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8 1304. Broadcasting lottery information

Whoever broadcasts by means of any radio station for which a license is required by any law of the United States, or whoever, operating any such station, knowingly permits the broadcasting of, any advertisement of or information concerning any lottery, gift, enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift, enterprise, or scheme, whether said list contains any part or all of such prizes, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Each day's broadcasting shall constitute a separate offense.3 8 1307. State-conducted lotteries

(a) The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to an advertisement, list of prizes, or information concerning a lottery conducted by a State acting under the authority of State law

(1) contained in a newspaper published in that State, or

(2) broadcast by a radio or television station licensed to a lo cation in that State or an adjacent State which conducts such a

lottery. (b) The provisions of sections 1301, 1302, and 1303 shall not apply to the transportation or mailing

(1) to addresses within a State of equipment, tickets, or material concerning a lottery which is conducted by that State acting under the authority of State law; or

(2) to an addressee within a foreign country of equipment, tickets, or material designed to be used within that foreign country in a lottery which is authorized by the law of that for

eign country. (c) For the purposes of this section (1) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and (2) "foreign country" means any empire, country, dominion,

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3 June 25, 1948, ch. 645, 62 Stat. 763.

* Section 1307(b) was amended by Public Law 96-90, 93 Stat. 698, Oct. 23, 1979. The subsection formerly read as follows:

(6) The provisions of sections 1301, 1302, and 1303 shall not apply to the transportation or mailing to addresses within a State of tickets and other material concerning a lottery conducted by that State acting under authority of State law.

colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions).5

(d) For the purposes of this section "lottery" means the pooling of proceeds derived from the sale of tickets or chances and alloting those proceeds or parts thereof by chance to one or more chance takers or tickets purchasers. “Lottery”. does not include the placing or accepting of bets or wagers on sporting events or contests.

CHAPTER 63-MAIL FRAUD

(88 1341-1343) Sec. 1343. Fraud by wire, radio, or television. 8 1343. Fraud by wire, radio, or television?

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or televi. sion communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined not more than $1,000 or imprisoned not more than five years, or both.

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SEC. 303. INTERFERENCE WITH THE OPERATION OF A SATELLITE. 7a

(a) OFFENSE. Chapter 65 of title 18, United States Code, is amended by inserting at the end the following: “8 1367. Interference with the operation of a satellite

“(a) Whoever, without the authority of the satellite operator, intentionally or maliciously interferes with the authorized operation of a communications or weather satellite or obstructs or hinders any satellite transmission shall be fined in accordance with this title or imprisoned not more than ten years or both.

“(b) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or of an intelligence agency of the United States."

CHAPTER 71-OBSCENITY

(88 1461-1465) Sec. 1464. Broadcast obscene language.

5 Section 1307(c) was amended by Public Law 96-90, 93 Stat. 698, Oct. 23, 1979. The subsection formerly read as follows:

(c) For the purposes of this section State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

6 Added Jan. 2, 1975, 88 Stat. 916.

? Added July 16, 1952, Ch. 879, sec. 18(a), 66 Stat. 722, and amended July 11, 1956, Ch. 561, 70 Stat. 523.

1* Added by Public Law 99-508, 100 Stat. 1872, Oct. 21, 1986. (The Electronic Communications Privacy Act).

8 1464. Broadcasting obscene language 8

Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined not more than $10,000 or imprisoned not more than two years, or both. $$ 2151 through 2157 are concerned, in part, with sabotage to cer

tain communications facilities. (These sections are not reproduced here.)

CHAPTER 119— WIRE AND ELECTRONIC COMMUNICATIONS

INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATION 9

(88 2510-2520) Sec. 2510. Definitions. 2511. Interception and disclosure of wire, oral, or electronic communications prohib

ited. 2512. Manufacture, distribution, possession, and advertising of wire, oral, or elec

tronic communication intercepting devices prohibited. 2513. Confiscation of wire, oral, or electronic communication intercepting devices. (2514. REPEALED.) 2515. Prohibition of use as evidence of intercepted wire or oral communications. 2516. Authorization for interception of wire or oral communications. 2517. Authorization for disclosure and use of intercepted wire or oral communica

tions. 2518. Procedure for interception of wire or oral communications. 2519. Reports concerning intercepted wire or oral communications. 2520. Recovery of civil damages authorized. 2521. Injunction against illegal interception. 8 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 communications 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) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce and such term includes any electronic storage of such communication, but such term does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;

(2) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication;

8 June 25, 1948, Ch. 645, 62 Stat. 769.

• Chapter 119 was added by the Omnibus Crime Control and Safe Streets Act of 1968, Public Law 90-351, approved June 19, 1968, 82 Stat. 112, amended by Public Law 99-508, 100 Stat. 1848, Oct. 20, 1986 (the Electronic Communications Privacy Act of 1986).

عيضه میمهامه

(3) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States;

(4) "intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device;

(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 communication 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 business; or (ii) being used by a communications common carrier in the ordinary course of its business, or by an investigative 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, partnership, association, joint stock company, trust, or corporation;

(7) Investigative or law enforcement officer” 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 prosecution of such offenses;

(8) "contents”, when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of the communication; (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 authorizing interceptions of wire, oral, or

electronic communications; (10) “communication common carrier" shall have the same meaning which is given the term "common carrier" by section 153(h) of title 47 of the United States Code;

(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) the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;

(B) any wire or oral communication;

(C) any communication made through a tone-only paging device; or

(D) any communication from a tracking device (as defined in section 3117 of this title); (13) "user" means any person or entity who

(A) uses an electronic communication service; and

(B) is duly authorized by the provider of such service to engage in such use; (14) "electronic communications system” means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;

(15) “electronic communication service” means any service which provides to users thereof the ability to send or receive wire or electronic communications;

(16) "readily accessible to the general public" means, with respect to a radio communication, that such communication is not

(A) scrambled or encrypted;

(B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication;

(C) carried on a subcarrier or other signal subsidiary to a radio transmission;

(D) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or

(E) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice

communication by radio; (17) "electronic storage" means

(A) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and

(B) any storage of such communication by an electronic communication service for purposes of backup protection

of such communication; and (18) "aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception.

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