Advanced Criminal Investigations and Intelligence Operations

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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  275

  § 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