789 lines
40 KiB
Plaintext
789 lines
40 KiB
Plaintext
The Electronic Communication's
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Privacy Act follows. This "Watergate" inspired statute affects
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BBS systems in many ways. The full annotated text follows. */
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CHAPTER 119 -- WIRE AND ELECTRONIC COMMUNICATIONS
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INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
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Sec.
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2510. Definitions.
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2511. Interception and disclosure of wire or oral
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communications prohibited.
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2512. Manufacture, distribution, possession, and advertising of
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wire or oral communication intercepting devices prohibited.
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2513. Confiscation of wire, oral, or electronic communication
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intercepting devices.
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2514. Immunity of witnesses.
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2515. Prohibition of use as evidence of intercepted wire,
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oral, or electronic communications.
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2516. Authorization for interception of wire, oral, or
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electronic communications.
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2517. Authorization for disclosure and use of intercepted wire,
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oral, or electronic communications.
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2518. Procedure for interception of wire, oral, or electronic
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communications.
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2519. Reports concerning intercepted wire, oral or electronic
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communications.
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2520. Recovery of civil damages authorized.
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2521. Injunction against illegal interception.
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2510. Definitions
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As used in this chapter --
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(1) "wire communication" means any aural transfer made in whole
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or in part through the use of facilities for the transmission of
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communications by the aid of wire, cable, or other like
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connection between the point of origin and the point of reception
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(including the use of such connection in a switching station)
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furnished or operated by any person engaged in providing or
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operating such facilities for the transmission of interstate or
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foreign communications or communications affecting interstate or
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foreign commerce and such term includes any electronic storage of
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such communication, but such term does not include the radio
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portion of a cordless telephone communication that is transmitted
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between the cordless telephone handset and the base unit;
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/* Whenever the term "wire communication" is used, it will
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include communications on a BBS that is connected with the
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telephone system. Arguably interconnection of a private LAN
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would also meet this definitions since the communications of
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anyone in business will include an affect on interstate commerce.
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*/
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(2) "oral communication" means any oral communication uttered by
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a person exhibiting an expectation that such communication is
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not subject to interception under circumstances justifying such
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expectation, but such term does not include any electronic
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communication;
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(3) "State" means any State of the United States, the District
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of Columbia, the Commonwealth of Puerto Rico, and any territory
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or possession of the United States.
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(4) "intercept" means the aural or other acquisition of the
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contents of any wire, electronic, or oral communication through
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the use of any electronic, mechanical, or other device.
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(5) "electronic mechanical, or other device" means any device or
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apparatus which can be used to intercept a wire, oral, or
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electronic communication other than --
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(a) any telephone or telegraph instrument, equipment or
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facility, or any component thereof, (i) furnished to the
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subscriber or user by a provider of wire or electronic
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communication service in the ordinary course of its business and
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being used by the subscriber or user in the ordinary course of
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its business or furnished by such subscriber or user for
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connection to the facilities of such service and used in the
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ordinary course of its business; or (ii) being used by a
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communications common carrier in the ordinary course of its
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business, or by an investigative or law enforcement officer in
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the ordinary course of his duties;
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(b) a hearing aid or similar device being used to correct
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subnormal hearing to not better than normal;
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(6) "person" means any employee, or agent of the United States
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or any State or political subdivision thereof, and any
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individual, partnership, association, joint stock company,
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trust, or corporation;
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(7) "Investigative or law enforcement officer" means any officer
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of the United States or of a State or political subdivision
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thereof, who is empowered by law to conduct investigations of or
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to make arrests for offenses enumerated in this chapter, and any
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attorney authorized by law to prosecute or participate in the
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prosecution of such offenses;
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(8) "contents", when used with respect to any wire, oral, or
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electronic communication, includes any information concerning the
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substance, purport, or meaning of that communication;
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(9) "Judge of competent jurisdiction" means --
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(a) a judge of a United States district court or a United States
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court of appeals; and
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(b) a judge of any court of general criminal jurisdiction of a
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State who is authorized by a statute of that State to enter
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orders authorizing interceptions of wire, oral, or electronic
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communications;
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(10) "communication common carrier" shall have the same meaning
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which is given the term "common carrier" by section 153(h) of
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title 47 of the United States Code;
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(11) "aggrieved person" means a person who was a party to any
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intercepted wire, oral, or electronic communication or a person
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against whom the interception was directed;
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(12) "electronic communication" means any transfer of signs,
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signals, writing, images, sounds, data, or intelligence of any
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nature transmitted in whole or in part by a wire, radio,
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electromagnetic, photoelectronic or photooptical system that
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affects interstate or foreign commerce, but does not include --
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(A) the radio portion of a cordless telephone communication that
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is transmitted between the cordless telephone handset and the
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base unit;
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(B) any wire or oral communication;
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(C) any communication made through a tone-only paging device; or
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(D) any communication from a tracking device (as defined in
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section 3117 of this title);
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/* The definition of "electronic communication would include the
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use of a modem to call a bulletin board system. */
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(13) "user" means any person or entity who --
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(A) uses an electronic communication service; and
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(B) is duly authorized by the provider of such service to engage
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in such use;
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/* All sections of this act are important, but this particular
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section means that an unauthorized user of a BBS is not a "user"
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under the ECPA. */
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(14) "electronic communications system" means any wire, radio,
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electromagnetic, photooptical or photoelectronic facilities for
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the transmission of electronic communications, and any computer
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facilities or related electronic equipment for the electronic
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storage of such communications;
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/* Therefore, the BBS computer is an electronic communications
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system. */
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(15) "electronic communication service" means any service which
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provides to users thereof the ability to send or receive wire or
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electronic communications;
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/* And, the act includes a BBS as an electronic communications
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service. */
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(16) "readily accessible to the general public" means, with
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respect to a radio communication, that such communication is not
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--
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(A) scrambled or encrypted;
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(B) transmitted using modulation techniques whose essential
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parameters have been withheld from the public with the intention
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of preserving the privacy of such communication;
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(C) carried on a subcarrier or other signal subsidiary to a radio
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transmission;
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(D) transmitted over a communication system provided by a common
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carrier, unless the communication is a tone only paging system
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communication; or
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(E) transmitted on frequencies allocated under part 25, subpart
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D, E, or F of part 74, or part 94 of the Rules of the Federal
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Communications Commission, unless, in the case of a communication
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transmitted on a frequency allocated under part 74 that is not
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exclusively allocated to broadcast auxiliary services, the
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communication is a two-way voice communication by radio;
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(17) "electronic storage" means --
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(A) any temporary, intermediate storage of a wire or electronic
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communication incidental to the electronic transmission thereof;
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and
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/* Storage of a message within a "quick" or other mail packet
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would qualify for this definition. */
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(B) any storage of such communication by an electronic
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communication service for purposes of backup protection of such
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communication; and
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/* The storage on a hard drive of a message on a BBS meets this
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definition. */
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(18) "aural transfer" means a transfer containing the human voice
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at any point between and including the point of origin and the
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point of reception.
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2511. Interception and disclosure of wire, oral, or electronic
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communications prohibited
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(1) Except as otherwise specifically provided in this chapter
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any person who--
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(a) intentionally intercepts, endeavors to intercept, or procures
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any other person to intercept or endeavor to intercept, any wire,
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oral, or electronic communication;
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(b) intentionally uses, endeavors to use, or procures any other
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person to use or endeavor to use any electronic, mechanical, or
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other device to intercept any oral communication when --
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(i) such device is affixed to, or otherwise transmits a signal
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through, a wire, cable, or other like connection used in wire
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communication; or
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(ii) such device transmits communications by radio, or interferes
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with the transmission of such communication; or
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(iii) such person knows, or has reason to know, that such device
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or any component thereof has been sent through the mail or
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transported in interstate or foreign commerce; or
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(iv) such use or endeavor to use (A) takes place on the premises
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of any business or other commercial establishment the operations
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of which affect interstate or foreign commerce; or (B) obtains or
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is for the purpose of obtaining information relating to the
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operations of any business or other commercial establishment the
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operations of which affect interstate or foreign commerce; or
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(v) such person acts in the District of Columbia, the
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Commonwealth of Puerto Rico, or any territory or possession of
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the United States;
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(c) intentionally discloses, or endeavors to disclose, to any
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other person the contents of any wire, oral, or electronic
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communication, knowing or have reason to know that the
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information was obtained through the interception of a wire,
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oral, or electronic communication in violation of this
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subsection; or
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/* This section creates civil as well as criminal liability for
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attempting to disclose or disclosing electronic communications.
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Accordingly, these sections are a significant constraint on BBS
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systems. Many systems include an ECPA disclaimer which states
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something to the effect that "there aren't any private
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communications" on this system.
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(d) intentionally uses, or endeavors to use, the contents of any
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wire, oral, or electronic communication, knowing or having reason
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to know that the information was obtained through the
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interception of a wire, oral, or electronic communication in
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violation of this subsection;
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shall be punished as provided in subsection (4) or shall be
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subject to suit as provided in subsection (5).
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(2)(a)(i) It shall not be unlawful under this chapter for an
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operator of a switchboard, or an officer, employee, or agent of a
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provider of wire or electronic communication service, whose
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facilities are used in the transmission of a wire communication,
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to intercept, disclose, or use that communication in the normal
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course of his employment while engaged in any activity which is
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a necessary incident to the rendition of his service or to the
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protection of the rights or property of the provider of that
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service, except that a provider of wire communication service to
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the public shall not utilize service observing or random
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monitoring except for mechanical or service quality control
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checks.
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/* This section provides only a very limited exception to the
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general rule that communications may not be "intercepted." Since
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a BBS system which is not restricted to employees (therefore open
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to the public) can not intercept communications unless necessary
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to protect property rights, or for service quality control. */
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(ii) Notwithstanding any other law, providers of wire or
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electronic communication service, their officers, employees,
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and agents, landlords, custodians, or other persons, are
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authorized to provide information facilities, or technical
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assistance to persons authorized by law to intercept wire,
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oral, or electronic communications or to conduct electronic
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surveillance, as defined in section 101 of the Foreign
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Intelligence Surveillance Act of 1978, if such provider, its
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officers, employees, or agents, landlord, custodian, or other
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specified person, has been provided with --
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(A) a court order directing such assistance signed by the
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authorizing judge, or
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(B) a certification in writing by a person specified in section
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2518(7) of this title or the Attorney General of the United
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States that no warrant or court order is required by law, that
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all statutory requirements have been met, and that the specified
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assistance is required.
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setting forth the period of time during which the provision of
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the information, facilities, or technical assistance is
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authorized and specifying the information, facilities, or
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technical assistance required. No provider of wire or
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electronic communication service, officer, employee, or agent
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thereof, or landlord, custodian, or other specified person shall
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disclose the existence of any interception or surveillance or the
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device used to accomplish the interception or surveillance with
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respect to which the person has been furnished a court order or
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certification under this chapter, except as may otherwise be
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required by legal process and then only after prior notification
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to the Attorney General or to the principal prosecuting attorney
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of a State or any political subdivision of a State, as may be
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appropriate. Any such disclosure, shall render such person
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liable for the civil damages provided for in section 2520. No
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cause of action shall lie in any court against any provider of
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wire or electronic communication service, its officers,
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employees, or agents, landlord, custodian, or other specified
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person for providing information, facilities, or assistance in
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accordance with the terms of an order or certification under this
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subparagraph.
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(b) It shall not be unlawful under this chapter for an officer,
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employee, or agent of the Federal Communications Commission, in
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the normal course of his employment and in discharge of the
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monitoring responsibilities exercised by the Commission in the
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enforcement of chapter 5 of title 47 of the United States Code,
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to intercept a wire or electronic communication, or oral
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communication transmitted by radio, or to disclose or use the
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information thereby obtained.
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(c) It shall not be unlawful under this chapter for a person
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acting under color of law to intercept a wire, oral, or
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electronic communication, where such person is a party to the
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communication or one of the parties to the communication has
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given prior consent to such interception.
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/* Although state laws can vary, under federal law a party can
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record a telephone or other conversation. However, a
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communications provider like a BBS is not a party to the message.
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*/
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(d) It shall not be unlawful under this chapter for a person not
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acting under color of law to intercept a wire, oral, or
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electronic communication where such person is a party to the
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communication or where one of the parties to the communication
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has given prior consent to such interception unless such
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communication is intercepted for the purpose of committing any
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criminal or tortious act in violation of the Constitution or laws
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of the United States or of any State.
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/* This section is relied upon by many BBS operators to avoid
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(e) Notwithstanding any other provision of this title or section
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705 or 706 of the Communications Act of 1934, it shall not be
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unlawful for an officer, employee, or agent of the United States
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in the normal course of his official duty to conduct electronic
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surveillance, as defined in section 101 of the Foreign
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Intelligence Surveillance Act of 1978, as authorized by that Act.
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(f) Nothing contained in this chapter or chapter 121, or section
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705 of the Communications Act of 1934, shall be deemed to
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affect the acquisition by the United States Government of
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foreign intelligence information from international or
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foreign communications, or foreign intelligence activities
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conducted in accordance with otherwise applicable Federal
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law involving a foreign electronic communications system,
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utilizing a means other than electronic surveillance as
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defined in section 101 of the Foreign Intelligence
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Surveillance Act of 1978, and procedures in this chapter and
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the Foreign Intelligence Surveillance Act of 1978 shall be
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the exclusive means by which electronic surveillance, as
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defined in section 101 of such Act, and the interception of
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domestic wire and oral communications may be conducted.
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(g) It shall not be unlawful under this chapter or chapter 121
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of this title for any person --
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(i) to intercept or access an electronic communication made
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through an electronic communication system that is
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configured so that such electronic communication is
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readily accessible to the general public;
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(ii) to intercept any radio communication which is
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transmitted --
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(I) by any station for the use of the general public,
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or that relates to ships, aircraft, vehicles, or
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persons in distress;
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(II) by any governmental, law enforcement, civil
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defense, private land mobile, or public safety
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communications system, including police and fire,
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readily accessible to the general public;
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(III) by a station operating on an authorized frequency
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within the bands allocated to the amateur,
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citizens band, or general mobile radio services;
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or
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(IV) by any marine or aeronautical communications
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system;
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(iii) to engage in any conduct which --
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(I) is prohibited by section 633 of the Communications
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Act of 1934; or
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(II) is excepted from the application of section 705(a)
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of the Communications Act of 1934 by section
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705(b) of that Act;
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(iv) to intercept any wire or electronic communication the
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transmission of which is causing harmful interference
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to any lawfully operating station or consumer
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electronic equipment, to the extent necessary to
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identify the source of such interference; or
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(v) for other users of the same frequency to intercept any
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radio communication made through a system that utilizes
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frequencies monitored by individuals engaged in the
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provision or the use of such system, if such
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communication is not scrambled or encrypted.
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(h) It shall not be unlawful under this chapter --
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(i) to use a pen register or a trap and trace device (as
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those terms are defined for the purposes of chapter 206
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(relating to pen registers and trap and trace devices)
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of this title); or
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(ii) for a provider of electronic communication service to
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record the fact that a wire or electronic communication
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was initiated or completed in order to protect such
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provider, another provider furnishing service toward
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the completion of the wire or electronic communication,
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or a user of that service, from fraudulent, unlawful or
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abusive use of such service.
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(3) (a) Except as provided in paragraph (b) of this subsection, a
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person or entity providing an electronic communication
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service to the public shall not intentionally divulge the
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contents of any communication (other than one to such person
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or entity, or an agent thereof) while in transmission on
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that service to any person or entity other than an addressee
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or intended recipient of such communication or an agent of
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such addressee or intended recipient.
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(b) A person or entity providing electronic communication
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service to the public may divulge the contents of any such
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communication --
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(i) as otherwise authorized in section 2511(2)(a) or 2517
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of this title;
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(ii) with the lawful consent of the originator or any
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addressee or intended recipient of such communication;
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(iii) to a person employed or authorized, or whose
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facilities are used, to forward such communication to
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its destination; or
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(iv) which were inadvertently obtained by the service
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provider and which appear to pertain to the commission
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of a crime, if such divulgence is made to a law
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enforcement agency.
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(4) (a) Except as provided in paragraph (b) of this subsection or in
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subsection (5), whoever violates subsection (1) of this
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section shall be fined under this title or imprisoned not
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more than five years, or both.
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(b) If the offense is a first offense under paragraph (a) of
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this subsection and is not for a tortious or illegal purpose
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or for purposes of direct or indirect commercial advantage
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or private commercial gain, and the wire or electronic
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communication with respect to which the offense under
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paragraph (a) is a radio communication that is not scrambled
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or encrypted, then --
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(i) If the communication is not the radio portion of a
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cellular telephone communication, a public land mobile
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radio service communication or a paging service
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communication, and the conduct is not that described in
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subsection (5), the offender shall be fined under this
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title or imprisoned not more than one year, or both,
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and
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(ii) if the communication is the radio portion of a cellular
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telephone communication, a public land mobile radio
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service communication or a paging service
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communication, the offender shall be fined not more
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than $500.
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(c) Conduct otherwise an offense under this subsection that
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consists of or relates to the interception of a satellite
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transmission that is not encrypted or scrambled and that is
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transmitted --
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(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, kidnaping, 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,
|
|
kidnaping, 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, kidnaping, 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;
|
|
|
|
Downloaded From P-80 International Information Systems 304-744-2253
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|
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Downloaded From P-80 International Information Systems 304-744-2253
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