|
U.S. Code as of:
01/19/04
Section 2517. Authorization for disclosure and use of intercepted wire, oral, or electronic communications
(1) Any investigative or law enforcement officer who, by any
means authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication, or
evidence derived therefrom, may disclose such contents to another
investigative or law enforcement officer to the extent that such
disclosure is appropriate to the proper performance of the official
duties of the officer making or receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any
means authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication or evidence
derived therefrom may use such contents to the extent such use is
appropriate to the proper performance of his official duties.
(3) Any person who has received, by any means authorized by this
chapter, any information concerning a wire, oral, or electronic
communication, or evidence derived therefrom intercepted in
accordance with the provisions of this chapter may disclose the
contents of that communication or such derivative evidence while
giving testimony under oath or affirmation in any proceeding held
under the authority of the United States or of any State or
political subdivision thereof.
(4) No otherwise privileged wire, oral, or electronic
communication intercepted in accordance with, or in violation of,
the provisions of this chapter shall lose its privileged character.
(5) When an investigative or law enforcement officer, while
engaged in intercepting wire, oral, or electronic communications in
the manner authorized herein, intercepts wire, oral, or electronic
communications relating to offenses other than those specified in
the order of authorization or approval, the contents thereof, and
evidence derived therefrom, may be disclosed or used as provided in
subsections (1) and (2) of this section. Such contents and any
evidence derived therefrom may be used under subsection (3) of this
section when authorized or approved by a judge of competent
jurisdiction where such judge finds on subsequent application that
the contents were otherwise intercepted in accordance with the
provisions of this chapter. Such application shall be made as soon
as practicable.
(6) Any investigative or law enforcement officer, or attorney for
the Government, who by any means authorized by this chapter, has
obtained knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose such
contents to any other Federal law enforcement, intelligence,
protective, immigration, national defense, or national security
official to the extent that such contents include foreign
intelligence or counterintelligence (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), or foreign
intelligence information (as defined in subsection (19) of section
2510 of this title), to assist the official who is to receive that
information in the performance of his official duties. Any Federal
official who receives information pursuant to this provision may
use that information only as necessary in the conduct of that
person's official duties subject to any limitations on the
unauthorized disclosure of such information.
(7) Any investigative or law enforcement officer, or other
Federal official in carrying out official duties as such Federal
official, who by any means authorized by this chapter, has obtained
knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose such
contents or derivative evidence to a foreign investigative or law
enforcement officer to the extent that such disclosure is
appropriate to the proper performance of the official duties of the
officer making or receiving the disclosure, and foreign
investigative or law enforcement officers may use or disclose such
contents or derivative evidence to the extent such use or
disclosure is appropriate to the proper performance of their
official duties.
(8) Any investigative or law enforcement officer, or other
Federal official in carrying out official duties as such Federal
official, who by any means authorized by this chapter, has obtained
knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose such
contents or derivative evidence to any appropriate Federal, State,
local, or foreign government official to the extent that such
contents or derivative evidence reveals a threat of actual or
potential attack or other grave hostile acts of a foreign power or
an agent of a foreign power, domestic or international sabotage,
domestic or international terrorism, or clandestine intelligence
gathering activities by an intelligence service or network of a
foreign power or by an agent of a foreign power, within the United
States or elsewhere, for the purpose of preventing or responding to
such a threat. Any official who receives information pursuant to
this provision may use that information only as necessary in the
conduct of that person's official duties subject to any limitations
on the unauthorized disclosure of such information, and any State,
local, or foreign official who receives information pursuant to
this provision may use that information only consistent with such
guidelines as the Attorney General and Director of Central
Intelligence shall jointly issue.
|
|