741 lines
34 KiB
Plaintext
741 lines
34 KiB
Plaintext
(i) any violation of section 1679a(c)(2) (relating to destruction
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of a natural gas pipeline) or subsection (i) or (n) of section
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1472 (relating to aircraft piracy) of title 49, of the United
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||
States Code;
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(j) any criminal violation of section 2778 of title 22 (relating
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to the Arms Export Control Act); or
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(k) the location of any fugitive from justice from an offense
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described in this section;
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(l) any conspiracy to commit any of the foregoing offenses.
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(2) The principal prosecuting attorney of any State, or the
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principal prosecuting attorney of any political subdivision
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thereof, if such attorney is authorized by a statute of that
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State to make application to a State court judge of competent
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jurisdiction for an order authorizing or approving the
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interception of wire, oral, or electronic communications, may
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apply to such judge for, and such judge may grant in conformity
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with section 2518 of this chapter and with the applicable State
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statute an order authorizing, or approving the interception of
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wire, oral, or electronic communications by investigative or law
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enforcement officers having responsibility for the investigation
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of the offense as to which the application is made, when such
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interception may provide or has provided evidence of the
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commission of the offense of murder, kidnaping, gambling,
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robbery, bribery, extortion, or dealing in narcotic drugs,
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marihuana or other dangerous drugs, or other crime dangerous to
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life, limb, or property, and punishable by imprisonment for more
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than one year, designated in any applicable State statute
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authorizing such interception, or any conspiracy to commit any of
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the foregoing offenses.
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(3) Any attorney for the Government (as such term is defined for
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the purposes of the Federal Rules of Criminal Procedure) may
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authorize an application to a Federal judge of competent
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jurisdiction for, and such judge may grant, in conformity with
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section 2518 of this title, or order authorizing or approving the
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interception of electronic communications by an investigative or
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law enforcement officer having responsibility for the
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investigation of the offense to which the application is made,
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when such interception may provide or has provided evidence of
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any Federal felony.
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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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(1) Any investigative or law enforcement officer who, by any
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means authorized by this chapter, has obtained knowledge of the
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contents of any wire, oral, or electronic communication, or
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evidence derived therefrom, may disclose such contents to another
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investigative or law enforcement officer to the extent that such
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disclosure is appropriate to the proper performance of the
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official duties of the officer making or receiving the
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disclosure.
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(2) Any investigative or law enforcement officer who, by any
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means authorized by this chapter, has obtained knowledge of the
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contents of any wire, oral, or electronic communication or
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evidence derived therefrom any use such contents to the extent
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such use is appropriate to the proper performance of his official
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duties.
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(3) Any person who has received, by any means authorized by this
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chapter, any information concerning a wire, oral, or electronic
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communication, or evidence derived therefrom intercepted in
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accordance with the provisions of this chapter may disclose the
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contents of that communication or such derivative evidence while
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giving testimony under oath or affirmation in any proceeding held
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under the authority of the United States or of any State or
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political subdivision thereof.
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(4) No otherwise privileged wire, oral, or electronic
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communication intercepted in accordance with, or in violation of,
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the provisions of this chapter shall lose its privileged
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character.
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(5) When an investigative or law enforcement officer, while
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engaged in intercepting wire, oral, or electronic communications
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in the manner authorized herein, intercepts wire, oral, or
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electronic communications relating to offenses other than those
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specified in the order of authorization or approval, the contents
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thereof, and evidence derived therefrom, may be disclosed or used
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as provided in subsections (1) and (2) of this section. Such
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contents and any evidence derived therefrom may be used under
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subsection (3) of this section when authorized or approved by a
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judge of competent jurisdiction where such judge finds on
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subsequent application that the contents were otherwise
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intercepted in accordance with the provisions of this chapter.
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Such application shall be made as soon as practicable.
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2518. Procedure for interception of wire, oral, or electronic
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communications
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(1) Each application for an order authorizing or approving the
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interception of a wire, oral, or electronic communication under
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this chapter shall be made in writing upon oath or affirmation to
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a judge of competent jurisdiction and shall state the applicant's
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authority to make such application. Each application shall
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include the following information:
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(a) the identity of the investigative or law enforcement officer
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making the application, and the officer authorizing the
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application;
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(b) a full and complete statement of the facts and circumstances
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relied upon by the applicant, to justify his belief that an order
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should be issued, including (i) details as to the particular
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offense that has been, is being, or is about to be committed,
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(ii) except as provided in subsection (11), a particular
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description of the nature and location of the facilities from
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which or the place where the communication is to be intercepted,
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(iii) a particular description of the type of communications
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sought to be intercepted, (iv) the identity of the person, if
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known, committing the offense and whose communications are to be
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intercepted;
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(c) a full and complete statement as to whether or not other
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investigative procedures have been tried and failed or why they
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reasonably appear to be unlikely to succeed if tried or to be too
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dangerous;
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(d) a statement of the period of time for which the interception
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is required to be maintained. If the nature of the investigation
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is such that the authorization for interception should not
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automatically terminate when the described type of communication
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has been first obtained, a particular description of facts
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establishing probable cause to believe that additional
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communications of the same type will occur thereafter;
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(e) a full and complete statement of the facts concerning all
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previous applications known to the individual authorizing and
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making the application, made to any judge for authorization to
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intercept, or for approval of interceptions of, wire, oral, or
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electronic communications involving any of the same persons,
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facilities or places specified in the application, and the action
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taken by the judge on each such application; and
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(f) where the application is for the extension of an order, a
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statement setting forth the results thus far obtained from the
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interception, or a reasonable explanation of the failure to
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obtain such results.
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(2) The judge may require the applicant to furnish additional
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testimony or documentary evidence in support of the application.
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(3) Upon such application the judge may enter an ex parte order,
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as requested or as modified, authorizing or approving
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interception of wire, oral, or electronic communications within
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the territorial jurisdiction of the court in which the judge is
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sitting (and outside that jurisdiction but within the United
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States in the case of a mobile interception device authorized by
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a Federal court within such jurisdiction), if the judge
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determines on the basis of the facts submitted by the applicant
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that --
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(a) there is probable cause for belief that an individual is
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committing, has committed, or is about to commit a particular
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offense enumerated in section 2516 of this t chapter;
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(b) there is probable cause for brief that particular
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communications concerning that offense will be obtained through
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such interception;
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(c) normal investigative procedures have been tried and have
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failed or reasonably appear to be unlikely to succeed if tried or
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to be too dangerous;
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(d) except as provided in subsection (11), there is probable
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cause for belief that the facilities from which, or the place
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where the wire, oral, or electronic communications are to be
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intercepted are being used, or are about to be used, in
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connection with the commission of such offense, or are leased to,
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listed in the name of, or commonly used by such person.
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(4) Each order authorizing or approving the interception of any
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wire, oral, or electronic communication under this chapter shall
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specify --
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(a) the identity of the person, if known, whose communications
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are to be intercepted;
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(b) the nature and location of the communications facilities as
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to which, or the place where, authority to intercept is granted;
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(c) a particular description of the type of communication sought
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to be intercepted, and a statement of the particular offense to
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which it relates;
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(d) the identity of the agency authorized to intercept the
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communications, and of the person authorizing the application;
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and
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(e) the period of time during which such interception is
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authorized, including a statement as to whether or not the
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interception shall automatically terminate when the described
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communication has been first obtained.
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An order authorizing the interception of a wire, oral, or
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electronic communication under this chapter shall, upon request
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of the applicant, direct that a provider of wire or electronic
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communication service, landlord, custodian or other person shall
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furnish the applicant forthwith all information, facilities, and
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technical assistance necessary to accomplish the interception
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unobtrusively and with a minimum of interference with the
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services that such service provider, landlord, custodian, or
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person is according the person whose communications are to be
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intercepted. Any provider of wire or electronic communication
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service, landlord, custodian or other person furnishing such
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facilities or technical assistance shall be compensated therefor
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by the applicant for reasonable expenses incurred in providing
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such facilities or assistance.
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/* If for any horrible reason a BBS is ever commanded to allow an
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electronic tapping of a user to take place, the agency who wishes
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to tap must pay the expenses of the tap. */
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(5) No order entered under this section may authorize or approve
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the interception of any wire, oral, or electronic communication
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for any period longer than is necessary to achieve the objective
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of the authorization nor in any event longer than thirty days.
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Such thirty-day period begins on the earlier of the day on which
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the investigative or law enforcement officer first begins to
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conduct an interception under the order or ten days after the
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order is entered. Extensions of an order may be granted, but
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only upon application for an extension made in accordance with
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subsection (1) of this section and the court making the findings
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required by subsection (3) of this section. The period of
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extension shall be no longer than the authorizing judge deems
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necessary to achieve the purposes for which it was granted and in
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no event for longer than thirty days. Every order and extension
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thereof shall contain a provision that the authorization to
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intercept shall be executed as soon as practicable, shall be
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conducted in such a way as to minimize the interception of
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communications not otherwise subject to interception under this
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||
chapter, and must terminate upon attainment of the authorized
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objective, or in any event in thirty days. In the event the
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intercepted communication is in a code or foreign language, and
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an expert in that foreign language or code is not reasonably
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available during the interception period, minimization may be
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accomplished as soon as practicable after such interception. An
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interception under this chapter may be conducted in whole or in
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part by Government personnel, or by an individual operating under
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a contract with the Government, acting under the supervision of
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an investigative or law enforcement officer authorized to conduct
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the interception.
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(6) Whenever an order authorizing interception is entered
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pursuant to this chapter, the order may require reports to be
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made to the judge who issued the order showing what progress has
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been made toward achievement of the authorized objective and the
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need for continued interception. Such reports shall be made at
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such intervals as the judge may require.
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(7) Notwithstanding any other provision of this chapter, any
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investigative or law enforcement officer, specially designated by
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the Attorney General, the Deputy Attorney General, the Associate
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Attorney General or by the principal prosecuting attorney of any
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State or subdivision thereof acting pursuant to a statute of that
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State, who reasonably determines that --
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(a) an emergency situation exists that involves --
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(i) immediate danger of death or serious physical injury to any
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person;
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(ii) conspiratorial activities threatening the national security
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||
interest; or
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(iii) conspiratorial activities characteristic of organized crime,
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that requires a wire, oral, or electronic communication to be
|
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intercepted before an order authorizing such interception can,
|
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with due diligence, be obtained, and
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(b) there are grounds upon which an order could be entered under
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this chapter to authorize such interception, may intercept such
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wire, oral, or electronic communication if an application for an
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order approving the interception is made in accordance with this
|
||
section within forty-eight hours after the interception has
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occurred, or begins to occur. In the absence of an order, such
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interception shall immediately terminate when the communication
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sought is obtained or when the application for the order is
|
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denied, whichever is earlier. In the event such application for
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approval is denied, or in any other case where the interception
|
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is terminated without an order having been issued, the contents
|
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of any wire, oral, or electronic communication intercepted shall
|
||
be treated as having been obtained in violation of this chapter,
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and an inventory shall be served as provided for in subsection
|
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(d) of this section on the person named in the application.
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(8) (a) The contents of any wire, oral, or electronic
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communication intercepted by any means authorized by this chapter
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||
shall, if possible, be recorded on tape or wire or other
|
||
comparable device. The recording of the contents of any wire,
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||
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
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disclosure pursuant to the provisions of subsections (1) and (2)
|
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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
|
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electronic communication or evidence derived therefrom under
|
||
subsection (3) of section 2517.
|
||
|
||
(b) Applications made and orders granted under this chapter shall
|
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be sealed by the judge. Custody of the applications and orders
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shall be wherever the judge directs. Such applications and
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orders shall be disclosed only upon a showing of good cause
|
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before a judge of competent jurisdiction and shall not be
|
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destroyed except on order of the issuing or denying judge, and in
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any event shall be kept for ten years.
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||
|
||
(c) Any violation of the provisions of this subsection may be
|
||
punished as contempt of the issuing or denying judge.
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||
|
||
(d) Within a reasonable time but not later than ninety days after
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||
the filing of an application for an order of approval under
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||
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.
|
||
|
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(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
|
||
|
||
Downloaded From P-80 International Information Systems 304-744-2253
|
||
|
||
Downloaded From P-80 International Information Systems 304-744-2253
|