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U.S. Code as of:
01/19/04
Section 2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
(1) Except as otherwise specifically provided in this chapter,
any person who intentionally -
(a) sends through the mail, or sends or carries in interstate
or foreign commerce, any electronic, mechanical, or other device,
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 communications;
(b) manufactures, assembles, possesses, or sells any
electronic, mechanical, or other device, 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 communications, and that such device or any
component thereof has been or will be sent through the mail or
transported in interstate or foreign commerce; or
(c) places in any newspaper, magazine, handbill, or other
publication or disseminates by electronic means any advertisement
of -
(i) any electronic, mechanical, or other device 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 communications; or
(ii) any other electronic, mechanical, or other device, where
such advertisement promotes 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 communication service or
an officer, agent, or employee 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 subdivision thereof,
to send through the mail, send or carry in interstate or foreign
commerce, or manufacture, assemble, possess, or sell any
electronic, mechanical, or other device 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 communications.
(3) It shall not be unlawful under this section to advertise for
sale a device described in subsection (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 political subdivision thereof which is duly authorized
to use such device.
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