联邦窃听法

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Page 565 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2510
1
So in original. The period probably should be a semicolon.
Sec.
2513. Confiscation of wire, oral, or electronic com-
munication intercepting devices.
[2514. Repealed.]
2515. Prohibition of use as evidence of intercepted
wire or oral communications.
2516. Authorization for interception of wire, oral,
or electronic communications.
2517. Authorization for disclosure and use of inter-
cepted wire, oral, or electronic communica-
tions.
2518. Procedure for interception of wire, oral, or
electronic communications.
2519. Reports concerning intercepted wire, oral, or
electronic communications.
2520. Recovery of civil damages authorized.
2521. Injunction against illegal interception.
2522. Enforcement of the Communications Assist-
ance for Law Enforcement Act.
A
MENDMENTS
1994—Pub. L. 103–414, title II, § 201(b)(3), Oct. 25, 1994,
108 Stat. 4290, added item 2522.
1988—Pub. L. 100–690, title VII, § 7035, Nov. 18, 1988, 102
Stat. 4398, substituted ‘‘wire, oral, or electronic’’ for
‘‘wire or oral’’ in items 2511, 2512, 2513, 2516, 2517, 2518,
and 2519.
1986—Pub. L. 99–508, title I, §§ 101(c)(2), 110(b), Oct. 21,
1986, 100 Stat. 1851, 1859, inserted ‘‘AND ELECTRONIC
COMMUNICATIONS’’ in chapter heading and added
item 2521.
1970—Pub. L. 91–452, title II, § 227(b), Oct. 15, 1970, 84
Stat. 930, struck out item 2514 ‘‘Immunity of wit-
nesses’’, which section was repealed four years follow-
ing the sixtieth day after Oct. 15, 1970.
1968—Pub. L. 90–351, title III, § 802, June 19, 1968, 82
Stat. 212, added chapter 119 and items 2510 to 2520.
§ 2510. Definitions
As used in this chapter—
(1) ‘‘wire communication’’ means any aural
transfer made in whole or in part through the
use of facilities for the transmission of com-
munications by the aid of wire, cable, or other
like connection between the point of origin
and the point of reception (including the use
of such connection in a switching station) fur-
nished or operated by any person engaged in
providing or operating such facilities for the
transmission of interstate or foreign commu-
nications or communications affecting inter-
state or foreign commerce;
(2) ‘‘oral communication’’ means any oral
communication uttered by a person exhibiting
an expectation that such communication is
not subject to interception under circum-
stances justifying such expectation, but such
term does not include any electronic commu-
nication;
(3) ‘‘State’’ means any State of the United
States, the District of Columbia, the Common-
wealth of Puerto Rico, and any territory or
possession of the United States;
(4) ‘‘intercept’’ means the aural or other ac-
quisition of the contents of any wire, elec-
tronic, or oral communication through the use
of any electronic, mechanical, or other de-
vice.
1
(5) ‘‘electronic, mechanical, or other device’’
means any device or apparatus which can be
used to intercept a wire, oral, or electronic
communication other than—
(a) any telephone or telegraph instrument,
equipment or facility, or any component
thereof, (i) furnished to the subscriber or
user by a provider of wire or electronic com-
munication service in the ordinary course of
its business and being used by the subscriber
or user in the ordinary course of its business
or furnished by such subscriber or user for
connection to the facilities of such service
and used in the ordinary course of its busi-
ness; or (ii) being used by a provider of wire
or electronic communication service in the
ordinary course of its business, or by an in-
vestigative or law enforcement officer in the
ordinary course of his duties;
(b) a hearing aid or similar device being
used to correct subnormal hearing to not
better than normal;
(6) ‘‘person’’ means any employee, or agent
of the United States or any State or political
subdivision thereof, and any individual, part-
nership, association, joint stock company,
trust, or corporation;
(7) ‘‘Investigative or law enforcement offi-
cer’’ means any officer of the United States or
of a State or political subdivision thereof, who
is empowered by law to conduct investigations
of or to make arrests for offenses enumerated
in this chapter, and any attorney authorized
by law to prosecute or participate in the pros-
ecution of such offenses;
(8) ‘‘contents’’, when used with respect to
any wire, oral, or electronic communication,
includes any information concerning the sub-
stance, purport, or meaning of that commu-
nication;
(9) ‘‘Judge of competent jurisdiction’’
means—
(a) a judge of a United States district
court or a United States court of appeals;
and
(b) a judge of any court of general criminal
jurisdiction of a State who is authorized by
a statute of that State to enter orders au-
thorizing interceptions of wire, oral, or elec-
tronic communications;
(10) ‘‘communication common carrier’’ has
the meaning given that term in section 3 of
the Communications Act of 1934;
(11) ‘‘aggrieved person’’ means a person who
was a party to any intercepted wire, oral, or
electronic communication or a person against
whom the interception was directed;
(12) ‘‘electronic communication’’ means any
transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature
transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectronic or
photooptical system that affects interstate or
foreign commerce, but does not include—
(A) any wire or oral communication;
(B) any communication made through a
tone-only paging device;
(C) any communication from a tracking
device (as defined in section 3117 of this
title); or
(D) electronic funds transfer information
stored by a financial institution in a com-
munications system used for the electronic
storage and transfer of funds;
(13) ‘‘user’’ means any person or entity
who—
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