by Unknown
(b) The court may use any means within its authority to enforce an
injunction issued under paragraph (ii)(A), and shall impose a civil
fine of not less than $500 for each violation of such an injunction.
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§ 2512. Manufacture, Distribution, Possession,
and Advertising of Wire, Oral, or Electronic
Communication Intercepting Devices Prohibited
(1) Except as otherwise specifically provided in this chapter, any person who intentionally—
(a) sends through the mail, or sends or carries in interstate
or foreign commerce, any electronic, mechanical, or other
device, knowing or having reason to know that the design
of such device renders it primarily useful for the purpose
of the surreptitious interception of wire, oral, or electronic
communications;
(b) manufactures, assembles, possesses, or sells any electronic,
mechanical, or other device, knowing or having reason to
know that the design of such device renders it primarily useful
for the purpose of the surreptitious interception of wire, oral,
or electronic communications, and that such device or any
component thereof has been or will be sent through the mail or
transported in interstate or foreign commerce; or
(c) places in any newspaper, magazine, handbil , or other publica-
tion or disseminates by electronic means any advertisement of—
(i) any electronic, mechanical, or other device knowing the
content of the advertisement and knowing or having
reason to know that the design of such device renders it
primarily useful for the purpose of the surreptitious inter-
ception of wire, oral, or electronic communications; or
(ii) any other electronic, mechanical, or other device, where
such advertisement promotes the use of such device for
the purpose of the surreptitious interception of wire,
oral, or electronic communications, knowing the content
of the advertisement and knowing or having reason to
know that such advertisement will be sent through the
mail or transported in interstate or foreign commerce,
shall be fined under this title or imprisoned not more
than five years, or both.
(2) It shall not be unlawful under this section for—
(a) a provider of wire or electronic communication service or an
officer, agent, or employee of, or a person under contract
with, such a provider, in the normal course of the business of
providing that wire or electronic communication service, or
(b) an officer, agent, or employee of, or a person under con-
tract with, the United States, a State, or a political subdivi-
sion thereof, in the normal course of the activities of the
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United States, a State, or a political subdivision thereof, to
send through the mail, send or carry in interstate or foreign
commerce, or manufacture, assemble, possess, or sell any elec-
tronic, mechanical, or other device knowing or having reason
to know that the design of such device renders it primarily
useful for the purpose of the surreptitious interception of wire,
oral, or electronic communications.
(3) It shall not be unlawful under this section to advertise for sale a
device described in subsection (1) of this section if the advertise-
ment is mailed, sent, or carried in interstate or foreign commerce
solely to a domestic provider of wire or electronic communica-
tion service or to an agency of the United States, a State, or a
political subdivision thereof which is duly authorized to use such
device.
§ 2513. Confiscation of Wire, Oral, or Electronic
Communication Intercepting Devices
Any electronic, mechanical, or other device used, sent, carried, manufac-
tured, assembled, possessed, sold, or advertised in violation of section 2511
or section 2512 of this chapter may be seized and forfeited to the United States. All provisions of law relating to
(1) the seizure, summary and judicial forfeiture, and condemnation of
vessels, vehicles, merchandise, and baggage for violations of the cus-
toms laws contained in title 19 of the United States Code,
(2) the disposition of such vessels, vehicles, merchandise, and baggage
or the proceeds from the sale thereof,
(3) the remission or mitigation of such forfeiture,
(4) the compromise of claims, and
(5) the award of compensation to informers in respect of such forfeitures, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with respect to seizure and forfeiture of electronic, mechanical, or other intercepting devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General.
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§ 2515. Prohibition of Use as Evidence of
Intercepted Wire or Oral Communications
Whenever any wire or oral communication has been intercepted, no part of
the contents of such communication and no evidence derived therefrom may
be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.
§ 2516. Authorization for Interception of Wire,
Oral, or Electronic Communications
(1) The Attorney General, Deputy Attorney General, Associate Attorney
General, or any Assistant Attorney General, any acting Assistant
Attorney General, or any Deputy Assistant Attorney General or act-
ing Deputy Assistant Attorney General in the Criminal Division
specially designated by the Attorney General, may authorize an
application to a Federal judge of competent jurisdiction for, and such
judge may grant in conformity with section 2518 of this chapter an
order authorizing or approving the interception of wire or oral com-
munications by the Federal Bureau of Investigation, or a Federal
agency having responsibility for the investigation of the offense as to
which the application is made, when such interception may provide
or has provided evidence of—
(a) any offense punishable by death or by imprisonment for more
than one year under sections 2274 through 2277 of title 42 of the
United States Code (relating to the enforcement of the Atomic
Energy Act of 1954), section 2284 of title 42 of the United States
Code (relating to sabotage of nuclear facilities or fuel), or under
the following chapters of this title: chapter 37 (relating to espio-
nage), chapter 55 (relating to kidnapping), chapter 90 (relating
to protection of trade secrets), chapter 105 (relating to sabo-
tage), c
hapter 115 (relating to treason), chapter 102 (relating to
riots), chapter 65 (relating to malicious mischief), chapter 111
(relating to destruction of vessels), or chapter 81 (relating to
piracy);
(b) a violation of section 186 or section 501 (c) of title 29, United
States Code (dealing with restrictions on payments and loans
to labor organizations), or any offense which involves murder,
kidnapping, robbery, or extortion, and which is punishable
under this title;
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(c) any offense which is punishable under the following sections of
this title: section 201 (bribery of public officials and witnesses),
section 215 (relating to bribery of bank officials), section 224
(bribery in sporting contests), subsection (d), (e), (f), (g), (h),
or (i) of section 844 (unlawful use of explosives), section 1032
(relating to concealment of assets), section 1084 (transmission
of wagering information), section 751 (relating to escape), sec-
tion 1014 (relating to loans and credit applications generally;
renewals and discounts), sections 1503, 1512, and 1513 (influ-
encing or injuring an officer, juror, or witness generally), sec-
tion 1510 (obstruction of criminal investigations), section 1511
(obstruction of State or local law enforcement), section 1591
(sex trafficking of children by force, fraud, or coercion), section
1751 (Presidential and Presidential staff assassination, kidnap-
ping, and assault), section 1951 (interference with commerce by
threats or violence), section 1952 (interstate and foreign travel
or transportation in aid of racketeering enterprises), section
1958 (relating to use of interstate commerce facilities in the
commission of murder for hire), section 1959 (relating to vio-
lent crimes in aid of racketeering activity), section 1954 (offer,
acceptance, or solicitation to influence operations of employee
benefit plan), section 1955 (prohibition of business enterprises of
gambling), section 1956 (laundering of monetary instruments),
section 1957 (relating to engaging in monetary transactions in
property derived from specified unlawful activity), section 659
(theft from interstate shipment), section 664 (embezzlement
from pension and welfare funds), section 1343 (fraud by wire,
radio, or television), section 1344 (relating to bank fraud), sec-
tions 2251 and 2252 (sexual exploitation of children), section
2251A (selling or buying of children), section 2252A (relating
to material constituting or containing child pornography), sec-
tion 1466A (relating to child obscenity), section 2260 (produc-
tion of sexually explicit depictions of a minor for importation
into the United States), sections 2421, 2422, 2423, and 2425
(relating to transportation for illegal sexual activity and related
crimes), sections 2312, 2313, 2314, and 2315 (interstate trans-
portation of stolen property), section 2321 (relating to traffick-
ing in certain motor vehicles or motor vehicle parts), section
1203 (relating to hostage taking), section 1029 (relating to fraud
and related activity in connection with access devices), section
3146 (relating to penalty for failure to appear), section 3521(b)(3)
(relating to witness relocation and assistance), section 32 (relat-
ing to destruction of aircraft or aircraft facilities), section 38
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277
(relating to aircraft parts fraud), section 1963 (violations with
respect to racketeer influenced and corrupt organizations), sec-
tion 115 (relating to threatening or retaliating against a Federal
official), section 1341 (relating to mail fraud), a felony violation
of section 1030 (relating to computer fraud and abuse), sec-
tion 351 (violations with respect to congressional, Cabinet, or
Supreme Court assassinations, kidnapping, and assault), sec-
tion 831 (relating to prohibited transactions involving nuclear
materials), section 33 (relating to destruction of motor vehicles
or motor vehicle facilities), section 175 (relating to biological
weapons), section 1992 (relating to wrecking trains), a felony
violation of section 1028 (relating to production of false identi-
fication documentation), section 1425 (relating to the procure-
ment of citizenship or nationalization unlawfully), section 1426
(relating to the reproduction of naturalization or citizenship
papers), section 1427 (relating to the sale of naturalization or
citizenship papers), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false statements in
passport applications), section 1543 (relating to forgery or false
use of passports), section 1544 (relating to misuse of passports),
or section 1546 (relating to fraud and misuse of visas, permits,
and other documents);
(d) any offense involving counterfeiting punishable under section
471, 472, or 473 of this title;
(e) any offense involving fraud connected with a case under title
11 or the manufacture, importation, receiving, concealment,
buying, selling, or otherwise dealing in narcotic drugs, mari-
huana, or other dangerous drugs, punishable under any law of
the United States;
(f) any offense including extortionate credit transactions under
sections 892, 893, or 894 of this title;
(g) a violation of section 5322 of title 31, United States Code (deal-
ing with the reporting of currency transactions);
(h) any felony violation of sections 2511 and 2512 (relating to inter-
ception and disclosure of certain communications and to cer-
tain intercepting devices) of this title;
(i) any felony violation of chapter 71 (relating to obscenity) of this
title;
(j) any violation of section 60123(b) (relating to destruction of
a natural gas pipeline) or section 46502 (relating to aircraft
piracy) of title 49;
(k) any criminal violation of section 2778 of title 22 (relating to the
Arms Export Control Act);
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(l) the location of any fugitive from justice from an offense
described in this section;
(m) a violation of section 274, 277, or 278 of the Immigration and
Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the
smuggling of aliens);
(n) any felony violation of sections 922 and 924 of title 18, United
States Code (relating to firearms);
(o) any violation of section 5861 of the Internal Revenue Code of
1986 (relating to firearms);
(p) a felony violation of section 1028 (relating to production of false
identification documents), section 1542 (relating to false state-
ments in passport applications), section 1546 (relating to fraud
and misuse of visas, permits, and other documents) of this title
or a violation of section 274, 277, or 278 of the Immigration
and Nationality Act (relating to the smuggling of aliens);
(q) any criminal violation of section 229 (relating to chemical
weapons);
or sections 2332, 2332a, 2332b, 2332d, 2332f, 2339A,
2339B, or 2339C of this title (relating to terrorism); or
(r) any conspiracy to commit any offense described in any sub-
paragraph of this paragraph.
(2) The principal prosecuting attorney of any State, or the principal
prosecuting attorney of any political subdivision thereof, if such
attorney is authorized by a statute of that State to make application
to a State court judge of competent jurisdiction for an order autho-
rizing or approving the interception of wire, oral, or electronic
communications, may apply to such judge for, and such judge may
grant in conformity with section 2518 of this chapter and with
the applicable State statute an order authorizing, or approving the
interception of wire, oral, or electronic communications by inves-
tigative or law enforcement officers having responsibility for the
investigation of the offense as to which the application is made,
when such interception may provide or has provided evidence of
the commission of the offense of murder, kidnapping, gambling,
robbery, bribery, extortion, or dealing in narcotic drugs, mari-
huana or other dangerous drugs, or other crime dangerous to
life, limb, or property, and punishable by imprisonment for more
than one year, designated in any applicable State statute autho-
rizing such interception, or any conspiracy to commit any of the
foregoing offenses.
(3) Any attorney for the Government (as such term is defined for the
purposes of the Federal Rules of Criminal Procedure) may autho-
rize an application to a Federal judge of competent jurisdiction for,
and such judge may grant, in conformity with section 2518 of this
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279
title, an order authorizing or approving the interception of electronic
communications by an investigative or law enforcement officer hav-
ing responsibility for the investigation of the offense as to which the
application is made, when such interception may provide or has pro-
vided evidence of any Federal felony.
§ 2517. Authorization for Disclosure and Use of Intercepted
Wire, Oral, or Electronic Communications
(1) Any investigative or law enforcement officer who, by any means
