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Josh-D. S. Davis

Xaminmo / Omnimax / Max Omni / Mad Scientist / Midnight Shadow / Radiation Master

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ECPA 1986 sysop rights to read email, illegal to eavesdrop, etc.
Josh 201604 KWP
joshdavis
                  PUBLIC LAW 99-508--OCT 21, 1986
     
     
     
     
                    ELECTRONIC COMMUNICATIONS PRIVACY
                                ACT OF 1986
     
     
     
    100 STAT. 1848       PUBLIC LAW 99-508--OCT. 21, 1986
     
        PUBLIC LAW 99-508
        99th Congress
     
                                An Act
     
Oct. 21, 1986    To amend title 18, United States Code,
                with respect to the interception of
               certain communications, other forms of
              surveillance, and for other purposes.
     
Electronic       Be it enacted by the Senate and House of
                Representatives of the United States of
               America in Congress assembled,
     
1986           SECTION 1.SHORT TITLE.
18 USC 2510
note.            This Act may be cited as the"Electronic
                Communications Privacy Act of 1986".
     
               TITLE I--INTERCEPTION OF COMMUNICATIONS AND
                              RELATED MATTERS
     
               SEC. 101. FEDERAL PENALTIES FOR THE
             INTERCEPTION OF COMMUNICATIONS.
     
               (a) DEFINITIONS--(1) Section 2510(1) of
               title 18, United States Code is amended--
                   (A) by striking out "any communications"
               and inserting "any aural transfer" in lieu
               thereof:
                   (B) by inserting "(including the use of
               such connection in a switching station)"
               after "reception".
                   (C) by striking out "as a common
               carrier" and
                   (D) by inserting before the semicolon at
               the end the following: "or communications
               affecting interstate or foreign commerce and
               such term includes any electronic storage of
               such communication, but such term does not
               include the radio portion of a cordless
               telephone communication that is transmitted
               between the cordless telephone handset and
               the base unit".
               (2)Section 2510(2) of title 18, United
               States Code, is amended by inserting before
               the semicolon at the end the following:
               ",but such term does not include any
               electronic communication".
               (3)Section 2510(4) of title 18, United
                States Code, is amended---
                    (A)by inserting "or other" after
                "aural";and
                    (B)by inserting ",electronic," after
                "wire".
               (4)Section 2510(5) of title 18, United
                States Code, is amended in clause (a)(i) by
                inserting before the semicolon the
                following: "or furnished by such subscriber
                or user for connection to the facilities of
                such service and used in the ordinary
                course of its business".
               (5)Section 2510(8) of title 18, United
               States Code, is amended by striking out
               "identify of the parties to such
               communication or the existence,".
               (6)Section 2510 of title 18, United States
                Code, is amended---
                    (A)by striking out "and" at the end of
                       paragraph (10);
                    (B)by striking out the period at the
                       end of paragraph (11) and inserting
                       a semicolon in lieu thereof; and
                    (C)by adding at the end the following:
                    "(12)'electronic communication' means
                        any transfer of signs,signals,
     
     
     
     
    100 STAT. 1849       PUBLIC LAW 99-508---OCT. 21, 1986
     
     
                        writing, images, sounds, data, or
                        intelligence of any nature
                        transmitted in whole or in part by
                        a wire, radio, electromagnetic,
                        photoelectronic or photooptical
                        system that affects interstate or
                        foreign commerce, but does not
                        include---
                            "(A)the radio portion of a
                      cordless telephone communication that
                      is transmitted between the cordless
                      telephone handset and the base unit;
                            "(B)any wire or oral
                      communication;
                            "(C)any communication made
                      through a tone-only paging device;
                      or
                            "(D)any communication from a
18 USC 3117.          tracking device (as defined in
                      section 3117 of this title);
                    "(13) 'user' means any person or
                     entity who---
                            "(A)uses an electronic
                     communication service;and
                            "(B)is duly authorized by the
                      provider of such service to engage in
                      such use;
                     "(14) 'electronic communications
                      system' means any wire, radio,
                      electromagnetic, photooptical or
                      photoelectronic facilities for the
                      transmission of electronic
                      communications, and any computer
                      facilities or related electronic
                      equipment for the electronic storage
                      of such communications;
                     "(15) 'electronic communication
                      service' means any service which
                      provides to users thereof the
                      ability to send or receive wire or
                      electronic communications;
                    "(16) 'readily accessible to the
                      general public' means, with respect
                      to a radio communication, that such
                      communication is not---
     
                         "(A)scrambled or encrypted;
                         "(B)transmitted using modulation
                     techniques whose essential parameters
                      have been withheld from the public
                      with the intention of preserving the
                      privacy of such communication;
                         "(C)carried on a subcarrier or
                      other signal subsidiary to a radio
                      transmission;
                         "(D)transmitted over a
                      communication system provided by a
                      common carrier, unless the
                      communication is a tone only paging
                      system communication; or
                         "(E)transmitted on frequencies
                      allocated under part 25, subpart D,E,
                      or F of part 74, or part 94 of the
                      Rules of the Federal Communications
                      Commission, unless, in the case of a
                      communication transmitted on a
                      frequency allocated under part 74
                      that is not exclusively allocated to
                      broadcast auxiliary services, the
                      communication is a two-way voice
                      communication by radio;
                   "(17)'electronic storage' means---
                         "(A) any temporary, intermediate
                      storage of a wire or electronic
                      communication incidental to the
                      electronic transmission thereof; and
                         "(B) any storage of such
                      communication by an electronic
                      communication service for purpose of
                      backup protection of such
                      communication; and
                   "(18)'aural transfer' means a transfer
                      containing the human voice at any
                      point between and including the point
                      of origin and the point of reception".
               (b)Exceptions With Respect to Electronic
                      Communications.--
                    (1) Section 2511(2)(a)(ii) of title 18,
                       United States Code is amended--
     
     
     
    100 STAT. 1850       PUBLIC LAW 99-508--OCT 21,1986
     
     
                          (A) by striking out "violation of
                  this subparagraph by a communication
                  common carrier or an officer,
                  employee, or agent thereof" and
                  inserting in lieu thereof "such
                  disclosure";
                          (B) by striking out "the carrier
                  and inserting in lieu thereof "such
                  person"; and
                          (C) by striking out "an order or
                  certification under this subparagraph"
                  and inserting in lieu thereof "a court
                  order or certification under this
                   chapter".
                   (2)Section 2511(2)(d) of title 18,
                  United States Code, is amended by
                  striking out "or for the purpose of
                  committing any other injurious act".
                   (3)Section 2511(2)(f) of title 18,
                   United States Code, is amended--
                        (A) by inserting "or chapter 121"
                   after "this chapter"; and
                        (B) by striking out "by" the second
                   place it appears and inserting in lieu
                   thereof ", or foreign intelligence
                   activities conducted in accordance with
                   otherwise applicable Federal law
                   involving a foreign electronic
                   communications system, utilizing".
                   (4)Section 2511(2) of title 18, United
                   States Code, is amended by adding at the
                   end the following:
                    "(g)it shall not be unlawful under this
                    chapter or chapter 121  this title for
Post p. 1860        any person---
                      "(i)to intercept or access an
                  electronic communication made through
                   an electronic communication system
                   that is configured so that such
                   electronic communication is readily
                   accessible to the general public;
                   "(ii) to intercept any radio
                   communication which is transmitted--
                          "(I) by any station for the use
                      of the general public, or that
                      relates to ships, aircraft, vehicles,
                      or persons in distress;
                          "(II)by any governmental, law
                      enforcement, civil defense, private
                      land mobile, or public safety
                      communications system, including
                      police and fire, readily accessible
                      to the general public;
                          "(III) by a station operating on
                      an authorized frequency within the
                      bands allocated to the amateur,
                      citizens band, or general mobile
                      radio services; or
                          "(IV) by any marine or
                      aeronautical communications system;
                   "(iii) to engage in any conduct
                   which--
                          "(I) is prohibited by section 633
47 USC 553.           of the Communications Act of 1934;or
                          "(II) is excepted from the
                   application of section 705(a) of the
47 USC 605.        Communications Act of 1934 by section
                   705(b) of that Act;
                   "(iv) to intercept any wire or
                   electronic communication the
                   transmission of which is causing
                   harmful interference to any lawfully
                   operating station or consumer
                   electronic equipment, to the extent
                   necessary to identify the source of
                   such interference; or
                   "(v) for other users of the same
                   frequency to intercept any radio
                   communication made through a system that
                   utilizes frequencies monitored by
                   individuals engaged in the provision or
                   the use of such system,, if such
                   communication is not scrambled or
                   encrypted
     
     
     
    100 STAT. 1851       PUBLIC LAW 99-508--OCT. 21, 1986
     
     
                    "(h)It shall not be unlawful under this
                    chapter---
                        "(i)to use a pen register or a trap
                    and trace device (as those terms are
Post,p.1868.        defined for the purposes of chapter 206
                    (relating to pen registers and trap and
                    trace devices)of this title);or
                        "(ii) for a provider of electronic
                    communication service 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 or electronic communication, or a
                    user of that service, from fraudulent,
                    unlawful or abusive use of such
                    service.".
                   (c)TECHNICAL AN CONFORMING
                   AMENDMENTS.--(1)Chapter 119 of title 18,
18 USC 2510 et    United States Code is amended
seq.                  (A)in each of sections
                   2510(5),2510(8),2510(11), and 2511
                   through 2519 (except sections 2515,
                   2516(1) and 2518(10)),by striking out
                   "wire or oral" each place it appears
                   (including in any section heading) and
                   inserting "wire, oral, or electronic" in
                   lieu thereof; and
                      (B)in section 2511(2)(b), by
                   inserting "or electronic" after "wire".
                   (2)The heading of chapter 119 of title
                   18, United States Code, is amended by
                   inserting "and electronic
                   communications" after "wire".
                   (3)The item relating to chapter 119 in
                   the table of chapters at the beginning
                   of part I of title 18 of the United
                   States Code is amended by inserting "and
                   electronic communications" after "Wire".
                   (4)Section 2510(5)(a) of title 18,
                   United States Code, is amended by
                   striking out "communications common
                   carrier" and inserting "provider of wire
                   or electronic communication service" in
                   lieu thereof.
                   (5)Section 2511(2)(a)(i) of title 18,
                   United States Code, is amended--
                      (A)by striking out "any communication
                   common carrier" and inserting "a
                   provider of wire or electronic
                   communication service" in lieu thereof;
                      (B)by striking out "of the carrier of
                   such communication" and inserting "of
                   the provider of that service" in lieu
                   thereof; and
                      (C)by striking out ": Provided, That
                    said communication common carriers",
                    except that a provider of wire
                    communication service to the public" in
                    lieu thereof.
                   (6)Section 2511(2)(a)(ii) of title 18,
                    United States Code, is amended--
                      (A)by striking out "communications
                    common carriers" and inserting
                    "providers of wire or electronic
                    communication service" in lieu thereof;
                      (B)by striking out "communication
                    common carrier" each place it appears
                    and inserting "provider of wire or
                    electronic communication service" in
                    lieu thereof; and
                      (C)by striking out "if the common
                    carrier" and inserting "if such
                    provider" in lieu thereof.
                   (7)Section 2512(2)(a) of title 18,
                    United Code, is amended--
                      (A)by striking out a communications
                    common carrier" the first place it
                    appears and inserting "a provider of
                    wire or electronic communication
                    service" in lieu thereof; and
                      (B)by striking out "a communications
                    common carrier" the second place it
                    appears and inserting "such a provider"
                    in lieu thereof; and
     
     
     
    100 STAT. 1852       PUBLIC LAW 99-508--OCT. 21, 1986
     
     
                      (C)by striking out "communications
                   common carrier's business" and
                    inserting "business of providing that
                    wire or electronic communication
                    service" in lieu thereof.
                    (8)Section 2518(4) of title 18, United
                    States Code, is amended--
                      (A)by striking out "communication
                    common carrier" in both places it
                    appears and inserting "provider of wire
                    or electronic communications service"
                    in lieu thereof; and
                      (B)by striking out "carrier" and
                    inserting in lieu thereof "service
                    provider".
                   (d) PENALTIES MODIFICATION.--(1) Section
                    2511(1) of title 18, United States
                    Code, is amended by striking out "shall
                    be" and all that follows through "or
                    both" and inserting in lieu thereof
                    "shall be punished as provided in
                    subsection (4) or shall be subject to
                    suit as provided in subsection (5)".
                    (2)Section 2511 of title 18, United
                    States Code, is amended by adding after
                    the material added by section 102 the
                    following:
                   "(4)(a)Except as provided in paragraph
                    (b) of this subsection or in subsection
                    (5), whoever violates subsection (1) of
                    this section shall be fined  under the
                    title or imprisoned not more than five
                    years, or both.
                   "(b) If the offense is a first offense
                     under paragraph (a) of this subsection
                     and is not for a tortious or illegal
                     purpose or for purposes of direct or
                     indirect commercial advantage or
                     private commercial gain, and the wire
                     or electronic communication with
                     respect to which the offense under
                     paragraph (a) is a radio communication
                     that is not scrambled or encrypted,
                     then--
     
                      (C)by striking out "an order or
                     certification under this subparagraph"
                     and inserting in lieu thereof "a court
                     order or certification under this
                     chapter".
                     (2)Section 2511(2)(d) of title 18,
                     United States Code, is amended by
                     striking out "or for the purpose of
                     committing any other injurious act".
                     (3)Section 2511(2)(f) of title 18,
                     United States Code, is amended--
                     "(i) if the communication is not the
                     radio portion of a cellular telephone
                     communication, a public land mobile
                     radio service communication or a
                     paging service communication, and the
                     conduct is not that described in
                     subsection (5), the offender shall be
                     fined under this title or imprisoned
                     not more than one year. or both;and
                      "(ii)if the communication is the
                     radio portion of a cellular telephone
                     communication, a public land mobile
                     radio service communication or a
                     paging service communication, the
                     offender shall be fined not more than
                     $500.
                   "(c) Conduct otherwise an offense under
                     this subsection that consists of or
                     relates to the interception of a
                     satellite transmission that is not
                     encrypted or scrambled and that is
                     transmitted
                      "(i)to a broadcasting station for
                     purposes of retransmission to the
                     general public or
                      "(ii)as an audio subcarrier intended
                     for redistribution to facilities open
                     to the public, but not including data
                     transmissions or telephone calls,
                     is not an offense under this
                     subsection unless the conduct is for
                     the purposes of direct or indirect
                     commercial advantage or private
                     financial gain.
                   "(5)(a)(i) If the communication is--
                      "(A) a private satellite video
                     communication that is not scrambled or
                     encrypted and the
                     conduct in violation of this chapter
                     is the private
                     viewing of that communication and is
                     not for a tortious
                     or illegal purpose or for purposes of
                     direct or indirect    commercial
                     advantage or private commercial gain;
                     or,
                      "(B)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 in violation
                     of this chapter is not for
     
     
     
    100 STAT. 1853       PUBLIC LAW 99-508--OCT.21,1986
     
     
                    a tortious or illegal purpose or for
                    purposes of direct or indirect
                    commercial advantage or private
                    commercial gain,
                    then the person who engages in such
                    conduct shall be subject to suit by the
                    Federal Government in a court of
                    competent jurisdiction.
                      "(i)In an action under this
                    subsection--
                          "(A) if the violation of this
                    chapter is a first offense for the
                    person under paragraph (a) of
                    subsection (4) and such person has not
                    been found liable in a civil action
                    under section 2520 of this title, the
Infra.              Federal Government shall be entitled to
                    appropriate injunctive relief; and
                          "(B) if the violation of this
                    chapter is a second or subsequent
                    offense under paragraph (a) of
                    subsection (4) or such person has been
                    found liable in any prior civil action
                    under section 2520, the person shall be
                    subject to a mandatory $500 civil fine.
                      "(b) The court may use any means
                    within its authority to enforce an
                    injunction issued under paragraph
                    (i)(A), and shall impose a civil fine
                    of not less than $500 for each
                    violation of such an injunction.".
                      (e) EXCLUSIVITY OF REMEDIES WITH
                    RESPECT TO ELECTRONIC
                    COMMUNICATIONS--Section 2518(10) of
                    title 18, United States Code, is
                    amended by adding at the end the
                    following:
                      (c)The remedies and sanctions
                    described in this chapter with respect
                    to the interception of electronic
                    communications are the only judicial
                    remedies and sanctions for
                    nonconstitutional violations of this
                    chapter involving such communications".
                      (f)STATE OF MIND.--Paragraphs
                    (a),(b),(c), and (d) of subsection (1)
                    of section 2511 of title 18, United
                    States Code, are amended by striking
                    out "willfully" and inserting in lieu
                    thereof"intentionally".
                      (2)Subsection (1) of section 2512 of
                    title 18, United States Code, is
                    amended in the matter before paragraph
                    (a) by striking out "willfully" and
                    inserting in lieu thereof
                    "intentionally".
     
SEC. 102. REQUIREMENTS FOR CERTAIN DISCLOSURES.
     
                      Section 2511 of title 18, United
                     States Code, is amended by adding at
                     the end of the following:
                     "(3)(a) Except as provided in
                     paragraph (b) of this subsection, a
                     person or entity providing an
                     electronic communication service to
                     the public shall not intentionally
                     divulge the contents of any
                     communication (other than one to such
                     person or entity, or an agent thereof)
                     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

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