18 U.S.C. § 2512 — Manufacture, distribution, possession, and

Page 636 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2512 Par. (3). Pub. L. 95–511, § 201(c), struck out par. (3) which provided that nothing in this chapter or section 605 of title 47 limited the President’s constitutional power to gather necessary intelligence to protect the national security and stated the conditions necessary for the reception into evidence and disclosure of com- munications intercepted by the President. 1970—Par. (2)(a). Pub. L. 91–358 designated existing provisions as cl. (i) and added cl. (ii). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendments by sections 101(c)(1) and 102(c)(1) of Pub. L. 110–261 effective July 10, 2008, except as otherwise provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of Title 50, War and National Defense, see section 402 of Pub. L. 110–261, set out as a note under section 1801 of Title 50. Pub. L. 110–261, title IV, § 403(b)(2), July 10, 2008, 122 Stat. 2474, as amended by Pub. L. 112–238, § 2(a)(2), Dec. 30, 2012, 126 Stat. 1631; Pub. L. 115–118, title II, § 201(a)(2), Jan. 19, 2018, 132 Stat. 19; Pub. L. 118–31, div. G, title IX, § 7902(a)(2), Dec. 22, 2023, 137 Stat. 1108; Pub. L. 118–49, § 19(a)(2), Apr. 20, 2024, 138 Stat. 891, provided that, ex- cept as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of Title 50, War and National Defense, the amendments made by section 403(b)(2) are effective two years after the date of enactment of the Reforming Intelligence and Securing America Act, Pub. L. 118–49, which was approved Apr. 20, 2024. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99–508, set out as a note under section 2510 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, see section 9(a) of Pub. L. 98–549, set out as an Effective Date note under section 521 of Title 47, Telecommunications. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–511 effective Oct. 25, 1978, except as specifically provided, see section 401 of Pub. L. 95–511, formerly set out as an Effective Date note under section 1801 of Title 50, War and National De- fense. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 901(a) of Pub. L. 91–358. § 2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic com- munication intercepting devices prohibited (1) Except as otherwise specifically provided in this chapter, any person who intentionally— (a) sends through the mail, or sends or car- ries in interstate or foreign commerce, any electronic, mechanical, or other device, know- ing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; (b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other de- vice, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic com- munications, and that such device or any com- ponent thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or (c) places in any newspaper, magazine, hand- bill, or other publication or disseminates by electronic means any advertisement of— (i) any electronic, mechanical, or other de- vice knowing or having reason to know that the design of such device renders it pri- marily useful for the purpose of the surrep- titious interception of wire, oral, or elec- tronic communications; or (ii) any other electronic, mechanical, or other device, where such advertisement pro- motes the use of such device for the purpose of the surreptitious interception of wire, oral, or electronic communications, knowing the content of the advertisement and knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce, shall be fined under this title or imprisoned not more than five years, or both. (2) It shall not be unlawful under this section for— (a) a provider of wire or electronic commu- nication service or an officer, agent, or em- ployee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service, or (b) an officer, agent, or employee of, or a person under contract with, the United States, a State, or a political subdivision thereof, in the normal course of the activities of the United States, a State, or a political subdivi- sion thereof, to send through the mail, send or carry in inter- state or foreign commerce, or manufacture, as- semble, possess, or sell any electronic, mechan- ical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surrep- titious interception of wire, oral, or electronic communications. (3) It shall not be unlawful under this section to advertise for sale a device described in sub- section (1) of this section if the advertisement is mailed, sent, or carried in interstate or foreign commerce solely to a domestic provider of wire or electronic communication service or to an agency of the United States, a State, or a polit- ical subdivision thereof which is duly authorized to use such device. (Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 214; amended Pub. L. 99–508, title I, § 101(c)(1)(A), (7), (f)(2), Oct. 21, 1986, 100 Stat. Page 637 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2515 1851, 1853; Pub. L. 103–322, title XXXIII, §§ 330016(1)(L), 330022, Sept. 13, 1994, 108 Stat. 2147, 2150; Pub. L. 104–294, title VI, § 604(b)(45), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 105–112, § 2, Nov. 21, 1997, 111 Stat. 2273; Pub. L. 107–296, title XXII, § 2207(f), formerly title II, § 225(f), Nov. 25, 2002, 116 Stat. 2158, renumbered § 2207(f), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.) Editorial Notes AMENDMENTS 2002—Par. (1)(c). Pub. L. 107–296, in introductory pro- visions, inserted ‘‘or disseminates by electronic means’’ after ‘‘or other publication’’ and, in concluding provi- sions, inserted ‘‘knowing the content of the advertise- ment and’’ before ‘‘knowing or having reason to know’’. 1997—Par. (3). Pub. L. 105–112 added par. (3). 1996—Par. (2). Pub. L. 104–294 amended directory lan- guage of Pub. L. 103–322, § 330022. See 1994 Amendment note below. 1994—Par. (1). Pub. L. 103–322, § 330016(1)(L), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in concluding provisions. Par. (2). Pub. L. 103–322, § 330022, as amended by Pub. L. 104–294, realigned margins of concluding provisions. 1986—Pub. L. 99–508, § 101(c)(1)(A), substituted ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’ in section catch- line. Par. (1). Pub. L. 99–508, § 101(c)(1)(A), (f)(2), substituted ‘‘intentionally’’ for ‘‘willfully’’ in introductory provi- sion and ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’ in subpars. (a), (b), and (c)(i), (ii). Par. (2)(a). Pub. L. 99–508, § 101(c)(7), substituted ‘‘a provider of wire or electronic communication service or’’ for ‘‘a communications common carrier or’’, ‘‘such a provider, in’’ for ‘‘a communications common carrier, in’’, and ‘‘business of providing that wire or electronic communication service’’ for ‘‘communications common carrier’s business’’. Par. (2)(b). Pub. L. 99–508, § 101(c)(1)(A), substituted ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99–508, set out as a note under section 2510 of this title. § 2513. Confiscation of wire, oral, or electronic communication intercepting devices Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of sec- tion 2511 or section 2512 of this chapter may be seized and forfeited to the United States. All provisions of law relating to (1) the seizure, summary and judicial forfeiture, and condemna- tion of vessels, vehicles, merchandise, and bag- gage for violations of the customs laws con- tained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, mer- chandise, and baggage or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, shall apply to sei- zures and forfeitures incurred, or alleged to have been incurred, under the provisions of this sec- tion, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, mer- chandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with re- spect to seizure and forfeiture of electronic, me- chanical, or other intercepting devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. (Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 215; amended Pub. L. 99–508, title I, § 101(c)(1)(A), Oct. 21, 1986, 100 Stat. 1851.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–508 substituted ‘‘wire, oral, or elec- tronic’’ for ‘‘wire or oral’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–508 effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99–508, set out as a note under section 2510 of this title. [§ 2514. Repealed. Pub. L. 91–452, title II, § 227(a), Oct. 15, 1970, 84 Stat. 930] Section, Pub. L. 90–351, title II, § 802, June 19, 1968, 82 Stat. 216, provided for immunity of witnesses giving testimony or producing evidence under compulsion in Federal grand jury or court proceedings. Subject mat- ter is covered in sections 6002 and 6003 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Sections 227(a) and 260 of Pub. L. 91–452 provided for repeal of this section effective four years following six- tieth day after date of enactment of Pub. L. 91–452, which was approved Oct. 15, 1970, such repeal not affect- ing any immunity to which any individual was entitled under this section by reason of any testimony or other information given before such date. See section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of this title. § 2515. Prohibition of use as evidence of inter- cepted wire or oral communications Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived there- from may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency,