Laws: Cases and Codes : U.S. Code : Title 18 : Section 2511
|
U.S. Code as of:
01/19/04
Section 2511 - Notes
SOURCE
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
213; amended Pub. L. 91-358, title II, Sec. 211(a), July 29, 1970,
84 Stat. 654; Pub. L. 95-511, title II, Sec. 201(a)-(c), Oct. 25,
1978, 92 Stat. 1796, 1797; Pub. L. 98-549, Sec. 6(b)(2), Oct. 30,
1984, 98 Stat. 2804; Pub. L. 99-508, title I, Secs. 101(b), (c)(1),
(5), (6), (d), (f)[(1)], 102, Oct. 21, 1986, 100 Stat. 1849,
1851-1853; Pub. L. 103-322, title XXXII, Sec. 320901, title XXXIII,
Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2123, 2147; Pub. L.
103-414, title II, Secs. 202(b), 204, 205, Oct. 25, 1994, 108 Stat.
4290, 4291; Pub. L. 104-294, title VI, Sec. 604(b)(42), Oct. 11,
1996, 110 Stat. 3509; Pub. L. 107-56, title II, Secs. 204, 217(2),
Oct. 26, 2001, 115 Stat. 281, 291; Pub. L. 107-296, title II, Sec.
225(h)(2), (j)(1), Nov. 25, 2002, 116 Stat. 2158.)
AMENDMENT OF SECTION
For termination of amendment by Pub. L. 107-56, see Termination
Date of 2001 Amendment note below.
REFERENCES IN TEXT
The Foreign Intelligence Surveillance Act of 1978, referred to in
par. (2)(e), (f), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783,
which is classified principally to chapter 36 (Sec. 1801 et seq.)
of Title 50, War and National Defense. Section 101 of the Foreign
Intelligence Surveillance Act of 1978, referred to in par.
(2)(a)(ii), (e), and (f), is classified to section 1801 of Title
50. 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 classified to
sections 553, 605, and 606 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, respectively.
AMENDMENTS
2002 - Par. (2)(a)(ii). Pub. L. 107-296, Sec. 225(h)(2), inserted
", statutory authorization," after "terms of a court order" in
concluding provisions.
Par. (4)(b), (c). Pub. L. 107-296, Sec. 225(j)(1), 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 communication with
respect to which the offense under paragraph (a) is a radio
communication that is not scrambled, encrypted, or transmitted
using modulation techniques the essential parameters of which have
been withheld from the public with the intention of preserving 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 between the cordless telephone
handset and the base unit, 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 cordless telephone 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, Secs. 204, 224, temporarily
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 communications" for "wire and oral
communications". See Termination Date of 2001 Amendment note below.
Par. (2)(i). Pub. L. 107-56, Secs. 217(2), 224, temporarily added
subpar. (i). See Termination Date of 2001 Amendment note below.
1996 - Par. (1)(e)(i). Pub. L. 104-294 substituted "sections
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, Sec. 320901, added par.
(1)(e).
Par. (2)(a)(i). Pub. L. 103-414, Sec. 205, inserted "or
electronic" after "transmission of a wire".
Par. (4)(b). Pub. L. 103-414, Sec. 204, in introductory
provisions substituted ", encrypted, or transmitted using
modulation techniques the essential parameters of which have been
withheld from the public with the intention of preserving the
privacy of such communication, then" for "or encrypted, then".
Par. (4)(b)(i). Pub. L. 103-414, Sec. 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, Sec. 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, Sec. 330016(1)(G), substituted "fined under this
title" for "fined not more than $500".
1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire,
oral, or electronic" for "wire or oral" in section catchline.
Par. (1). Pub. L. 99-508, Sec. 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 punished 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, Sec. 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 carrier of such communication: Provided, That said
communication common carriers".
Par. (2)(a)(ii). Pub. L. 99-508, Sec. 101(b)(1), (c)(1)(A), (6),
substituted "providers of wire or electronic communication service"
for "communication common carriers", "wire, oral, or electronic"
for "wire or oral", "if such provider" for "if the common carrier",
"provider of wire or electronic communication service" for
"communication common carrier" wherever appearing, "such
disclosure" for "violation of this subparagraph by a communication
common carrier or an officer, employee, 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
certification under this subparagraph" in two places.
Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(B), inserted "or
electronic" after "wire".
Par. (2)(c). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted
"wire, oral, or electronic" for "wire or oral".
Par. (2)(d). Pub. L. 99-508, Sec. 101(b)(2), (c)(1)(A),
substituted "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, Sec. 101(b)(3), inserted "or chapter
121" in two places and substituted "foreign communications, or
foreign intelligence activities conducted in accordance with
otherwise applicable Federal law involving a foreign electronic
communications system, utilizing a means" for "foreign
communications by a means".
Par. (2)(g), (h). Pub. L. 99-508, Sec. 101(b)(4), added subpars.
(g) and (h).
Par. (3). Pub. L. 99-508, Sec. 102, added par. (3).
Pars. (4), (5). Pub. L. 99-508, Sec. 101(d)(2), added pars. (4)
and (5).
1984 - Par. (2)(e). Pub. L. 98-549, Sec. 6(b)(2)(A), substituted
"section 705 or 706" for "section 605 or 606".
Par. (2)(f). Pub. L. 98-549, Sec. 6(b)(2)(B), substituted
"section 705" for "section 605".
1978 - Par. (2)(a)(ii). Pub. L. 95-511, Sec. 201(a), substituted
provisions authorizing communication common carriers etc., to
provide information to designated persons, prohibiting disclosure
of intercepted information, and rendering violators civilly liable
for provision exempting communication common carriers from
criminality for giving information to designated officers.
Par. (2)(e), (f). Pub. L. 95-511, Sec. 201(b), added par. (2)(e)
and (f).
Par. (3). Pub. L. 95-511, Sec. 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 communications intercepted by the President.
1970 - Par. (2)(a). Pub. L. 91-358 designated existing provisions
as cl. (i) and added cl. (ii).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2513, 2516, 2520, 2702,
2707 of this title; title 50 section 1801.
|
Ads by FindLaw