18 U.S.C. § 2511 — Interception and disclosure of wire, oral,

Page 632 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2511 ‘‘(d) To safeguard the privacy of innocent persons, the interception of wire or oral communications where none of the parties to the communication has con- sented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral com- munications should further be limited to certain major types of offenses and specific categories of crime with assurances that the interception is justified and that the information obtained thereby will not be misused.’’ NATIONAL COMMISSION FOR THE REVIEW OF FEDERAL AND STATE LAWS RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE Pub. L. 90–351, title III, § 804, June 19, 1968, 82 Stat. 223, as amended by Pub. L. 91–452, title XII, § 1212, Oct. 15, 1970, 84 Stat. 961; Pub. L. 91–644, title VI, § 20, Jan. 2, 1971, 84 Stat. 1892; Pub. L. 93–609, §§ 1–4, Jan. 2, 1975, 88 Stat. 1972, 1973; Pub. L. 94–176, Dec. 23, 1975, 89 Stat. 1031, established a National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance, provided for its membership, Chairman, powers and functions, compensation and al- lowances, required the Commission to study and review the operation of the provisions of this chapter to deter- mine their effectiveness and to submit interim reports and a final report to the President and to the Congress of its findings and recommendations on or before Apr. 30, 1976, and also provided for its termination sixty days after submission of the final report. § 2511. Interception and disclosure of wire, oral, or electronic communications prohibited (1) Except as otherwise specifically provided in this chapter any person who— (a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other de- vice to intercept any oral communication when— (i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire commu- nication; or (ii) such device transmits communications by radio, or interferes with the transmission of such communication; or (iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign com- merce; or (iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the oper- ations of which affect interstate or foreign commerce; or (B) obtains or is for the pur- pose of obtaining information relating to the operations of any business or other commer- cial establishment the operations of which affect interstate or foreign commerce; or (v) such person acts in the District of Co- lumbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; (c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the in- formation was obtained through the intercep- tion of a wire, oral, or electronic communica- tion in violation of this subsection; (d) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or (e)(i) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by sections 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter, (ii) knowing or having reason to know that the information was ob- tained through the interception of such a com- munication in connection with a criminal in- vestigation, (iii) having obtained or received the information in connection with a criminal investigation, and (iv) with intent to improp- erly obstruct, impede, or interfere with a duly authorized criminal investigation, shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5). (2)(a)(i) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose fa- cilities are used in the transmission of a wire or electronic communication, to intercept, dis- close, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire commu- nication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. (ii) Notwithstanding any other law, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical as- sistance to persons authorized by law to inter- cept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveil- lance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with— (A) a court order directing such assistance or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978 signed by the authorizing judge, or (B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assist- Page 633 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2511 ance required. No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveil- lance with respect to which the person has been furnished a court order or certification under this chapter, except as may otherwise be re- quired by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be ap- propriate. Any such disclosure, shall render such person liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any provider of wire or elec- tronic communication service, its officers, em- ployees, or agents, landlord, custodian, or other specified person for providing information, fa- cilities, or assistance in accordance with the terms of a court order, statutory authorization, or certification under this chapter. (iii) If a certification under subparagraph (ii)(B) for assistance to obtain foreign intel- ligence information is based on statutory au- thority, the certification shall identify the spe- cific statutory provision and shall certify that the statutory requirements have been met. (b) It shall not be unlawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of chapter 5 of title 47 of the United States Code, to intercept a wire or electronic communication, or oral com- munication transmitted by radio, or to disclose or use the information thereby obtained. (c) It shall not be unlawful under this chapter for a person acting under color of law to inter- cept a wire, oral, or electronic communication, where such person is a party to the communica- tion or one of the parties to the communication has given prior consent to such interception. (d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communica- tion where such person is a party to the commu- nication or where one of the parties to the com- munication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Con- stitution or laws of the United States or of any State. (e) Notwithstanding any other provision of this title or section 705 or 706 of the Communica- tions Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to con- duct electronic surveillance, as defined in sec- tion 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act. (f) Nothing contained in this chapter or chap- ter 121 or 206 of this title, or section 705 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Gov- ernment of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communica- tions system, utilizing a means other than elec- tronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in sec- tion 101 of such Act, and the interception of do- mestic wire, oral, and electronic communica- tions may be conducted. (g) It shall not be unlawful under this chapter or chapter 121 of this title for any person— (i) to intercept or access an electronic com- munication made through an electronic com- munication system that is configured so that such electronic communication is readily ac- cessible 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, ve- hicles, or persons in distress; (II) by any governmental, law enforce- ment, civil defense, private land mobile, or public safety communications system, in- cluding police and fire, readily accessible to the general public; (III) by a station operating on an author- ized frequency within the bands allocated to the amateur, citizens band, or general mo- bile radio services; or (IV) by any marine or aeronautical com- munications system; (iii) to engage in any conduct which— (I) is prohibited by section 633 of the Com- munications Act of 1934; or (II) is excepted from the application of sec- tion 705(a) of the Communications Act of 1934 by section 705(b) of that Act; (iv) to intercept any wire or electronic com- munication the transmission of which is caus- ing harmful interference to any lawfully oper- ating station or consumer electronic equip- ment, 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 provi- sion or the use of such system, if such commu- nication is not scrambled or encrypted. (h) It shall not be unlawful under this chap- ter— (i) to use a pen register or a trap and trace device (as those terms are defined for the pur- poses of chapter 206 (relating to pen registers and trap and trace devices) of this title); or (ii) for a provider of electronic communica- tion 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 commu- nication, or a user of that service, from fraud- ulent, unlawful or abusive use of such service. (i) It shall not be unlawful under this chapter for a person acting under color of law to inter- Page 634 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2511 cept the wire or electronic communications of a computer trespasser transmitted to, through, or from the protected computer, if— (I) the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer; (II) the person acting under color of law is lawfully engaged in an investigation; (III) the person acting under color of law has reasonable grounds to believe that the con- tents of the computer trespasser’s communica- tions will be relevant to the investigation; and (IV) such interception does not acquire com- munications other than those transmitted to or from the computer trespasser. (j) It shall not be unlawful under this chapter for a provider of electronic communication serv- ice to the public or remote computing service to intercept or disclose the contents of a wire or electronic communication in response to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Con- gress satisfies section 2523. (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 per- son or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended re- cipient 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 di- vulge 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 com- munication to its destination; or (iv) which were inadvertently obtained by the service provider and which appear to per- tain to the commission of a crime, if such di- vulgence is made to a law enforcement agency. (4)(a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever vio- lates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both. (b) 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 trans- mitted— (i) to a broadcasting station for purposes of retransmission to the general public; or (ii) as an audio subcarrier intended for redis- tribution 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 indi- rect 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 pri- vate 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 trans- mitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Com- munications Commission that is not scram- bled or encrypted and the conduct in violation of this chapter is not for 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 Govern- ment in a court of competent jurisdiction. (ii) 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 Federal Government shall be entitled to appropriate injunctive relief; and (B) if the violation of this chapter is a sec- ond 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 manda- tory $500 civil fine. (b) The court may use any means within its authority to enforce an injunction issued under paragraph (ii)(A), and shall impose a civil fine of not less than $500 for each violation of such an injunction. (Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 213; amended Pub. L. 91–358, title II, § 211(a), July 29, 1970, 84 Stat. 654; Pub. L. 95–511, title II, § 201(a)–(c), Oct. 25, 1978, 92 Stat. 1796, 1797; Pub. L. 98–549, § 6(b)(2), Oct. 30, 1984, 98 Stat. 2804; Pub. L. 99–508, title I, §§ 101(b), (c)(1), (5), (6), (d), (f)[(1)], 102, Oct. 21, 1986, 100 Stat. 1849, 1851–1853; Pub. L. 103–322, title XXXII, § 320901, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2123, 2147; Pub. L. 103–414, title II, §§ 202(b), 204, 205, Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104–294, title VI, § 604(b)(42), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 107–56, title II, §§ 204, 217(2), Oct. 26, 2001, 115 Stat. 281, 291; Pub. L. 107–296, title XXII, § 2207(h)(2), (j)(1), formerly title II, § 225(h)(2), (j)(1), Nov. 25, 2002, 116 Stat. 2158, renumbered § 2207(h)(2), (j)(1), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 110–261, title I, §§ 101(c)(1), 102(c)(1), title IV, § 403(b)(2)(C), July 10, 2008, 122 Stat. 2459, 2474; Pub. L. 115–141, div. V, § 104(1)(A), Mar. 23, 2018, 132 Stat. 1216.) AMENDMENT OF PARAGRAPH (2)(a)(ii)(A) 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, provided that, except as pro- vided in section 404 of Pub. L. 110–261, set out as a note under section 1801 of Title 50, War and National Defense, effective two years after Page 635 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2511 Apr. 20, 2024, paragraph (2)(a)(ii)(A) of this sec- tion is amended by striking ‘‘or a court order pursuant to section 704 of the Foreign Intel- ligence Surveillance Act of 1978’’. Editorial Notes REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, re- ferred to in par. (2)(e), (f), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. Sections 101 and 704 of the Foreign Intelligence Surveil- lance Act of 1978, referred to in par. (2)(a)(ii), (e), and (f), are classified to sections 1801 and 1881c of Title 50, respectively. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables. Sections 633, 705, and 706 of the Communications Act of 1934, referred to in par. (2)(e), (f), (g)(iii), are classi- fied to sections 553, 605, and 606 of Title 47, Tele- communications, respectively. AMENDMENTS 2018—Par. (2)(j). Pub. L. 115–141 added subpar. (j). 2008—Par. (2)(a)(ii)(A). Pub. L. 110–261, § 101(c)(1), in- serted ‘‘or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978’’ after ‘‘assistance’’. Par. (2)(a)(iii). Pub. L. 110–261, § 102(c)(1), added cl. (iii). 2002—Par. (2)(a)(ii). Pub. L. 107–296, § 2207(h)(2), for- merly § 225(h)(2), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted ‘‘, statutory authorization,’’ after ‘‘terms of a court order’’ in concluding provisions. Par. (4)(b), (c). Pub. L. 107–296, § 2207(j)(1), formerly § 225(j)(1), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), redesignated subpar. (c) as (b) and struck out former subpar. (b) which read as follows: ‘‘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 commu- nication with respect to which the offense under para- graph (a) is a radio communication that is not scram- bled, encrypted, or transmitted using modulation tech- niques the essential parameters of which have been withheld from the public with the intention of pre- serving the privacy of such communication, then— ‘‘(i) if the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted be- tween the cordless telephone handset and the base unit, a public land mobile radio service communica- tion or a paging service communication, and the con- duct is not that described in subsection (5), the of- fender 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 cordless tele- phone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication or a paging service communication, the offender shall be fined under this title.’’ 2001—Par. (2)(f). Pub. L. 107–56, § 204, substituted ‘‘this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934’’ for ‘‘this chapter or chapter 121, or section 705 of the Communications Act of 1934’’ and ‘‘wire, oral, and electronic communica- tions’’ for ‘‘wire and oral communications’’. Par. (2)(i). Pub. L. 107–56, § 217(2), added subpar. (i). 1996—Par. (1)(e)(i). Pub. L. 104–294 substituted ‘‘sec- tions 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter’’ for ‘‘sections 2511(2)(A)(ii), 2511(b)–(c), 2511(e), 2516, and 2518 of this subchapter’’. 1994—Par. (1)(e). Pub. L. 103–322, § 320901, added par. (1)(e). Par. (2)(a)(i). Pub. L. 103–414, § 205, inserted ‘‘or elec- tronic’’ after ‘‘transmission of a wire’’. Par. (4)(b). Pub. L. 103–414, § 204, in introductory pro- visions substituted ‘‘, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the in- tention of preserving the privacy of such communica- tion, then’’ for ‘‘or encrypted, then’’. Par. (4)(b)(i). Pub. L. 103–414, § 202(b)(1), inserted ‘‘a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,’’ after ‘‘cellular telephone communication,’’. Par. (4)(b)(ii). Pub. L. 103–414, § 202(b)(2), inserted ‘‘a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,’’ after ‘‘cellular telephone communication,’’. Pub. L. 103–322, § 330016(1)(G), substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. 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), (d)(1), (f)[(1)], substituted ‘‘intentionally’’ for ‘‘willfully’’ in subpars. (a) to (d) and ‘‘wire, oral, or electronic’ for ‘‘wire or oral’’ wherever appearing in subpars. (a), (c), and (d), and in concluding provisions substituted ‘‘shall be pun- ished as provided in subsection (4) or shall be subject to suit as provided in subsection (5)’’ for ‘‘shall be fined not more than $10,000 or imprisoned not more than five years, or both’’. Par. (2)(a)(i). Pub. L. 99–508, § 101(c)(5), substituted ‘‘a provider of wire or electronic communication service’’ for ‘‘any communication common carrier’’ and ‘‘of the provider of that service, except that a provider of wire communication service to the public’’ for ‘‘of the car- rier of such communication: Provided, That said com- munication common carriers’’. Par. (2)(a)(ii). Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted ‘‘providers of wire or electronic commu- nication service’’ for ‘‘communication common car- riers’’, ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’, ‘‘if such provider’’ for ‘‘if the common carrier’’, ‘‘provider of wire or electronic communication service’’ for ‘‘com- munication common carrier’’ wherever appearing, ‘‘such disclosure’’ for ‘‘violation of this subparagraph by a communication common carrier or an officer, em- ployee, or agent thereof’’, ‘‘render such person liable’’ for ‘‘render the carrier liable’’, and ‘‘a court order or certification under this chapter’’ for ‘‘an order or cer- tification under this subparagraph’’ in two places. Par. (2)(b). Pub. L. 99–508, § 101(c)(1)(B), inserted ‘‘or electronic’’ after ‘‘wire’’. Par. (2)(c). Pub. L. 99–508, § 101(c)(1)(A), substituted ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’. Par. (2)(d). Pub. L. 99–508, § 101(b)(2), (c)(1)(A), sub- stituted ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’ and struck out ‘‘or for the purpose of committing any other injurious act’’ after ‘‘of any State’’. Par. (2)(f). Pub. L. 99–508, § 101(b)(3), inserted ‘‘or chapter 121’’ in two places and substituted ‘‘foreign communications, or foreign intelligence activities con- ducted in accordance with otherwise applicable Federal law involving a foreign electronic communications sys- tem, utilizing a means’’ for ‘‘foreign communications by a means’’. Par. (2)(g), (h). Pub. L. 99–508, § 101(b)(4), added sub- pars. (g) and (h). Par. (3). Pub. L. 99–508, § 102, added par. (3). Pars. (4), (5). Pub. L. 99–508, § 101(d)(2), added pars. (4) and (5). 1984—Par. (2)(e). Pub. L. 98–549, § 6(b)(2)(A), sub- stituted ‘‘section 705 or 706’’ for ‘‘section 605 or 606’’. Par. (2)(f). Pub. L. 98–549, § 6(b)(2)(B), substituted ‘‘section 705’’ for ‘‘section 605’’. 1978—Par. (2)(a)(ii). Pub. L. 95–511, § 201(a), substituted provisions authorizing communication common car- riers etc., to provide information to designated persons, prohibiting disclosure of intercepted information, and rendering violators civilly liable for provision exempt- ing communication common carriers from criminality for giving information to designated officers. Par. (2)(e), (f). Pub. L. 95–511, § 201(b), added par. (2)(e) and (f). 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.