2384 lines
115 KiB
Plaintext
2384 lines
115 KiB
Plaintext
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PUBLIC LAW 99-508--OCT 21, 1986
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ELECTRONIC COMMUNICATIONS PRIVACY
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ACT OF 1986
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100 STAT. 1848 PUBLIC LAW 99-508--OCT. 21, 1986
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PUBLIC LAW 99-508
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99th Congress
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An Act
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Oct. 21, 1986 To amend title 18, United States Code,
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with respect to the interception of
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certain communications, other forms of
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surveillance, and for other purposes.
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Electronic Be it enacted by the Senate and House of
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Representatives of the United States of
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America in Congress assembled,
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1986 SECTION 1.SHORT TITLE.
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18 USC 2510
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note. This Act may be cited as the"Electronic
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Communications Privacy Act of 1986".
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TITLE I--INTERCEPTION OF COMMUNICATIONS AND
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RELATED MATTERS
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SEC. 101. FEDERAL PENALTIES FOR THE
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INTERCEPTION OF COMMUNICATIONS.
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(a) DEFINITIONS--(1) Section 2510(1) of
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title 18, United States Code is amended--
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(A) by striking out "any communications"
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and inserting "any aural transfer" in lieu
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thereof:
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(B) by inserting "(including the use of
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such connection in a switching station)"
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after "reception".
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(C) by striking out "as a common
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carrier" and
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(D) by inserting before the semicolon at
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the end the following: "or communications
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affecting interstate or foreign commerce and
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such term includes any electronic storage of
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such communication, but such term does not
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include the radio portion of a cordless
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telephone communication that is transmitted
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between the cordless telephone handset and
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the base unit".
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(2)Section 2510(2) of title 18, United
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States Code, is amended by inserting before
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the semicolon at the end the following:
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",but such term does not include any
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electronic communication".
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(3)Section 2510(4) of title 18, United
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States Code, is amended---
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(A)by inserting "or other" after
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"aural";and
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(B)by inserting ",electronic," after
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"wire".
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(4)Section 2510(5) of title 18, United
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States Code, is amended in clause (a)(i) by
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inserting before the semicolon the
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following: "or furnished by such subscriber
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or user for connection to the facilities of
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such service and used in the ordinary
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course of its business".
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(5)Section 2510(8) of title 18, United
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States Code, is amended by striking out
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"identify of the parties to such
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communication or the existence,".
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(6)Section 2510 of title 18, United States
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Code, is amended---
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(A)by striking out "and" at the end of
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paragraph (10);
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(B)by striking out the period at the
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end of paragraph (11) and inserting
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a semicolon in lieu thereof; and
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(C)by adding at the end the following:
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"(12)'electronic communication' means
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any transfer of signs,signals,
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100 STAT. 1849 PUBLIC LAW 99-508---OCT. 21, 1986
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writing, images, sounds, data, or
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intelligence of any nature
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transmitted in whole or in part by
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a wire, radio, electromagnetic,
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photoelectronic or photooptical
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system that affects interstate or
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foreign commerce, but does not
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include---
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"(A)the radio portion of a
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cordless telephone communication that
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is transmitted between the cordless
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telephone handset and the base unit;
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"(B)any wire or oral
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communication;
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"(C)any communication made
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through a tone-only paging device;
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or
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"(D)any communication from a
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18 USC 3117. tracking device (as defined in
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section 3117 of this title);
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"(13) 'user' means any person or
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entity who---
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"(A)uses an electronic
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communication service;and
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"(B)is duly authorized by the
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provider of such service to engage in
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such use;
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"(14) 'electronic communications
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system' means any wire, radio,
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electromagnetic, photooptical or
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photoelectronic facilities for the
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transmission of electronic
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communications, and any computer
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facilities or related electronic
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equipment for the electronic storage
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of such communications;
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"(15) 'electronic communication
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service' means any service which
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provides to users thereof the
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ability to send or receive wire or
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electronic communications;
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"(16) 'readily accessible to the
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general public' means, with respect
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to a radio communication, that such
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communication is not---
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"(A)scrambled or encrypted;
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"(B)transmitted using modulation
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techniques whose essential parameters
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have been withheld from the public
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with the intention of preserving the
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privacy of such communication;
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"(C)carried on a subcarrier or
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other signal subsidiary to a radio
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transmission;
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"(D)transmitted over a
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communication system provided by a
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common carrier, unless the
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communication is a tone only paging
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system communication; or
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"(E)transmitted on frequencies
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allocated under part 25, subpart D,E,
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or F of part 74, or part 94 of the
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Rules of the Federal Communications
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Commission, unless, in the case of a
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communication transmitted on a
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frequency allocated under part 74
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that is not exclusively allocated to
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broadcast auxiliary services, the
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communication is a two-way voice
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communication by radio;
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"(17)'electronic storage' means---
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"(A) any temporary, intermediate
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storage of a wire or electronic
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communication incidental to the
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electronic transmission thereof; and
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"(B) any storage of such
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communication by an electronic
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communication service for purpose of
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backup protection of such
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communication; and
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"(18)'aural transfer' means a transfer
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containing the human voice at any
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point between and including the point
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of origin and the point of reception".
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(b)Exceptions With Respect to Electronic
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Communications.--
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(1) Section 2511(2)(a)(ii) of title 18,
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United States Code is amended--
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100 STAT. 1850 PUBLIC LAW 99-508--OCT 21,1986
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(A) by striking out "violation of
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this subparagraph by a communication
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common carrier or an officer,
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employee, or agent thereof" and
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inserting in lieu thereof "such
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disclosure";
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(B) by striking out "the carrier
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and inserting in lieu thereof "such
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person"; and
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(C) by striking out "an order or
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certification under this subparagraph"
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and inserting in lieu thereof "a court
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order or certification under this
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chapter".
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(2)Section 2511(2)(d) of title 18,
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United States Code, is amended by
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striking out "or for the purpose of
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committing any other injurious act".
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(3)Section 2511(2)(f) of title 18,
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United States Code, is amended--
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(A) by inserting "or chapter 121"
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after "this chapter"; and
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(B) by striking out "by" the second
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place it appears and inserting in lieu
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thereof ", or foreign intelligence
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activities conducted in accordance with
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otherwise applicable Federal law
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involving a foreign electronic
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communications system, utilizing".
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(4)Section 2511(2) of title 18, United
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States Code, is amended by adding at the
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end the following:
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"(g)it shall not be unlawful under this
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chapter or chapter 121 this title for
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Post p. 1860 any person---
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"(i)to intercept or access an
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electronic communication made through
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an electronic communication system
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that is configured so that such
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electronic communication is readily
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accessible to the general public;
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"(ii) to intercept any radio
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communication which is transmitted--
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"(I) by any station for the use
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of the general public, or that
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relates to ships, aircraft, vehicles,
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or persons in distress;
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"(II)by any governmental, law
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enforcement, civil defense, private
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land mobile, or public safety
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communications system, including
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police and fire, readily accessible
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to the general public;
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"(III) by a station operating on
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an authorized frequency within the
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bands allocated to the amateur,
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citizens band, or general mobile
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radio services; or
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"(IV) by any marine or
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aeronautical communications system;
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"(iii) to engage in any conduct
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which--
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"(I) is prohibited by section 633
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47 USC 553. of the Communications Act of 1934;or
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"(II) is excepted from the
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application of section 705(a) of the
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47 USC 605. 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
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electronic communication the
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transmission of which is causing
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harmful interference to any lawfully
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operating station or consumer
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electronic equipment, to the extent
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necessary to identify the source of
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such interference; or
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"(v) for other users of the same
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frequency to intercept any radio
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communication made through a system that
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utilizes frequencies monitored by
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individuals engaged in the provision or
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the use of such system,, if such
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communication is not scrambled or
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encrypted
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100 STAT. 1851 PUBLIC LAW 99-508--OCT. 21, 1986
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"(h)It shall not be unlawful under this
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chapter---
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"(i)to use a pen register or a trap
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and trace device (as those terms are
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Post,p.1868. defined for the purposes of chapter 206
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(relating to pen registers and trap and
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trace devices)of this title);or
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"(ii) for a provider of electronic
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communication service to record the
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fact that a wire or electronic
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communication was initiated or
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completed in order to protect such
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provider, another provider furnishing
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service toward the completion of the
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wire or electronic communication, or a
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user of that service, from fraudulent,
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unlawful or abusive use of such
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service.".
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(c)TECHNICAL AN CONFORMING
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AMENDMENTS.--(1)Chapter 119 of title 18,
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18 USC 2510 et United States Code is amended
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seq. (A)in each of sections
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2510(5),2510(8),2510(11), and 2511
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through 2519 (except sections 2515,
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2516(1) and 2518(10)),by striking out
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"wire or oral" each place it appears
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(including in any section heading) and
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inserting "wire, oral, or electronic" in
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lieu thereof; and
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(B)in section 2511(2)(b), by
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inserting "or electronic" after "wire".
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(2)The heading of chapter 119 of title
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18, United States Code, is amended by
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inserting "and electronic
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communications" after "wire".
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(3)The item relating to chapter 119 in
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the table of chapters at the beginning
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of part I of title 18 of the United
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States Code is amended by inserting "and
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electronic communications" after "Wire".
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(4)Section 2510(5)(a) of title 18,
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United States Code, is amended by
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striking out "communications common
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carrier" and inserting "provider of wire
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or electronic communication service" in
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lieu thereof.
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(5)Section 2511(2)(a)(i) of title 18,
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United States Code, is amended--
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(A)by striking out "any communication
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common carrier" and inserting "a
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provider of wire or electronic
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communication service" in lieu thereof;
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(B)by striking out "of the carrier of
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such communication" and inserting "of
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the provider of that service" in lieu
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thereof; and
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(C)by striking out ": Provided, That
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said communication common carriers",
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except that a provider of wire
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communication service to the public" in
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lieu thereof.
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(6)Section 2511(2)(a)(ii) of title 18,
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United States Code, is amended--
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(A)by striking out "communications
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common carriers" and inserting
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"providers of wire or electronic
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communication service" in lieu thereof;
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(B)by striking out "communication
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common carrier" each place it appears
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and inserting "provider of wire or
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electronic communication service" in
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lieu thereof; and
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(C)by striking out "if the common
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carrier" and inserting "if such
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provider" in lieu thereof.
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(7)Section 2512(2)(a) of title 18,
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United Code, is amended--
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(A)by striking out a communications
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common carrier" the first place it
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appears and inserting "a provider of
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wire or electronic communication
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service" in lieu thereof; and
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(B)by striking out "a communications
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common carrier" the second place it
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appears and inserting "such a provider"
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in lieu thereof; and
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100 STAT. 1852 PUBLIC LAW 99-508--OCT. 21, 1986
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(C)by striking out "communications
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common carrier's business" and
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inserting "business of providing that
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wire or electronic communication
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service" in lieu thereof.
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(8)Section 2518(4) of title 18, United
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States Code, is amended--
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(A)by striking out "communication
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common carrier" in both places it
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appears and inserting "provider of wire
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or electronic communications service"
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in lieu thereof; and
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(B)by striking out "carrier" and
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inserting in lieu thereof "service
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provider".
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(d) PENALTIES MODIFICATION.--(1) Section
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2511(1) of title 18, United States
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Code, is amended by striking out "shall
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be" and all that follows through "or
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both" and inserting in lieu thereof
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"shall be punished as provided in
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subsection (4) or shall be subject to
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suit as provided in subsection (5)".
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(2)Section 2511 of title 18, United
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States Code, is amended by adding after
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the material added by section 102 the
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following:
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"(4)(a)Except as provided in paragraph
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(b) of this subsection or in subsection
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(5), whoever violates subsection (1) of
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this section shall be fined under the
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title or imprisoned not more than five
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years, or both.
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"(b) If the offense is a first offense
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under paragraph (a) of this subsection
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and is not for a tortious or illegal
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purpose or for purposes of direct or
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indirect commercial advantage or
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private commercial gain, and the wire
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or electronic communication with
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respect to which the offense under
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paragraph (a) is a radio communication
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that is not scrambled or encrypted,
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then--
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(C)by striking out "an order or
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certification under this subparagraph"
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and inserting in lieu thereof "a court
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order or certification under this
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chapter".
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(2)Section 2511(2)(d) of title 18,
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United States Code, is amended by
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striking out "or for the purpose of
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committing any other injurious act".
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(3)Section 2511(2)(f) of title 18,
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United States Code, is amended--
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"(i) if the communication is not the
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radio portion of a cellular telephone
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communication, a public land mobile
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radio service communication or a
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paging service communication, and the
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conduct is not that described in
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subsection (5), the offender shall be
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fined under this title or imprisoned
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not more than one year. or both;and
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"(ii)if the communication is the
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radio portion of a cellular telephone
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communication, a public land mobile
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radio service communication or a
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paging service communication, the
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offender shall be fined not more than
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$500.
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"(c) Conduct otherwise an offense under
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this subsection that consists of or
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relates to the interception of a
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satellite transmission that is not
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encrypted or scrambled and that is
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transmitted
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"(i)to a broadcasting station for
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purposes of retransmission to the
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general public or
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"(ii)as an audio subcarrier intended
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for redistribution to facilities open
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to the public, but not including data
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transmissions or telephone calls,
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is not an offense under this
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subsection unless the conduct is for
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the purposes of direct or indirect
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commercial advantage or private
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financial gain.
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"(5)(a)(i) If the communication is--
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"(A) a private satellite video
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communication that is not scrambled or
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encrypted and the
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conduct in violation of this chapter
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is the private
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viewing of that communication and is
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not for a tortious
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or illegal purpose or for purposes of
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direct or indirect commercial
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advantage or private commercial gain;
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or,
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"(B)a radio communication that is
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transmitted on frequencies allocated
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under subpart D of part 74 of the
|
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rules of the Federal Communications
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Commission that is not scrambled or
|
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encrypted and the conduct in violation
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of this chapter is not for
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100 STAT. 1853 PUBLIC LAW 99-508--OCT.21,1986
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a tortious or illegal purpose or for
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purposes of direct or indirect
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commercial advantage or private
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commercial gain,
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then the person who engages in such
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conduct shall be subject to suit by the
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Federal Government in a court of
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competent jurisdiction.
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"(i)In an action under this
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subsection--
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"(A) if the violation of this
|
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chapter is a first offense for the
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person under paragraph (a) of
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subsection (4) and such person has not
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been found liable in a civil action
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under section 2520 of this title, the
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Infra. Federal Government shall be entitled to
|
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appropriate injunctive relief; and
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"(B) if the violation of this
|
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chapter is a second or subsequent
|
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offense under paragraph (a) of
|
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subsection (4) or such person has been
|
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found liable in any prior civil action
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under section 2520, the person shall be
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subject to a mandatory $500 civil fine.
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"(b) The court may use any means
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within its authority to enforce an
|
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injunction issued under paragraph
|
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(i)(A), and shall impose a civil fine
|
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of not less than $500 for each
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violation of such an injunction.".
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(e) EXCLUSIVITY OF REMEDIES WITH
|
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RESPECT TO ELECTRONIC
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COMMUNICATIONS--Section 2518(10) of
|
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title 18, United States Code, is
|
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amended by adding at the end the
|
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following:
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(c)The remedies and sanctions
|
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described in this chapter with respect
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to the interception of electronic
|
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communications are the only judicial
|
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remedies and sanctions for
|
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nonconstitutional violations of this
|
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chapter involving such communications".
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(f)STATE OF MIND.--Paragraphs
|
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(a),(b),(c), and (d) of subsection (1)
|
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of section 2511 of title 18, United
|
|
States Code, are amended by striking
|
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out "willfully" and inserting in lieu
|
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thereof"intentionally".
|
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(2)Subsection (1) of section 2512 of
|
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title 18, United States Code, is
|
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amended in the matter before paragraph
|
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(a) by striking out "willfully" and
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inserting in lieu thereof
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"intentionally".
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SEC. 102. REQUIREMENTS FOR CERTAIN DISCLOSURES.
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Section 2511 of title 18, United
|
|
States Code, is amended by adding at
|
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the end of the following:
|
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"(3)(a) Except as provided in
|
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paragraph (b) of this subsection, a
|
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person or entity providing an
|
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electronic communication service to
|
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the public shall not intentionally
|
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divulge the contents of any
|
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communication (other than one to such
|
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person or entity, or an agent thereof)
|
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while in transmission on that service
|
|
to any person or entity other than an
|
|
addressee or intended recipient of
|
|
such communication or an agent of such
|
|
addressee or intended recipient.
|
|
"(b) A person or entity providing
|
|
electronic communication service to
|
|
the public may divulge the contents of
|
|
any such communication--
|
|
"(i) as otherwise authorized in
|
|
section 2511(2)(a) or 2517 of this
|
|
title;
|
|
"(ii)with the lawful consent of
|
|
the originator or any addressee or
|
|
intended recipient of such
|
|
communication;
|
|
"(iii) to a person employed or
|
|
authorized, or whose facilities are
|
|
used, to forward such communications
|
|
to its destination; or
|
|
"(iv) which were inadvertently
|
|
obtained by the service provider and
|
|
which appear to pertain to the
|
|
commission of a crime, if such
|
|
divulgence is made to a law
|
|
enforcement agency.".
|
|
|
|
SEC. 103 RECOVERY OF CIVIL DAMAGES.
|
|
|
|
Section 2520 of title 18, United States Code, is amended
|
|
to read as follows:
|
|
|
|
|
|
|
|
100 stat. 1854 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
|
|
"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 be 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 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 advantages 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 $1000.
|
|
"(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".
|
|
|
|
|
|
|
|
100 STAT 1855 PUBLIC LAW 99-508 OCT.21, 1986
|
|
|
|
|
|
SEC. 104. CERTAIN APPROVALS BY JUSTICE DEPARTMENT
|
|
OFFICIALS.
|
|
|
|
Section 2516(1) of title 18 of the
|
|
United States Code is amended by
|
|
striking out "or any Assistant Attorney
|
|
General" and inserting in lieu thereof
|
|
"any Assistant Attorney General, any
|
|
acting Assistant Attorney General, or
|
|
any Deputy Assistant Attorney General
|
|
in the Criminal Division".
|
|
|
|
SEC. 105. ADDITION OF OFFENSES TO CRIMES FOR WHICH
|
|
INTERCEPTION IS AUTHORIZED.
|
|
|
|
(a) WIRE AND ORAL
|
|
INTERCEPTIONS,--Section 2516(1) of title 18 of the United
|
|
States Code is amended--
|
|
(1)in paragraph (c)---
|
|
(A) by inserting "section 751
|
|
(relating to escape)," after "wagering
|
|
information),";
|
|
(B) by striking out "2314" and
|
|
inserting "2312,2313,2314," in lieu
|
|
thereof;
|
|
Motor vehicles. (C) by inserting "the second
|
|
Aircraft and section 2320 (relating to trafficking in
|
|
air carriers. 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)," after
|
|
"stolen property),";
|
|
(D) by inserting "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). after "1952 (interstate and
|
|
foreign travel or transportation in aid
|
|
of racketeering enterprises),";
|
|
Energy. (E) by inserting ",section 115
|
|
Mail. (relating to threatening or retaliating
|
|
Fraud. against a Federal official), the section
|
|
in chapter 65 relating to destruction of
|
|
an energy facility, and section 1341
|
|
(relating to mail fraud)," after
|
|
"section 1963 (violations with respect
|
|
to racketeer influenced and corrupt
|
|
organizations)"; and
|
|
(F) by--
|
|
Hazardous (i) striking out "or" before
|
|
materials. "section 351" and inserting in lieu
|
|
Motor vehicles. thereof a comma; and
|
|
(ii) inserting before the
|
|
semicolon at the end thereof the
|
|
following: ", 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)";
|
|
(2)by striking out "or" at the end of
|
|
paragraph (g);
|
|
(3)by inserting after paragraph (g) the
|
|
following:
|
|
"(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;
|
|
Natural gas. "(i) any violation of section
|
|
1679a(c)(2) (relating to destruction of
|
|
a natural gas pipeline) or subsection
|
|
Aircraft and air (i) or (n) of section 1472 (relating to
|
|
carriers. aircraft privacy) of title 49, of the
|
|
United States Code;
|
|
"(j) any criminal violation of
|
|
22 USC 2751 section 2778 of title 22 (relating to
|
|
note. the Arms Export Control Act); or ";
|
|
"(k) the location of any fugitive
|
|
from justice from an offense described
|
|
in this section;
|
|
|
|
|
|
|
|
100 STAT. 1856 PUBLIC LAW 99-508--OCT 21, 1986
|
|
|
|
|
|
(4)by redesignating paragraph (h)
|
|
as paragraph (1); and
|
|
(5)in paragraph (a) by--
|
|
Hazardous (A) inserting after "Atomic
|
|
materials Energy Act of 1954)," the following:
|
|
"section 2284 of title 42 of the United
|
|
States Code (relating to sabotage of
|
|
nuclear facilities or fuel),";
|
|
(B) striking out "or" after
|
|
"relating to treason),"; and
|
|
18 USC 1361 et (C) inserting before the
|
|
seq. semicolon at the end thereof the
|
|
18 USC 2271 et following chapter 65 (relating to
|
|
seq. malicious mischief), chapter 111
|
|
(relating to destruction of vessels), or
|
|
chapter 81 (relating to piracy)".
|
|
Vessels. (b)INTERCEPTION OF ELECTRONIC
|
|
18 USC 1651 et COMMUNICATIONS.--Section 2516 of title
|
|
seq. 18 of the United States Code is amended
|
|
by adding at the end the following:
|
|
"(3)Any attorney for the Government (as
|
|
18 USC app. such term is defined for the purpose of
|
|
the Federal Rules of Criminal Procedure)
|
|
may authorize an application to a
|
|
Federal judge of competent jurisdiction
|
|
for, and such judge may grant, in
|
|
conformity with section 2518 of this
|
|
title, an order authorizing or approving
|
|
the interception of electronic
|
|
communications by an investigative or
|
|
law enforcement officer 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 any
|
|
Federal felony.".
|
|
|
|
SEC. 106. APPLICATIONS, ORDERS, AND IMPLEMENTATION OF
|
|
ORDERS.
|
|
(a) PLACE OF AUTHORIZED INTERCEPTION.--
|
|
Section 2518(3) of title 18 of the
|
|
United States Code is amended by
|
|
inserting "(and outside that jurisdiction
|
|
but within the United States in the case
|
|
of a mobile interception device
|
|
authorized by a Federal court within
|
|
such jurisdiction)" after "within the
|
|
territorial jurisdiction of the court in
|
|
which the judge is sitting".
|
|
(b)REIMBURSEMENT FOR ASSISTANCE--Section
|
|
2518(4) of title 18 of the United States
|
|
Code is amended by striking out "at the
|
|
prevailing rates" and inserting in lieu
|
|
thereof "for reasonable expenses
|
|
incurred in providing such facilities or
|
|
assistance".
|
|
(c)COMMENCEMENT OF THIRTY-DAY PERIOD AND
|
|
POSTPONEMENT OF MINIMIZATION.--Section
|
|
2518(5) of title 18 of the United States
|
|
Code is amended--
|
|
(1)by inserting after the first
|
|
sentence the following: "Such thirty-day
|
|
period begins on the earlier of the day
|
|
on which the investigative or law
|
|
enforcement officer first begins to
|
|
conduct an interception under the order
|
|
or ten days after the order is
|
|
entered.";and
|
|
(2)by adding at the end the
|
|
following: "In the event the intercepted
|
|
communication is in a code or foreign
|
|
language, and an expert in that foreign
|
|
language or code is not reasonably
|
|
available during the interception
|
|
period, minimization may be accomplished
|
|
as soon as practicable after such
|
|
interception. An interception under
|
|
this chapter may be conducted in whole
|
|
or in part by Government personnel, or
|
|
by an individual operating under a
|
|
contract with the Government, acting
|
|
under the supervision of an
|
|
investigative or law enforcement officer
|
|
authorized to conduct the
|
|
interception.".
|
|
(d)ALTERNATIVE TO DESIGNATING SPECIFIC
|
|
FACILITIES FROM WHICH COMMUNICATIONS ARE
|
|
TO BE INTERCEPTED.--(1) Section
|
|
2518(1)(b)(ii) of title 18 of the United
|
|
States Code is amended by inserting
|
|
"except as provided in subsection (11),"
|
|
before a "a particular description".
|
|
|
|
|
|
|
|
100 STAT. 1857 PUBLIC LAW 99-508--OCT.21, 1986
|
|
|
|
(2) Section 2518(3)(d) of title 18 of
|
|
the United States Code is amended by
|
|
inserting "except as provided in
|
|
subsection (11)," before "there is".
|
|
(3) Section 2518 of title 18 of the
|
|
United States Code is amended by adding
|
|
at the end the following:
|
|
"(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 Deputy Attorney
|
|
General, the Associate Attorney
|
|
General, an Assistant Attorney General,
|
|
or an acting Assistant Attorney
|
|
General;
|
|
"(ii) the application contains a
|
|
full and complete statement as to why
|
|
such specification is not practical and
|
|
identifies the person committing the
|
|
offense and whose communications are to
|
|
be intercepted;and
|
|
"(iii) the judge finds that such
|
|
specification is not practical; and
|
|
"(b) in the case of an application with
|
|
respect to a wire or electronic
|
|
communication--
|
|
"(i) the application is by a
|
|
Federal investigative or law enforcement
|
|
officer and is approved by the Attorney
|
|
General, the Deputy Attorney General,
|
|
the Associate Attorney General, an
|
|
Assistant Attorney General, or an acting
|
|
Assistant Attorney General;
|
|
"(ii) the application identifies
|
|
the person believed to be committing the
|
|
offense and whose communications are to
|
|
be intercepted and the applicant makes a
|
|
showing of a purpose, on the part of
|
|
that person, to thwart interception by
|
|
changing facilities;and
|
|
"(iii) 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.".
|
|
(4)Section 2519(1)(b) of title 18,
|
|
United States Code, is amended by
|
|
inserting "(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)" after "applied
|
|
for",
|
|
|
|
|
|
|
|
100 STAT. 1858 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
|
|
SEC. 107. INTELLIGENCE ACTIVITIES.
|
|
|
|
18 USC 2510 (a) IN GENERAL.--Nothing in this act or
|
|
note. the amendments made by this Act
|
|
constitutes authority for the conduct of
|
|
any intelligence activity.
|
|
(b) CERTAIN ACTIVITIES UNDER PROCEDURES
|
|
APPROVED BY THE ATTORNEY
|
|
GENERAL.--Nothing in chapter 119 or
|
|
18 USC 2510 et chapter 121 of title 18, United States
|
|
seq.; Code, shall effect the conduct, by
|
|
post,p. 1860. officers or employees of the United
|
|
States Government in accordance with
|
|
other applicable Federal law, under
|
|
procedures approved by the Attorney
|
|
General of activities intended to--
|
|
(1) intercept encrypted or other
|
|
official communications of United States
|
|
executive branch entitles or United
|
|
States Government contractors for
|
|
communications security purposes;
|
|
(2) intercept radio communications
|
|
transmitted between or among foreign
|
|
powers or agents of a foreign power as
|
|
50 USC 1801 defined by the Foreign Intelligence
|
|
note. Surveillance Act of 1978; or
|
|
(3) access an electronic communications
|
|
system used exclusively by a foreign
|
|
power or agent of a foreign power as
|
|
defined by the Foreign Intelligence
|
|
Surveillance Act of 1978.
|
|
|
|
Sec. 108. MOBILE TRACKING DEVICES.
|
|
|
|
(a) IN GENERAL.--Chapter 205 of title
|
|
18, United States Code, is amended by
|
|
adding at the end the following:
|
|
|
|
18 USC 3117. "3117. Mobile tracking devices
|
|
|
|
"(a) IN GENERAL.--If a court is
|
|
empowered to issue a warrant or other
|
|
order for the installation of a mobile
|
|
tracking device, such order may
|
|
authorize the use of that device within
|
|
the jurisdiction of the court, and
|
|
outside that jurisdiction if the device
|
|
is installed in that jurisdiction..
|
|
"(b) DEFINITION.--As used in this
|
|
section, the term "tracking device
|
|
means an electronic or mechanical
|
|
device which permits the tracking of
|
|
the movement of a person or object.".
|
|
(b)CLERICAL AMENDMENT.--The table of
|
|
contents at the beginning of chapter
|
|
205 of title 18, United States Code,
|
|
is amended by adding at the end of the
|
|
following:
|
|
|
|
"3117. Mobile tracking devices.".
|
|
|
|
SEC.109. WARNING SUBJECT OF SURVEILLANCE.
|
|
|
|
Section 2232 of title 18, United States
|
|
Code, is amended--
|
|
(1)by inserting "(a) PHYSICAL
|
|
INTERFERENCE WITH SEARCH.--"
|
|
before "Whoever" the first place it
|
|
appears;
|
|
(2)by inserting "(b) NOTICE OF
|
|
SEARCH.--" before "Whoever" the second
|
|
place it appears; and
|
|
(3)by adding at the end the following:
|
|
Law (c) NOTICE OF CERTAIN ELECTRONIC
|
|
enforcement SURVEILLANCE.--Whoever, having
|
|
and crime. knowledge that a Federal investigative
|
|
18 USC 2510 et or law enforcement officer has been
|
|
seq.; authorized or has applied for
|
|
post,p. 1859. authorization under chapter 119 to
|
|
intercept a wire, oral, or electronic
|
|
communication, in order to obstruct,
|
|
impede, or prevent such interception,
|
|
gives notice or attempts to give notice
|
|
of the possible interception to any
|
|
person shall be fined under this title
|
|
or imprisoned not more than five years,
|
|
or both.
|
|
"Whoever, having knowledge that a
|
|
Federal officer has been authorized or
|
|
has applied for authorization to
|
|
conduct electronic surveillance under
|
|
the Foreign Intelligence Surveillance
|
|
Act (50)
|
|
|
|
|
|
|
|
100 STAT. 1859 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
|
|
U.S.C. 1801, et seq.), in order to
|
|
obstruct, impede, or prevent such
|
|
activity, gives notice or attempts to
|
|
give notice of the possible activity to
|
|
any person shall be fined under this
|
|
title or imprisoned not more than five
|
|
years, or both.".
|
|
|
|
SEC. 110. INJUNCTIVE REMEDY.
|
|
|
|
(a) IN GENERAL.--Chapter 119 of title
|
|
18, United States Code, is amended by
|
|
adding at the end the following:
|
|
|
|
18 USC 2521. "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
|
|
28 USC app. Procedure, except that, if an
|
|
indictment has been returned against
|
|
the respondent, discovery is governed
|
|
by the Federal Rules of Criminal
|
|
18 USC app. Procedure.".
|
|
(b)CLERICAL AMENDMENT.--The table of
|
|
sections at the beginning of chapter
|
|
119 of title 18, United States Code, is
|
|
amended by adding at the end thereof
|
|
the following:
|
|
|
|
"2521.Injunction against illegal
|
|
interception.".
|
|
|
|
18 USC 2510 SEC. 111.EFFECTIVE DATE.
|
|
note.
|
|
(a) IN GENERAL.--Except as provided in
|
|
subsection (b) or (c), this title and
|
|
the amendments made by this title shall
|
|
take effect 90 days after the date of
|
|
the enactment of this Act and shall, in
|
|
the case of conduct pursuant to a court
|
|
order or extension, apply only with
|
|
respect to court orders or extensions
|
|
made after this title takes effect.
|
|
(b)SPECIAL RULE FOR STATE
|
|
AUTHORIZATIONS OF INTERCEPTIONS.--
|
|
Any interception pursuant to section
|
|
2516(2) of title 18 of the United
|
|
States Code which would be valid and
|
|
lawful without regard to the amendments
|
|
made by this title shall be valid and
|
|
lawful notwithstanding such amendments
|
|
if such interception occurs during the
|
|
period beginning on the date such
|
|
amendments take effect and ending on
|
|
the earlier of--
|
|
(1)the day before the date of the
|
|
taking effect of State law conforming
|
|
the applicable State statue with
|
|
chapter 119 of title 18, United States
|
|
18 USC 2510 et Code, as so amended; or
|
|
seq. (2)the date two years after the
|
|
date of the enactment of this Act.
|
|
(c)EFFECTIVE DATE FOR CERTAIN APPROVALS
|
|
BY JUSTICE DEPARTMENT
|
|
OFFICIALS.--Section 104 of this Act
|
|
shall take effect on the date of
|
|
enactment of this Act.
|
|
|
|
|
|
100 STAT. 1860 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
|
|
TITLE II--STORED WIRE AND ELECTRONIC COMMUNICATIONS
|
|
TRANSACTIONAL RECORDS ACCESS
|
|
|
|
Sec.201. TITLE 18 AMENDMENT.
|
|
Title 18, United States Code,is
|
|
amended by inserting after chapter 119
|
|
the following:
|
|
|
|
"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.
|
|
|
|
18 USC 2701. "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 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 use 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.
|
|
|
|
18 USC 2702. "2702. Disclosure of contents
|
|
"(a) PROHIBITIONS.--Except as provided
|
|
in subsection(b)--
|
|
|
|
|
|
|
|
100 STAT. 1861 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
"(1)a person or entity providing an
|
|
electronic communication service to the
|
|
public shall not knowingly divulge to
|
|
any person or entity the contents of a
|
|
communication while in electronic
|
|
storage by that service; and
|
|
"(2)a person or entity providing remote
|
|
computing service to the public shall
|
|
not knowingly divulge to any person or
|
|
entity the contents of any
|
|
communication which is carried or
|
|
maintained on that service--
|
|
"(A) on behalf of, and received by
|
|
means of electronic transmission from
|
|
(or created by means of computer
|
|
processing of communications received
|
|
by means of electronic transmission
|
|
from), a subscriber or customer of such
|
|
service;and
|
|
"(B) solely for the purpose of
|
|
providing storage or computer
|
|
processing services to such subscriber
|
|
or customer, if the provider is not
|
|
authorized to access the contents of
|
|
any such communications for purposes of
|
|
providing any services other than
|
|
storage or computer processing.
|
|
"(b) EXCEPTIONS.--A person or entity
|
|
may divulge the contents of a
|
|
communication--
|
|
"(1) to an addressee or intended
|
|
recipient of such communication or an
|
|
agent of such addressee or intended
|
|
recipient;
|
|
"(2)as otherwise authorized in section
|
|
2516, 2511(2)(a), or 2703 of this
|
|
title;
|
|
"(3)with the lawful consent of the
|
|
originator or an addressee or intended
|
|
recipient of such communication, or the
|
|
subscriber in the case of remote
|
|
computing service;
|
|
"(4)to a person employed or authorized
|
|
or whose facilities are used to forward
|
|
such communication to its destination;
|
|
"(5)as may be necessarily incident to
|
|
the rendition of the service or to the
|
|
protection of the right or property of
|
|
the provider of that service; or
|
|
"(6)to a law enforcement agency, if
|
|
such contents--
|
|
"(A)were inadvertently obtained by
|
|
the service provider; and
|
|
"(B) appear to pertain to the
|
|
commission of a crime.
|
|
|
|
State and local "2703. Requirements for governmental
|
|
governments. access
|
|
18 USC 2703. "(a) CONTENTS OF ELECTRONIC
|
|
COMMUNICATIONS IN ELECTRONIC
|
|
STORAGE.--A governmental entity may
|
|
require the disclosure by a provider of
|
|
electronic communication service of the
|
|
contents of an electronic
|
|
communication, that is in electronic
|
|
storage in an electronic communications
|
|
system for one hundred and eighty days
|
|
or less, only pursuant to a warrant
|
|
issued under the Federal Rules of
|
|
Criminal Procedure or equivalent State
|
|
18 USC app. warrant. A governmental entity may
|
|
require the disclosure by a provider of
|
|
electronic communications services of
|
|
the contents of an electronic
|
|
communication that has been in
|
|
electronic storage in an electronic
|
|
communications system for more than one
|
|
hundred and eighty days by the means
|
|
available under subsection (b) of this
|
|
section.
|
|
"(b) CONTENTS OF ELECTRONIC
|
|
COMMUNICATIONS IN A REMOTE COMPUTING
|
|
SERVICE.--(1) A governmental entity may
|
|
require a provider of remote computing
|
|
service to disclose the contents of any
|
|
electronic communication to which this
|
|
paragraph is made applicable by
|
|
paragraph (2) of this subsection--
|
|
"(A) without required notice to
|
|
the subscriber or customer, if the
|
|
governmental entity obtains a warrant
|
|
issued under the
|
|
|
|
|
|
|
|
100 STAT. 1862 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
18 USC app. Federal Rules of Criminal Procedure or
|
|
equivalent State warrant; or
|
|
"(B) with prior notice from the
|
|
governmental entity to the subscriber or
|
|
customer if the governmental entity--
|
|
"(i) uses an administrative
|
|
subpoena authorized by a Federal or
|
|
State statute or a Federal or State
|
|
grand jury subpoena; or
|
|
Post,p. 1864. "(ii) obtains a court order for
|
|
such disclosure under subsection (d) of
|
|
this section;
|
|
except that delayed notice may be given
|
|
pursuant to section 2705 of this title.
|
|
"(2) Paragraph (1) is applicable with
|
|
respect to any electronic communications
|
|
that is held or maintained on that
|
|
service--
|
|
"(A) on behalf of, and received by
|
|
means of electronic transmission from
|
|
(or created by means of computer
|
|
processing of communications received by
|
|
means of electronic transmission from),
|
|
a subscriber or customer of such remote
|
|
computing service; and
|
|
"(B) solely for the purpose of
|
|
providing storage or computer processing
|
|
services to such subscriber or customer,
|
|
if the provider is not authorized to
|
|
access the contents of any such
|
|
communications for purposes of providing
|
|
any services other than storage or
|
|
computer processing.
|
|
"(c) RECORDS CONCERNING ELECTRONIC
|
|
COMMUNICATION SERVICE OR REMOTE
|
|
COMPUTING SERVICE.--(1)(A) Except as
|
|
provided in subparagraph (B), a provider
|
|
of electronic communication service or
|
|
remote computing service may disclose a
|
|
record or other information pertaining
|
|
to a subscriber to or customer of such
|
|
service (not including the contents of
|
|
communications covered by subsection (a)
|
|
or (b) of this section) to any person
|
|
other than a governmental entity.
|
|
"(B) a provider of electronic
|
|
communication service or remote
|
|
computing service shall disclose a
|
|
record or other information pertaining
|
|
to a subscriber to or customer of such
|
|
service (not including the contents of
|
|
communications covered by subsection (a)
|
|
or (b) of this section) to a
|
|
governmental entity only when the
|
|
governmental entity--
|
|
"(i) uses an administrative
|
|
subpoena authorized by a Federal or
|
|
State statute, or a Federal or State
|
|
grand jury subpoena;
|
|
"(ii)obtains a warrant issued
|
|
under the Federal Rules of Criminal
|
|
Procedure or equivalent State warrant;
|
|
"(iii)obtains a court order for
|
|
such disclosure under subsection (d) of
|
|
this section; or
|
|
"(iv) has the consent of the
|
|
subscriber or customer to such
|
|
disclosure.
|
|
(2)A governmental entity receiving
|
|
records or information under this
|
|
subsection is not required to provide
|
|
notice to a subscriber or customer.
|
|
Records. "(d) REQUIREMENTS FOR COURT ORDER.--A
|
|
court order for disclosure under
|
|
subsection (b) or (c) of this section
|
|
shall issue only if the governmental
|
|
entity shows that there is reason to
|
|
believe the contents of a wire or
|
|
electronic communication, or the records
|
|
or other information sought, are
|
|
relevant to a legitimate law enforcement
|
|
inquiry. In the case of a State
|
|
governmental authority, such a court
|
|
order shall not issue if prohibited by
|
|
the law of such State. A court issuing
|
|
an order pursuant to this section, on a
|
|
motion made promptly by the service
|
|
provider, may quash or modify such
|
|
order, if
|
|
|
|
|
|
100 STAT. 1863 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
the information or records requested are
|
|
unusually voluminous in nature or
|
|
compliance with such order otherwise
|
|
would cause an undue burden on such
|
|
provider.
|
|
"(e) NO CAUSE OF ACTION AGAINST A
|
|
PROVIDER DISCLOSING INFORMATION UNDER
|
|
THIS CHAPTER.--No cause of action shall
|
|
lie in any court against any provider of
|
|
wire or electronic communication
|
|
service, its officers, employees,
|
|
agents, or other specified persons for
|
|
providing information, facilities, or
|
|
assistance in accordance with the terms
|
|
of a court order, warrant, subpoena, or
|
|
certification under this chapter.
|
|
|
|
18 USC 2704. "2704. Backup preservation
|
|
|
|
"(a) BACKUP PRESERVATION.--(1) A
|
|
governmental entity acting under section
|
|
2703(b)(2) may include in its subpoena
|
|
or court order a requirement that the
|
|
service provider to whom the request is
|
|
directed create a backup copy of the
|
|
contents of the electronic
|
|
communications sought in order to
|
|
preserve those communications. Without
|
|
notifying the subscriber or customer of
|
|
such subpoena or court order, such
|
|
service provider shall create such
|
|
backup copy as soon as practicable
|
|
consistent with its regular business
|
|
practices and shall confirm to the
|
|
governmental entity that such backup
|
|
copy has been made. Such backup copy
|
|
shall be created within two business
|
|
days after receipt by the service
|
|
provider of the subpoena or court order.
|
|
"(2) Notice to the subscriber or
|
|
customer shall be made by the
|
|
governmental entity within three days
|
|
after receipt of such confirmation,
|
|
unless such notice is delayed pursuant
|
|
to section 2705(a).
|
|
"(3) The service provider shall not
|
|
destroy such backup copy until the later
|
|
of--
|
|
"(A) the delivery of the
|
|
information; or
|
|
"(B) the resolution of any
|
|
proceedings (including appeals of any
|
|
proceeding) concerning the government's
|
|
subpoena or court order.
|
|
"(4) The service provider shall release
|
|
such backup copy to the requesting
|
|
governmental entity no sooner than
|
|
fourteen days after the governmental
|
|
entity's notice to the subscriber or
|
|
customer if such service provider--
|
|
"(A) has not received notice from
|
|
the subscriber or customer that the
|
|
subscriber or customer has challenged
|
|
the governmental entity's request; and
|
|
"(B)has not initiated proceedings
|
|
to challenge the request of the
|
|
governmental entity.
|
|
"(5) A governmental entity may seek to
|
|
require the creation of a backup copy
|
|
under subsection (a)(1) of this section
|
|
if in its sole discretion such entity
|
|
determines that there is reason to
|
|
believe that notification under section
|
|
2703 of this title of the existence of
|
|
the subpoena or court order may result
|
|
in destruction of or tampering with
|
|
evidence. This determination is not
|
|
subject to challenge by the subscriber
|
|
or customer or service provider.
|
|
"(b) CUSTOMER CHALLENGES.--(1) Within
|
|
days after notice by the governmental
|
|
entity to the subscriber or customer
|
|
under subsection (a)(2) of this
|
|
section, such subscriber or customer may
|
|
file a motion to quash such subpoena or
|
|
vacate such court order, with copies
|
|
served upon the governmental entity and
|
|
with written notice of such challenge to
|
|
the service provider. A motion to
|
|
vacate a court order shall be filed in
|
|
the court which issued such order. A
|
|
motion to quash a subpoena shall be
|
|
filed in the appropriate United States
|
|
|
|
|
|
|
|
100 STAT. 1864 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
district court or State court. Such
|
|
motion or application shall contain an
|
|
affidavit or sworn statement--
|
|
"(A) stating that the applicant is
|
|
a customer or subscriber to the service
|
|
from which the contents of electronic
|
|
communications maintained for him have
|
|
been sought; and
|
|
"(B) stating the applicant's
|
|
reasons for believing that the records
|
|
sought are not relevant to a legitimate
|
|
law enforcement inquiry or that there
|
|
has not been substantial compliance with
|
|
the provisions of this chapter in some
|
|
other respect.
|
|
"(2)Service shall be made under this
|
|
section upon a governmental entity by
|
|
delivering or mailing by registered or
|
|
certified mail a copy of the papers to
|
|
the person, office, or department
|
|
specified in the notice which the
|
|
customer has received pursuant to this
|
|
chapter. For the purposes of this
|
|
section, the term 'delivery' has the
|
|
28 USC app. meaning given that term in the federal
|
|
rules of Civil Procedure.
|
|
"(3) If the court finds that the
|
|
customer has complied with paragraphs
|
|
(1) and (2) of this subsection, the
|
|
court shall order the governmental
|
|
entity to file a sworn response; which
|
|
may be filed in camera if the
|
|
governmental entity includes in its
|
|
response the reasons which make in
|
|
camera review appropriate. If the court
|
|
is unable to determine the motion or
|
|
application on the basis of the parties'
|
|
initial allegations and response, the
|
|
court may conduct such additional
|
|
proceedings as it deems appropriate.
|
|
All such proceedings shall be completed
|
|
and the motion or application decided as
|
|
soon as practicable after the filing of
|
|
the governmental entity's response.
|
|
"(4) If the court finds that the
|
|
applicant is not the subscriber or
|
|
customer for whom the communications
|
|
sought by the governmental entity are
|
|
maintained, or that there is a reason to
|
|
believe that the law enforcement inquiry
|
|
is legitimate and that the
|
|
communications sought are relevant to
|
|
that inquiry, it shall deny the motion
|
|
or application and order such process
|
|
enforced. If the court finds that the
|
|
applicant is the subscriber or customer
|
|
for whom the communications sought by
|
|
the governmental entity are maintained,
|
|
and that there is not a reason to
|
|
believe that the communications sought
|
|
are relevant to a legitimate law
|
|
enforcement inquiry, or that there has
|
|
not been substantial compliance with the
|
|
provisions of this chapter, it shall
|
|
order the process quashed.
|
|
"(5) A court order denying a motion or
|
|
application under this section shall not
|
|
be deemed a final order and no
|
|
interlocutory appeal may be taken
|
|
therefrom by the customer.
|
|
18 USC 2705. "2705. Delayed notice
|
|
"(a) DELAY OF NOTIFICATION.--(1) A
|
|
governmental entity acting under section
|
|
2703(b) of this title may--
|
|
"(A) where a court order is sought,
|
|
include in the application a request,
|
|
which the court shall grant, for an
|
|
order delaying the notification required
|
|
under section 2703(b) of this title for
|
|
a period not to exceed ninety days, if
|
|
the court determines that there is
|
|
reason to believe that notification of
|
|
the existence of the court order may
|
|
have an adverse result described in
|
|
paragraph
|
|
"(2)of this subsection; or
|
|
State and local "(B) where an administrative
|
|
governments. subpoena authorized by a Federal or
|
|
State statute or a Federal or State
|
|
grand jury subpoena is obtained, delay
|
|
the notification required under section
|
|
2703(b) of this title for a period not
|
|
to exceed ninety days upon the execution
|
|
of a written certification of a
|
|
supervisory official that there is
|
|
reason to believe that notification of
|
|
the existence of the
|
|
|
|
|
|
|
|
100 STAT. 1865 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
subpoena may have an adverse result
|
|
described in paragraph (2) of this
|
|
subsection.
|
|
"(2) An adverse result for the purposes
|
|
of paragraph (1) of this subsection
|
|
is--
|
|
"(A) endangering the life or
|
|
physical safety of an individual;
|
|
"(B) flight from prosecution;
|
|
"(C) destruction of or tampering
|
|
with evidence;
|
|
"(D) intimidation of potential
|
|
witnesses; or
|
|
"(E) otherwise seriously
|
|
jeopardizing an investigation or
|
|
unduly delaying a trial.
|
|
"(3)The governmental entity shall
|
|
maintain a true copy of
|
|
certification under paragraph (1)(B).
|
|
"(4) Extensions of the delay of
|
|
notification provided in section 2703
|
|
of up to ninety days each may be
|
|
granted by the court upon
|
|
application,or by certification by a
|
|
governmental entity, but only in
|
|
accordance with subsection (b) of this
|
|
section.
|
|
"(5) Upon expiration of the period of
|
|
delay of notification under paragraph
|
|
(1) or (4) of this subsection, the
|
|
governmental entity shall serve upon,
|
|
or deliver by registered or first-class
|
|
mail to, the customer or subscriber a
|
|
copy of the process or request together
|
|
with notice that--
|
|
"(A) states with reasonable
|
|
specificity the nature of the law
|
|
enforcement inquiry; and
|
|
"(B) informs such customer or
|
|
subscriber--
|
|
"(i) that information maintained
|
|
for such customer or subscriber by the
|
|
service provider named in such process
|
|
or request was supplied to or requested
|
|
by that governmental authority and the
|
|
date on which the supplying or request
|
|
took place;
|
|
"(ii) that notification of such
|
|
customer or subscriber was delayed;
|
|
"(iii) what governmental entity
|
|
or court made the certification or
|
|
determination pursuant to which that
|
|
delay was made; and
|
|
"(iv) which provision of this
|
|
chapter allowed such delay;
|
|
"(6) As used in this subsection, the
|
|
term 'supervisory official means the
|
|
investigative agent in charge or
|
|
assistant investigative agent in charge
|
|
or an equivalent of an investigating
|
|
agency's headquarters or regional
|
|
office, or the chief prosecuting
|
|
attorney or the first assistant
|
|
prosecuting attorney or an equivalent of
|
|
a prosecuting attorney's headquarters or
|
|
regional office.
|
|
"(b) PRECLUSION OF NOTICE TO SUBJECT OF
|
|
GOVERNMENTAL ACCESS.--A governmental
|
|
entity acting under section 2703 when it
|
|
is not required to notify the subscriber
|
|
or customer under section 2703(b)(1), or
|
|
to the extent that it may delay such
|
|
notice pursuant to commanding a provider
|
|
of electronic communications service or
|
|
remote computing service to whom a
|
|
warrant subpoena, or court to notify any
|
|
other person of the existence of the
|
|
warrant subpoena, that there is reason
|
|
to believe that notification of the
|
|
existence of the warrant, subpoena, or
|
|
court order will result in--
|
|
"(1) endangering the life or
|
|
physical safety of an individual;
|
|
"(2) flight from prosecution;
|
|
"(3) destruction of or tampering with
|
|
evidence;
|
|
|
|
|
|
|
|
100 STAT. 1866 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
"(4) intimidation of potential
|
|
witnesses; or
|
|
"(5) otherwise seriously
|
|
jeopardizing an investigation or unduly
|
|
delaying a trial.
|
|
|
|
18 USC 2706. "2706. Cost reimbursement
|
|
|
|
"(a) PAYMENT.--Except as otherwise
|
|
provided in subsection (c), a
|
|
governmental entity-obtaining the
|
|
contents of communications, records, or
|
|
other information under section 2702,
|
|
2703, or 2704 of this title shall pay to
|
|
the person or entity assembling or
|
|
providing such information a fee for
|
|
reimbursement for such costs as are
|
|
reasonably necessary and which have been
|
|
directly incurred in searching for,
|
|
assembling, reproducing, or otherwise
|
|
providing such information. Such
|
|
reimbursable costs shall include any
|
|
costs due to necessary disruption of
|
|
normal operations of any electronic
|
|
communication service or remote
|
|
computing service in which such
|
|
information may be stored.
|
|
"(b) AMOUNT.--The amount of the fee
|
|
provided by subsection (a) shall be as
|
|
mutually agreed by the governmental
|
|
entity and the person or entity
|
|
providing the information, or, in the
|
|
absence of agreement, shall be as
|
|
determined by the court which issued the
|
|
order for production of such information
|
|
(or the court before which a criminal
|
|
prosecution relating to such information
|
|
would be brought, if no court order was
|
|
issued for production of the
|
|
information).
|
|
"(c) The requirement of subsection (a)
|
|
of this section does not apply with
|
|
respect to records or other information
|
|
maintained by a communications common
|
|
carrier that relate to telephone toll
|
|
records and telephone listings obtained
|
|
under section 2703 of this title. The
|
|
court may, however, order a payment as
|
|
described in subsection (a) if the court
|
|
determines the information required is
|
|
unusually voluminous in nature or
|
|
otherwise caused an undue burden on the
|
|
provider.
|
|
|
|
"2707. Civil action
|
|
|
|
"(a)CAUSE OF ACTION.--Except as provided
|
|
in section 2703(e), any provider of
|
|
electronic communication service,
|
|
subscriber, or customer aggrieved by any
|
|
violation of this chapter in which the
|
|
conduct constituting the violation is
|
|
engaged in with a knowing or intentional
|
|
state of mind may, in a civil action,
|
|
recover from the person or entity which
|
|
engaged in that violation such relief as
|
|
may be appropriate.
|
|
"(b)RELIEF.--In a civil action under
|
|
this section, appropriate relief
|
|
includes--
|
|
"(1)such preliminary and other
|
|
equitable or declaratory relief as may
|
|
be appropriate;
|
|
"(2)damages under subsection
|
|
(c);and
|
|
"(3)a reasonable attorney's fee
|
|
and other litigation costs reasonably
|
|
incurred.
|
|
"(c)DAMAGES.--The court may assess as
|
|
damages in a civil action under this
|
|
section the sum of the actual damages
|
|
suffered by the plaintiff and any
|
|
profits made by the violator as a result
|
|
of the violation, but in no case shall a
|
|
person entitled to recover receive less
|
|
than the sum of $1,000.
|
|
"(d)DEFENSE.--A good faith reliance on--
|
|
"(1) a court warrant or order, a
|
|
grand jury subpoena, a legislative
|
|
authorization, or a statutory
|
|
authorization;
|
|
"(2) a request of an investigative
|
|
or law enforcement officer under section
|
|
2518(7) of this title; or
|
|
|
|
|
|
|
|
100 STAT. 1867 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
"(3) a good faith determination
|
|
that section 2511(3) of this title
|
|
permitted the conduct complained
|
|
of;
|
|
is a complete defense to any civil or
|
|
criminal action brought under this
|
|
chapter or any other law.
|
|
"(e) LIMITATION.--A civil action under
|
|
this section may not be commenced later
|
|
than two years after the date upon which
|
|
the claimant first discovered or had a
|
|
reasonable opportunity to discover the
|
|
violation.
|
|
|
|
18 USC 2708. "2708. Exclusivity of remedies
|
|
|
|
"The remedies and sanctions described in
|
|
this chapter are the only judicial
|
|
remedies and sanctions for
|
|
nonconstitutional violations of this
|
|
chapter.
|
|
|
|
18 USC 2709. "2709. Counterintelligence access to
|
|
telephone toll and transactional
|
|
records
|
|
"(a)DUTY TO PROVIDE.--A wire or
|
|
electronic communication service
|
|
provider shall comply with a request for
|
|
subscriber information and toll billing
|
|
records information, or electronic
|
|
communication transactional records in
|
|
its custody or possession made by the
|
|
Director of the Federal Bureau of
|
|
Investigation under subsection (b) of
|
|
this section.
|
|
"(b) REQUIRED CERTIFICATION.--The
|
|
Director of the Federal Bureau of
|
|
Investigation (or an individual within
|
|
the Federal Bureau of Investigation
|
|
designated for this purpose by the
|
|
Director) may request any such
|
|
information and records if the Director
|
|
(or the Director's designee) certifies
|
|
in writing to the wire or electronic
|
|
communication service provider to which
|
|
the request is made that--
|
|
"(1)the information sought is
|
|
relevant to an authorized foreign
|
|
counterintelligence investigation;and
|
|
"(2)there are specific and
|
|
articulable facts giving reason to
|
|
believe that the person or entity to
|
|
whom the information sought pertains is
|
|
a foreign power or an agent of a
|
|
foreign power as defined in section 101
|
|
of the Foreign Intelligence Surveillance
|
|
Act of 1978(50 U.S.C. 1801).
|
|
"(c) PROHIBITION OF CERTAIN
|
|
DISCLOSURE.--No wire or electronic
|
|
communication service provider, or
|
|
officer, employee, or agent thereof
|
|
shall disclose to any person that the
|
|
Federal Bureau of Investigation has
|
|
sought or obtained access to information
|
|
or records under this section.
|
|
"(d) DISSEMINATION BY BUREAU.--The
|
|
Federal Bureau of Investigation may
|
|
disseminate information and records
|
|
obtained under this section only as
|
|
provided in guidelines approved by the
|
|
Attorney General for foreign
|
|
intelligence collection and foreign
|
|
counterintelligence investigations
|
|
conducted by the Federal Bureau of
|
|
Investigation, and, with respect to
|
|
dissemination to an agency of the United
|
|
States, only if such information is
|
|
clearly relevant to the authorized
|
|
responsibilities of such agency.
|
|
"(e) REQUIREMENT THAT CERTAIN
|
|
CONGRESSIONAL BODIES BE INFORMED.--On a
|
|
semiannual basis the Director of the
|
|
Federal Bureau of Investigation shall
|
|
fully inform the Permanent Select
|
|
Committee
|
|
|
|
|
|
|
|
100 STAT. 1868 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
on Intelligence of the House of
|
|
Representatives and the Select Committee
|
|
on Intelligence of the Senate concerning
|
|
all requests made under subsection (b) of
|
|
this section.
|
|
|
|
18 USC 2710. "2710. Definitions for chapter
|
|
|
|
"As used in this chapter--
|
|
"(1) the terms defined in section
|
|
2510 of this title have, respectively,
|
|
the definitions given such terms in that
|
|
section; and
|
|
"(2) the term 'remote computing
|
|
service' means the provision to the
|
|
public of computer storage or processing
|
|
services by means of an electronic
|
|
communications system.".
|
|
(b) CLERICAL AMENDMENT.--The table of
|
|
chapters at the beginning of part I of
|
|
title 18, United States Code, is amended
|
|
by adding at the end of the following:
|
|
|
|
"121. Stored Wire and Electronic
|
|
Communications and Transactional Records
|
|
Access...................2701".
|
|
|
|
18 USC 2701 SEC. 202. EFFECTIVE DATE.
|
|
note.
|
|
This title and the amendments made by
|
|
this title shall take effect ninety days
|
|
after the date of the enactment of this
|
|
Act and shall, in the case of conduct
|
|
pursuant to a court order or extension,
|
|
apply only with respect to court orders
|
|
or extensions made after this title takes
|
|
effect.
|
|
|
|
TITLE III--PEN REGISTERS AND TRAP AND TRACE DEVICES
|
|
|
|
SEC.301. TITLE IS AMENDMENT.
|
|
(a) IN GENERAL.--Title 18 of the United
|
|
States Code is amended by inserting
|
|
after chapter 205 the following new
|
|
chapter:
|
|
|
|
"CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES
|
|
|
|
|
|
"Sec.
|
|
"3121. General prohibition on pen
|
|
register and trap and trace
|
|
device use; exception.
|
|
"3122. Application for an order for a
|
|
pen register or a trap and
|
|
trace device.
|
|
"3123. Issuance of an order for a pen
|
|
register or a trap or trace
|
|
device.
|
|
"3124. Assistance in installation and
|
|
use of a pen register or
|
|
a trap and trace device.
|
|
"3125. Reports concerning pen registers
|
|
and trap and trace devices.
|
|
"3126. Definitions for chapter.
|
|
|
|
18 USC 3121. "3121. General prohibition on pen
|
|
register and trap and trace device use;
|
|
exception
|
|
|
|
(a) IN GENERAL--Except as provided in
|
|
this section, no person may install or
|
|
use a pen register or a trap and trace
|
|
device without first obtaining a court
|
|
order under section 3123 of this title
|
|
or under the Foreign Intelligence
|
|
Surveillance Act of 1978 (50 U.S.C.1801
|
|
et seq.).
|
|
(b) EXCEPTION.--The prohibition of
|
|
subsection (a) does not apply with
|
|
respect to the use of a pen register or
|
|
a trap and trace device by a provider of
|
|
electronic or wire communication
|
|
service--
|
|
|
|
|
|
100 STAT. 1869 PUBLIC LAW 99-508
|
|
|
|
"(1) relating to the operation,
|
|
maintenance, and testing of a wire or
|
|
electronic communication service or to
|
|
the protection of the rights or property
|
|
of such provider, or to the protection
|
|
of users of that service from abuse of
|
|
service or unlawful use of service; or
|
|
"(2) to record the fact that a wire
|
|
or electronic communication was
|
|
initiated or completed in order to
|
|
protect such provider, another provider
|
|
furnishing service toward the completion
|
|
of the wire communication, or a user of
|
|
that service, from fraudulent, unlawful
|
|
or abusive use4 of service; or (3) where
|
|
the consent of the user of that service
|
|
has been obtained.
|
|
"(c)PENALTY.--Whoever knowingly violates
|
|
subsection (a) shall be fined under this
|
|
title or imprisoned not more than one
|
|
year, or both.
|
|
|
|
18 USC 3122. "3122. Application for an order for a pen
|
|
register or a trap and trace device
|
|
|
|
"(a)APPLICATION.--(1) An attorney for
|
|
the Government may make application for
|
|
an order or an extension of an order
|
|
under section 3123 of this title
|
|
authorizing or approving the
|
|
installation and use of a pen register
|
|
or a trap and trace device under this
|
|
chapter, in writing under oath or
|
|
equivalent formation, to a court of
|
|
competent jurisdiction.
|
|
State and local "(2)Unless prohibited by State law, a
|
|
governments. State investigative or law enforcement
|
|
officer may make application for an
|
|
order or an extension of an order under
|
|
section 3123 of this title authorizing
|
|
or approving the installation and use of
|
|
a pen register or a trap and trace
|
|
device under this chapter, in writing
|
|
under oath or equivalent formation, to
|
|
a court of competent jurisdiction of
|
|
such State.
|
|
"(b)CONTENTS OF APPLICATION.--An
|
|
application under subsection (a) of this
|
|
section shall include--
|
|
"(1) the identify of the attorney
|
|
for the Government or the State law
|
|
enforcement or investigative officer
|
|
making the application and the identify
|
|
of the law enforcement agency conducting
|
|
the investigation;and
|
|
"(2) a certification by the
|
|
applicant that the information likely to
|
|
be obtained is relevant to an ongoing
|
|
criminal investigation being conducted
|
|
by that agency.
|
|
|
|
"3123. Issuance of an order for a pen
|
|
register or a trap and trace device
|
|
|
|
"(a) IN GENERAL--Upon an application
|
|
made under section 3122 of this title,
|
|
the court shall enter an ex parte order
|
|
authorizing the installation and use of
|
|
a pen register or a trap and trace
|
|
device within the jurisdiction of the
|
|
court if the court finds that the
|
|
attorney for the Government or the state
|
|
law enforcement or investigative officer
|
|
has certified to the court that the
|
|
information likely to be obtained by
|
|
such installation and use is relevant to
|
|
an ongoing criminal investigation.
|
|
"(b) CONTENTS OF ORDER.--An order issued
|
|
under this section--
|
|
"(1) shall specify--
|
|
"(A) the identify, if known, of
|
|
the person to whom is leased or in whose
|
|
name is listed the telephone line to
|
|
which the pen register or trap and trace
|
|
device is to be attached;
|
|
"(B) the identify, if known, of
|
|
the person who is the subject of the
|
|
criminal investigation;
|
|
|
|
|
|
|
|
100 STAT. 1870 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
"(C) the number and, if known,
|
|
physical location of the telephone line
|
|
to which the pen register or trap and
|
|
trace device is to be attached and, in
|
|
the case of a trap and trace device, the
|
|
geographic limits of the trap and trace
|
|
order; and
|
|
"(D) a statement of the offense
|
|
to which the information likely to be
|
|
obtained by the pen register or trap and
|
|
trace device relates; and
|
|
"(2) shall direct, upon the request
|
|
of the applicant, the furnishing of
|
|
information, facilities, and technical
|
|
assistance necessary to accomplish the
|
|
installation of the pen register or trap
|
|
and trace device under section 3124 of
|
|
this title.
|
|
"(c) TIME PERIOD AND EXTENSIONS.--(1) An
|
|
order issued under this section shall
|
|
authorize the installation and use of a
|
|
pen register or a trap and trace device
|
|
for a period not to exceed sixty days.
|
|
"(2) Extensions of such an order may be
|
|
granted, but only upon an application
|
|
for an order under section 3122 of this
|
|
title and upon the judicial finding
|
|
required by subsection (a) of this
|
|
section. The period of extension shall
|
|
be for a period not to exceed sixty
|
|
days.
|
|
"(d) NONDISCLOSURE OF EXISTENCE OF PEN
|
|
REGISTER OR A TRAP AND TRACE DEVICE.--An
|
|
order authorizing or approving the
|
|
installation and use of a pen register
|
|
or a trap and trace device shall direct
|
|
that--
|
|
"(1) the order be sealed until
|
|
otherwise
|
|
ordered by the court; and
|
|
"(2) the person owning or leasing
|
|
the line to which the pen register or a
|
|
trap and trace device is attached, or
|
|
who has been ordered by the court to
|
|
provide assistance to the applicant, not
|
|
disclose the existence of the pen
|
|
register or trap and trace device or the
|
|
existence of the investigation to the
|
|
listed subscriber, or to any other
|
|
person, unless or until otherwise
|
|
ordered by the court.
|
|
|
|
18 USC 3124. "3124. Assistance in installation and
|
|
use of a pen register or a trap and
|
|
trace device
|
|
|
|
"(a) PEN REGISTERS.--Upon the request of
|
|
an attorney for the Government or an
|
|
officer of a law enforcement agency
|
|
authorized to install and use a pen
|
|
register under this chapter, a provider
|
|
of a wire or electronic communication
|
|
service, landlord, custodian, or other
|
|
person shall furnish such investigative
|
|
or law enforcement officer forthwith all
|
|
information, facilities, and technical
|
|
assistance necessary to accomplish the
|
|
installation of the pen register
|
|
intrusively and with a minimum of
|
|
interference with the services that the
|
|
person so ordered by the court accords
|
|
the party with respect to whom the
|
|
installation and use is to take place,
|
|
if such assistance is directed by a
|
|
court order as provided in section
|
|
3123(b)(2) of this title.
|
|
"(b) TRAP AND TRACE DEVICE.--Upon the
|
|
request of an attorney for the
|
|
Government or an officer of a law
|
|
enforcement agency authorized to receive
|
|
the results of a trap and trace device
|
|
under this chapter, a provider of a wire
|
|
or electronic communication service,
|
|
landlord,, custodian, or other person
|
|
shall install such device forthwith on
|
|
the appropriate line and shall furnish
|
|
such investigative or law enforcement
|
|
officer all additional information,
|
|
facilities and technical assistance
|
|
including installation and operation of
|
|
the
|
|
|
|
|
|
|
|
100 STAT. 1871 PUBLIC LAW 99-508--OCT. 21, 1986
|
|
|
|
device intrusively and with a minimum
|
|
of interference with the services that
|
|
the person so ordered by the court
|
|
accords the party with respect to whom
|
|
the installation and use is to take
|
|
place, if such installation and
|
|
assistance is directed by a court order
|
|
as provided in section 3123(b)(2) of
|
|
this title . Unless otherwise ordered
|
|
by the court, the results of the trap
|
|
and trace device shall be furnished to
|
|
the officer of a law enforcement agency,
|
|
designated in the court, at reasonable
|
|
intervals during regular business hours
|
|
for the duration of the order.
|
|
"(c) COMPENSATION.--A provider of a wire
|
|
or electronic communication service,
|
|
landlord, custodian, or other person who
|
|
furnishes reasonably compensated for
|
|
such reasonable expenses incurred in
|
|
"(d) NO CAUSE OF ACTION AGAINST A
|
|
PROVIDER DISCLOSING INFORMATION UNDER
|
|
THIS CHAPTER.--No cause of action shall
|
|
lie in any court against any provider of
|
|
a wire or electronic communication
|
|
service, its officers, employees,
|
|
agents, or other specified persons for
|
|
providing information, facilities or
|
|
assistance in accordance with the terms
|
|
of a court order under this chapter
|
|
(e)DEFENSE.--A good faith reliance on a
|
|
court order, a legislative authorization
|
|
or a statutory authorization is a
|
|
complete defense against any civil or
|
|
criminal action brought under this
|
|
chapter or any other law.
|
|
|
|
18 USC 3125. "3125. Reports concerning pen registers
|
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and trap and trace devices
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"The Attorney General shall annually
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report to Congress on the number of pen
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register orders and orders for trap and
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trace devices applied for by law
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enforcement agencies of the Department
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of Justice.
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"3126. Definitions for chapter
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"As used in this chapter--
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"(1) the terms 'wire
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communication', electronic
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communication', and 'electronic
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communication service' have the meanings
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set forth for such terms in section 2510
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of this title;
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"(2)the term 'court of competent
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jurisdiction means--
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(A) a district court of the United
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States (including a magistrate of such a
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court) or a United States Court of
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Appeals; or
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(B) a court of general criminal
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jurisdiction of a State authorizing the
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use of a pen register or a trap and
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trace device;
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"(3)the term "pen register" means a
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device which records or decodes
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electronic or other impulses which
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identify the numbers dialed or otherwise
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transmitted on the telephone line to
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which such device is attached, but such
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term does not include any device used by
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a provider or customer of a wire or
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electronic communication service for
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billing, or recording as an incident to
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billing, for communications services
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provided by such provider or any device
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used by a provider or customer of a wire
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communication service for cost
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accounting or other like purposes in the
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ordinary course of its business;
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100 STAT. 1872 PUBLIC LAW 99-508--OCT. 21, 1986
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"(4) the term 'trap and trace
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device'
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means a device which captures the
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incoming electronic or other impulses
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which identify the originating number of
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an instrument or device from which a
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wire or electronic communication was
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transmitted;
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"(5) the term 'attorney for the
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Government' has the meaning given such
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term for the purposes of the Federal
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Rules of Criminal Procedure; and
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"(6) the term 'State' means a
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State, the district of Columbia, Puerto
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Rico, and any other possession or
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territory of the United States.".
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(b) CLERICAL AMENDMENT.--The table of
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chapters for part II of title 18 of the
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United States Code is amended by
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inserting after the item relating to
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chapter 205 the following new item:
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"206. Pen Registers and Trap and Trace
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Devices. ....3121",
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18 USC 3121 SEC.302. EFFECTIVE DATE.
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note.
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(a)IN GENERAL--Except as provided in
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subsection (b), this title and the
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amendments made by this title shall take
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effect ninety days after the date of the
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enactment of this Act and shall, in the
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case of conduct pursuant to a court
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order or extension, apply only with
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respect to court orders or extensions
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made after this title takes effect.
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(b)SPECIAL RULE FOR STATE AUTHORIZATIONS
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OF INTERCEPTIONS.--
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Any pen register or trap and trace
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device order or installation which would
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be valid and lawful without regard to
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the amendments made by this title shall
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be valid and lawful notwithstanding such
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amendments if such order or installation
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occurs during the period beginning on
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the date such amendments take effect and
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ending on the earlier of--
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(1)the day before the date of the
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taking effect of changes in State law
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required in order to make orders or
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installations under Federal law as
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amended by this title; or
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(2)the date two years after the
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date of the enactment of this Act.
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SEC.303.INTERFERENCE WITH THE OPERATION
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OF A SATELLITE.
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(a)OFFENSE--Chapter 65 of the 18, United
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States Code, is amended by inserting at
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the end of the following:
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18 USC 1367. "1367. Interference with the operation
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of a satellite
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"(a) Whoever, without the authority of
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the satellite operator, intentionally or
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maliciously interferes with the
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authorized operation of a communications
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or weather satellite or obstructs or
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hinders any satellite transmission shall
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be fined in accordance with this title
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or imprisoned not more than ten years or
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both.
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"(b) This section does not prohibit any
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lawfully authorized investigative,
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protective, or intelligence activity of
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a law enforcement agency or of an
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intelligence agency of the United
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States."
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100 STAT. 1873 PUBLIC LAW 99-508--OCT. 21, 1986
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(b) CONFORMING AMENDMENT.--The table of
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sections for chapter 65 of title 18,
|
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United States Code, is amended by adding
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at the end the following new item:
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"1367. Interference with the operation of a satellite.".
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Approved October 21, 1986.
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____________________________________________________________
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LEGISLATIVE HISTORY--H.R. 4952 (S. 2575):
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___________________________________________
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HOUSE REPORTS: No. 99-647 (Comm. on the Judiciary).
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CONGRESSIONAL RECORD. Vol 132 (1986):
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June 23, considered and passed House.
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Oct. 1, considered and passed Senate, amended.
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Oct. 2, House concurred in Senate amendments.
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91-139 O - 87 (526)
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