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18 U.S.C. § 2522 — Enforcement of the Communications Assistance for Law Enforcement Act
Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement by Court Issuing Surveillance Order.—** If a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim) et seq.) or authorizing use of a pen register or a trap and trace device under chapter 206 or a State statute finds that a telecommunications carrier has failed to comply with the requirements of the Communications Assistance for Law Enforcement Act, the court may, in accordance with section 108 of such Act, direct that the carrier comply forthwith and may direct that a provider of support services to the carrier or the manufacturer of the carrier’s transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply.
**(b) Enforcement Upon Application by Attorney General.—** The Attorney General may, in a civil action in the appropriate United States district court, obtain an order, in accordance with section 108 of the Communications Assistance for Law Enforcement Act, directing that a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services comply with such Act.
**(c) Civil Penalty.—**
(1) **In general.—** — A court issuing an order under this section against a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services may impose a civil penalty of up to $10,000 per day for each day in violation after the issuance of the order or after such future date as the court may specify.
(2) **Considerations.—** — In determining whether to impose
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Source file: Laws/federal/codes/united-states-code/title-18/section-2522-enforcement-of-the-communications-assistance-for-law-enforcement-act--d70634c012.md
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Source location: Title 18, Chapter 119, § 2522; chapter-119-wire-and-electronic-communications-interception-and-interception-of-oral-communications.md
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**(a) Enforcement by Court Issuing Surveillance Order.—** If a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 ([50 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim) et seq.) or authorizing use of a pen register or a trap and trace device under chapter 206 or a State statute finds that a telecommunications carrier has failed to comply with the requirements of the Communications Assistance for Law Enforcement Act, the court may, in accordance with section 108 of such Act, direct that the carrier comply forthwith and may direct that a provider of support services to the carrier or the manufacturer of the carrier’s transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply.
**(b) Enforcement Upon Application by Attorney General.—** The Attorney General may, in a civil action in the appropriate United States district court, obtain an order, in accordance with section 108 of the Communications Assistance for Law Enforcement Act, directing that a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services comply with such Act.
**(c) Civil Penalty.—**
(1) **In general.—** — A court issuing an order under this section against a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services may impose a civil penalty of up to $10,000 per day for each day in violation after the issuance of the order or after such future date as the court may specify.
(2) **Considerations.—** — In determining whether to impose a civil penalty and in determining its amount, the court shall take into account—
(A) the nature, circumstances, and extent of the violation;
(B) the violator’s ability to pay, the violator’s good faith efforts to comply in a timely manner, any effect on the violator’s ability to continue to do business, the degree of culpability, and the length of any delay in undertaking efforts to comply; and
(C) such other matters as justice may require.
**(d) Definitions.—** As used in this section, the terms defined in section 102 of the Communications Assistance for Law Enforcement Act have the meanings provided, respectively, in such section.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
(1) The terms defined in [section 2510 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim) have, respectively, the meanings stated in that section.
(2) The term “call-identifying information” means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier.
(3) The term “Commission” means the Federal Communications Commission.
(4) The term “electronic messaging services” means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages.
(5) The term “government” means the government of the United States and any agency or instrumentality thereof, the District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance.
(6) The term “information services”—
(A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and
(B) includes—
(i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities;
(ii) electronic publishing; and
(iii) electronic messaging services; but
(C) does not include any capability for a telecommunications carrier’s internal management, control, or operation of its telecommunications network.
(7) The term “telecommuni
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
**(a)** “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons;
(6) an entity that is directed and controlled by a foreign government or governments; or
(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
**(b)** “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) Omitted
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in prepa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grounds for issuance** A court shall issue an order enforcing this subchapter under [section 2522 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2522&num=0&edition=prelim) only if the court finds that—
(1) alternative technologies or capabilities or the facilities of another carrier are not reasonably available to law enforcement for implementing the interception of communications or access to call-identifying information; and
(2) compliance with the requirements of this subchapter is reasonably achievable through the application of available technology to the equipment, facility, or service at issue or would have been reasonably achievable if timely action had been taken.
**(b) Time for compliance** Upon issuing an order enforcing this subchapter, the court shall specify a reasonable time and conditions for complying with its order, considering the good faith efforts to comply in a timely manner, any effect on the carrier’s, manufacturer’s, or service provider’s ability to continue to do business, the degree of culpability or delay in undertaking efforts to comply, and such other matters as justice may require.
**(c) Limitations** An order enforcing this subchapter may not—
(1) require a telecommunications carrier to meet the Government’s 11 So in original. Probably should not be capitalized. demand for interception of communications and acquisition of call-identifying information to any extent in excess of the capacity for which the Attorney General has agreed to reimburse such carrier;
(2) require any telecommunications carrier to comply with assistance capability requirement 22 So in original. Probably should be “requirements”. of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
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Federal law — U.S. Code and appendices · legal_authorities
Page 651
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2522
promptly initiate a proceeding to determine
whether disciplinary action against the officer
or employee is warranted. If the head of the de-
partment or agency involved determines that
disciplinary action is not warranted, he or she
shall notify the Inspector General with jurisdic-
tion over the department or agency concerned
and shall provide the Inspector General with the
reasons for such determination.
(g) IMPROPER DISCLOSURE IS VIOLATION.—Any
willful disclosure or use by an investigative or
law enforcement officer or governmental entity
of information beyond the extent permitted by
section 2517 is a violation of this chapter for
purposes of section 2520(a).
(Added Pub. L. 90–351, title III, § 802, June 19,
1968, 82 Stat. 223; amended Pub. L. 91–358, title
II, § 211(c), July 29, 1970, 84 Stat. 654; Pub. L.
99–508, title I, § 103, Oct. 21, 1986, 100 Stat. 1853;
Pub. L. 107–56, title II, § 223(a), Oct. 26, 2001, 115
Stat. 293; Pub. L. 107–296, title XXII, § 2207(e),
formerly title II, § 225(e), Nov. 25, 2002, 116 Stat.
2157, renumbered § 2207(e), Pub. L. 115–278,
§ 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178; Pub. L.
115–141, div. V, § 104(1)(B), Mar. 23, 2018, 132 Stat.
1216.)
Editorial Notes
AMENDMENTS
2018—Subsec. (d)(3). Pub. L. 115–141 amended par. (3)
generally. Prior to amendment, par. (3) read as follows:
‘‘a good faith determination that section 2511(3) or
2511(2)(i) of this title permitted the conduct complained
of;’’.
2002—Subsec. (d)(3). Pub. L. 107–296 inserted ‘‘or
2511(2)(i)’’ after ‘‘2511(3)’’.
2001—Subsec. (a). Pub. L. 107–56, § 223(a)(1), inserted
‘‘, other than the United States,’’ after ‘‘person or enti-
ty’’.
Subsecs. (f), (g). Pub. L. 107–56, § 223(a)(2), (3), a
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2522
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Federal law — U.S. Code and appendices · legal_authorities
Page 235
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1801
Sec.
1809.
Criminal sanctions.
1810.
Civil liability.
1810a.
Reporting requirements for civil actions.
1811.
Authorization during time of war.
1812.
Statement of exclusive means by which elec-
tronic surveillance and interception of cer-
tain communications may be conducted.
1813.
Procedures for the retention of incidentally
acquired communications.
SUBCHAPTER II—PHYSICAL SEARCHES
1821.
Definitions.
1822.
Authorization of physical searches for foreign
intelligence purposes.
1823.
Application for order.
1824.
Issuance of order.
1825.
Use of information.
1826.
Congressional oversight.
1827.
Penalties.
1828.
Civil liability.
1829.
Authorization during time of war.
SUBCHAPTER III—PEN REGISTERS AND TRAP
AND TRACE DEVICES FOR FOREIGN INTEL-
LIGENCE PURPOSES
1841.
Definitions.
1842.
Pen registers and trap and trace devices for
foreign intelligence and international ter-
rorism investigations.
1843.
Authorization during emergencies.
1844.
Authorization during time of war.
1845.
Use of information.
1846.
Congressional oversight.
SUBCHAPTER IV—ACCESS TO CERTAIN BUSINESS
RECORDS FOR FOREIGN INTELLIGENCE PUR-
POSES
1861.
Definitions.
1862.
Access to certain business records for foreign
intelligence and international terrorism in-
vestigations.
1863.
Congressional oversight.
1864.
Notification of changes to retention of call
detail record policies.
SUBCHAPTER V—OVERSIGHT
1871.
Semiannual report of the Attorney General.
1872.
Declassification of significant decisions, or-
ders, and opinions.
1873.
Annual reports.
1874.
Public reporting by persons subject to orders.
SUBCHAPTER VI—ADDITIONAL PROCEDURES RE-
GARDING
CERTAIN
PERSONS
OUTSIDE
THE
UNITED STATES
1881.
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