by Unknown
authorized by this chapter, has obtained knowledge of the contents
of any wire, oral, or electronic communication, or evidence derived
there from, may disclose such contents to another investigative or
law enforcement officer to the extent that such disclosure is appro-
priate to the proper performance of the official duties of the officer
making or receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the contents
of any wire, oral, or electronic communication or evidence derived
there from may use such contents to the extent such use is appropri-
ate to the proper performance of his official duties.
(3) Any person who has received, by any means authorized by this
chapter, any information concerning a wire, oral, or electronic com-
munication, or evidence derived there from intercepted in accordance
with the provisions of this chapter may disclose the contents of that
communication or such derivative evidence while giving testimony
under oath or affirmation in any proceeding held under the authority
of the United States or of any State or political subdivision thereof.
(4) No otherwise privileged wire, oral, or electronic communication
intercepted in accordance with, or in violation of, the provisions of
this chapter shall lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged in
intercepting wire, oral, or electronic communications in the manner
authorized herein, intercepts wire, oral, or electronic communica-
tions relating to offenses other than those specified in the order of
authorization or approval, the contents thereof, and evidence derived
there from, may be disclosed or used as provided in subsections (1)
and (2) of this section. Such contents and any evidence derived there
from may be used under subsection (3) of this section when autho-
rized or approved by a judge of competent jurisdiction where such
judge finds on subsequent application that the contents were other-
wise intercepted in accordance with the provisions of this chapter.
Such application shall be made as soon as practicable.
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(6) Any investigative or law enforcement officer, or attorney for the
Government, who by any means authorized by this chapter, has
obtained knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived there from, may disclose such
contents to any other Federal law enforcement, intelligence, protec-
tive, immigration, national defense, or national security official to
the extent that such contents include foreign intelligence or counter-
intelligence (as defined in section 3 of the National Security Act of
1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined
in subsection (19) of section 2510 of this title), to assist the official who is to receive that information in the performance of his official duties. Any Federal official who receives information pursuant
to this provision may use that information only as necessary in the
conduct of that person’s official duties subject to any limitations on
the unauthorized disclosure of such information.
(7) Any investigative or law enforcement officer, or other Federal offi-
cial in carrying out official duties as such Federal official, who by any means authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication, or evidence
derived there from, may disclose such contents or derivative evidence
to a foreign investigative or law enforcement officer to the extent
that such disclosure is appropriate to the proper performance of the
official duties of the officer making or receiving the disclosure, and
foreign investigative or law enforcement officers may use or disclose
such contents or derivative evidence to the extent such use or disclo-
sure is appropriate to the proper performance of their official duties.
(8) Any investigative or law enforcement officer, or other Federal offi-
cial in carrying out official duties as such Federal official, who by
any means authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication, or evidence
derived there from, may disclose such contents or derivative evidence
to any appropriate Federal, State, local, or foreign government official
to the extent that such contents or derivative evidence reveals a threat
of actual or potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power, domestic or international sabo-
tage, domestic or international terrorism, or clandestine intelligence
gathering activities by an intelligence service or network of a foreign
power or by an agent of a foreign power, within the United States
or elsewhere, for the purpose of preventing or responding to such a
threat. Any official who receives information pursuant to this provi-
sion may use that information only as necessary in the conduct of that
person’s official duties subject to any limitations on the unauthor-
ized disclosure of such information, and any State, local, or foreign
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281
official who receives information pursuant to this provision may use
that information only consistent with such guidelines as the Attorney
General and Director of Central Intelligence shall jointly issue.
§ 2518. Procedure for Interception of Wire,
Oral, or Electronic Communications
(1) Each application for an order authorizing or approving the intercep-
tion of a wire, oral, or electronic communication under this chapter
shall be made in writing upon oath or affirmation to a judge of compe-
tent jurisdiction and shall state the applicant’s authority to make such
application. Each application shall include the fol owing information:
(a) the identity of the investigative or law enforcement officer mak-
ing the application, and the officer authorizing the application;
(b) a full and complete statement of the facts and circumstances
relied upon by the applicant, to justify his belief that an order
should be issued, including (i) details as to the particular
offense that has been, is being, or is about to be committed,
(ii) except as provided in subsection (11), a particular descrip-
tion of the nature and location of the facilities from which
or the place where the communication is to be intercepted,
(iii) a particular description of the type of communications
sought to be intercepted, (iv) the identity of the person, if
known, committing the offense and whose communications
are to be intercepted;
(c) a full and complete statement as to whether or not other inves-
tigative procedures have been tried and failed or why they rea-
sonably appear to be unlikely to succeed if tried or to be too
dangerous;
(d) a statement of the period of time for which the interception is
required to be maintained. If the nature of the
investigation is
such that the authorization for interception should not auto-
matically terminate when the described type of communica-
tion has been first obtained, a particular description of facts
establishing probable cause to believe that additional commu-
nications of the same type will occur thereafter;
(e) a full and complete statement of the facts concerning all pre-
vious applications known to the individual authorizing and
making the application, made to any judge for authorization
to intercept, or for approval of interceptions of, wire, oral, or
electronic communications involving any of the same persons,
facilities or places specified in the application, and the action
taken by the judge on each such application; and
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(f) where the application is for the extension of an order, a statement
setting forth the results thus far obtained from the interception,
or a reasonable explanation of the failure to obtain such results.
(2) The judge may require the applicant to furnish additional testimony
or documentary evidence in support of the application.
(3) Upon such application the judge may enter an ex parte order, as
requested or as modified, authorizing or approving interception
of wire, oral, or electronic communications within the territorial
jurisdiction of the court in which the judge is sitting (and outside
that jurisdiction but within the United States in the case of a mobile
interception device authorized by a Federal court within such juris-
diction), if the judge determines on the basis of the facts submitted
by the applicant that—
(a) there is probable cause for belief that an individual is commit-
ting, has committed, or is about to commit a particular offense
enumerated in section 2516 of this chapter;
(b) there is probable cause for belief that particular communi-
cations concerning that offense will be obtained through
such interception;
(c) normal investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
to be too dangerous;
(d) except as provided in subsection (11), there is probable cause
for belief that the facilities from which, or the place where, the
wire, oral, or electronic communications are to be intercepted
are being used, or are about to be used, in connection with the
commission of such offense, or are leased to, listed in the name
of, or commonly used by such person.
(4) Each order authorizing or approving the interception of any wire,
oral, or electronic communication under this chapter shall specify—
(a) the identity of the person, if known, whose communications
are to be intercepted;
(b) the nature and location of the communications facilities as to
which, or the place where, authority to intercept is granted;
(c) a particular description of the type of communication sought
to be intercepted, and a statement of the particular offense to
which it relates;
(d) the identity of the agency authorized to intercept the commu-
nications, and of the person authorizing the application; and
(e) the period of time during which such interception is autho-
rized, including a statement as to whether or not the inter-
ception shall automatically terminate when the described
communication has been first obtained.
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283
An order authorizing the interception of a wire, oral, or electronic
communication under this chapter shal , upon request of the appli-
cant, direct that a provider of wire or electronic communication ser-
vice, landlord, custodian or other person shall furnish the applicant
forthwith all information, facilities, and technical assistance neces-
sary to accomplish the interception unobtrusively and with a mini-
mum of interference with the services that such service provider,
landlord, custodian, or person is according the person whose com-
munications are to be intercepted. Any provider of wire or electronic
communication service, landlord, custodian or other person furnish-
ing such facilities or technical assistance shall be compensated there-
fore by the applicant for reasonable expenses incurred in providing
such facilities or assistance. Pursuant to section 2522 of this chapter,
an order may also be issued to enforce the assistance capability and
capacity requirements under the Communications Assistance for
Law Enforcement Act.
(5) No order entered under this section may authorize or approve the
interception of any wire, oral, or electronic communication for any
period longer than is necessary to achieve the objective of the autho-
rization, nor in any event longer than thirty days. 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. Extensions of
an order may be granted, but only upon application for an extension
made in accordance with subsection (1) of this section and the court
making the findings required by subsection (3) of this section. The
period of extension shall be no longer than the authorizing judge
deems necessary to achieve the purposes for which it was granted
and in no event for longer than thirty days. Every order and exten-
sion thereof shall contain a provision that the authorization to inter-
cept shall be executed as soon as practicable, shall be conducted in
such a way as to minimize the interception of communications not
otherwise subject to interception under this chapter, and must ter-
minate upon attainment of the authorized objective, or in any event
in thirty days. 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.
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(6) Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of
the authorized objective and the need for continued interception. Such
reports shall be made at such intervals as the judge may require.
(7) Notwithstanding any other provision of this chapter, any investiga-
tive or law enforcement officer, specially designated by the Attorney
General, the Deputy Attorney General, the Associate Attorney
General, or by the principal prosecuting attorney of any State or
subdivision thereof act
ing pursuant to a statute of that State, who
reasonably determines that—
(a) an emergency situation exists that involves—
(i) immediate danger of death or serious physical injury to
any person,
(ii) conspiratorial activities threatening the national security
interest, or
(iii) conspiratorial activities characteristic of organized crime,
that requires a wire, oral, or electronic communication to
be intercepted before an order authorizing such intercep-
tion can, with due diligence, be obtained, and
(b) there are grounds upon which an order could be entered under
this chapter to authorize such interception, may intercept such
wire, oral, or electronic communication if an application for an
order approving the interception is made in accordance with
this section within forty-eight hours after the interception has
occurred, or begins to occur. In the absence of an order, such
interception shall immediately terminate when the communi-
cation sought is obtained or when the application for the order
is denied, whichever is earlier. In the event such application for
approval is denied, or in any other case where the interception
is terminated without an order having been issued, the contents
of any wire, oral, or electronic communication intercepted shall
be treated as having been obtained in violation of this chapter,
and an inventory shall be served as provided for in subsection
(d) of this section on the person named in the application.
(8) (a) The contents of any wire, oral, or electronic communication
intercepted by any means authorized by this chapter shal , if
possible, be recorded on tape or wire or other comparable device.
The recording of the contents of any wire, oral, or electronic com-
munication under this subsection shall be done in such a way
as will protect the recording from editing or other alterations.
Immediately upon the expiration of the period of the order, or
extensions thereof, such recordings shall be made available to
Appendix A: Electronic Surveillance Law
285
the judge issuing such order and sealed under his directions.
Custody of the recordings shall be wherever the judge orders.
