L. 103-322, title
XXXII, Sec. 320901, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108
Stat. 2123, 2147; Pub. L. 103-414, title II, Secs. 202(b), 204, 205,
Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104-294, title VI,
Sec. 604(b)(42), Oct. 11, 1996, 110 Stat. 3509.)
References in Text
The Foreign Intelligence Surveillance Act of 1978, referred to in
par. (2)(e), (f), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, which
is classified principally to chapter 36 (Sec. 1801 et seq.) of Title 50,
War and National Defense. Section 101 of the Foreign Intelligence
Surveillance Act of 1978, referred to in par. (2)(a)(ii), (e), and (f),
is classified to section 1801 of Title 50. For complete classification
of this Act to the Code, see Short Title note set out under section 1801
of Title 50 and Tables.
Sections 633, 705, and 706 of the Communications Act of 1934,
referred to in par. (2)(e), (f), (g)(iii), are classified to sections
553, 605, and 606 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, respectively.
Amendments
1996--Par. (1)(e)(i). Pub. L. 104-294 substituted ``sections
2511(2)(a)(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518 of this
chapter'' for ``sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and
2518 of this subchapter''.
1994--Par. (1)(e). Pub. L. 103-322, Sec. 320901, added par. (1)(e).
Par. (2)(a)(i). Pub. L. 103-414, Sec. 205, inserted ``or
electronic'' after ``transmission of a wire''.
Par. (4)(b). Pub. L. 103-414, Sec. 204, in introductory provisions
substituted ``, encrypted, or transmitted using modulation techniques
the essential parameters of which have been withheld from the public
with the intention of preserving the privacy of such communication,
then'' for ``or encrypted, then''.
Par. (4)(b)(i). Pub. L. 103-414, Sec. 202(b)(1), inserted ``a
cordless telephone communication that is transmitted between the
cordless telephone handset and the base unit,'' after ``cellular
telephone communication,''.
Par. (4)(b)(ii). Pub. L. 103-414, Sec. 202(b)(2), inserted ``a
cordless telephone communication that is transmitted between the
cordless telephone handset and the base unit,'' after ``cellular
telephone communication,''.
Pub. L. 103-322, Sec. 330016(1)(G), substituted ``fined under this
title'' for ``fined not more than $500''.
1986--Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire, oral,
or electronic'' for ``wire or oral'' in section catchline.
Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (d)(1), (f)[(1)],
substituted ``intentionally'' for ``willfully'' in subpars. (a) to (d)
and ``wire, oral, or electronic' for ``wire or oral'' wherever appearing
in subpars. (a), (c), and (d), and in concluding provisions substituted
``shall be punished as provided in subsection (4) or shall be subject to
suit as provided in subsection (5)'' for ``shall be fined not more than
$10,000 or imprisoned not more than five years, or both''.
Par. (2)(a)(i). Pub. L. 99-508, Sec. 101(c)(5), substituted ``a
provider of wire or electronic communication service'' for ``any
communication common carrier'' and ``of the provider of that service,
except that a provider of wire communication service to the public'' for
``of the carrier of such communication: Provided, That said
communication common carriers''.
Par. (2)(a)(ii). Pub. L. 99-508, Sec. 101(b)(1), (c)(1)(A), (6),
substituted ``providers of wire or electronic communication service''
for ``communication common carriers'', ``wire, oral, or electronic'' for
``wire or oral'', ``if such provider'' for ``if the common carrier'',
``provider of wire or electronic communication service'' for
``communication common carrier'' wherever appearing, ``such disclosure''
for ``violation of this subparagraph by a communication common carrier
or an officer, employee, or agent thereof'', ``render such person
liable'' for ``render the carrier liable'', and ``a court order or
certification under this chapter'' for ``an order or certification under
this subparagraph'' in two places.
Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(B), inserted ``or
electronic'' after ``wire''.
Par. (2)(c). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire,
oral, or electronic'' for ``wire or oral''.
Par. (2)(d). Pub. L. 99-508, Sec. 101(b)(2), (c)(1)(A), substituted
``wire, oral, or electronic'' for ``wire or oral'' and struck out ``or
for the purpose of committing any other injurious act'' after ``of any
State''.
Par. (2)(f). Pub. L. 99-508, Sec. 101(b)(3), inserted ``or chapter
121'' in two places and substituted ``foreign communications, or foreign
intelligence activities conducted in accordance with otherwise
applicable Federal law involving a foreign electronic communications
system, utilizing a means'' for ``foreign communications by a means''.
Par. (2)(g), (h). Pub. L. 99-508, Sec. 101(b)(4), added subpars. (g)
and (h).
Par. (3). Pub. L. 99-508, Sec. 102, added par. (3).
Pars. (4), (5). Pub. L. 99-508, Sec. 101(d)(2), added pars. (4) and
(5).
1984--Par. (2)(e). Pub. L. 98-549, Sec. 6(b)(2)(A), substituted
``section 705 or 706'' for ``section 605 or 606''.
Par. (2)(f). Pub. L. 98-549, Sec. 6(b)(2)(B), substituted ``section
705'' for ``section 605''.
1978--Par. (2)(a)(ii). Pub. L. 95-511, Sec. 201(a), substituted
provisions authorizing communication common carriers etc., to provide
information to designated persons, prohibiting disclosure of intercepted
information, and rendering violators civilly liable for provision
exempting communication common carriers from criminality for giving
information to designated officers.
Par. (2)(e), (f). Pub. L. 95-511, Sec. 201(b), added par. (2)(e) and
(f).
Par. (3). Pub. L. 95-511, Sec. 201(c), struck out par. (3) which
provided that nothing in this chapter or section 605 of title 47 limited
the President's constitutional power to gather necessary intelligence to
protect the national security and stated the conditions necessary for
the reception into evidence and disclosure of communications intercepted
by the President.
1970--Par. (2)(a). Pub. L. 91-358 designated existing provisions as
cl. (i) and added cl. (ii).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984,
see section 9(a) of Pub. L. 98-549, set out as an Effective Date note
under section 521 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 401 of Pub. L. 95-511, set out as an
Effective Date note under section 1801 of Title 50, War and National
Defense.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 901(a) of
Pub. L. 91-358.
Section Referred to in Other Sections
This section is referred to in sections 2513, 2516, 2520, 2702, 2707
of this title.