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(v) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted. (h) It shall not be unlawful under this chapter

(i) to use a pen register or a trap and trace device (as those terms are defined for the purposes of chapter 206 (relating to pen registers and trap and trace devices) of this title); or

(ii) for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful or abusive use of such service.

(i)1 It shall not be unlawful under this chapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to, through, or from the protected computer, if

(I) the owner or operator of the protected computer authorizes the interception of the computer trespasser's communications on the protected computer;

(II) the person acting under color of law is lawfully engaged in an investigation;

(III) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser's communications will be relevant to the investigation; and

(IV) such interception does not acquire communications other than those transmitted to or from the computer trespasser.

(3)(a) Except as provided in paragraph (b) of this subsection, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.

(b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication

(i) as otherwise authorized in section 2511(2)(a) or 2517 of this title;

(ii) with the lawful consent of the originator or any addressee or intended recipient of such communication;

(iii) to a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or

(iv) which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency. (4)(a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than five years, or both.

1 Section 217(2) of Public Law 107–56 inserted this paragraph at the end of subsection (2). For the repeal of this amendment, see sunset provision in a footnote to section 2510(1).

(b) Conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted

(i) to a broadcasting station for purposes of retransmission to the general public; or

(ii) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data trans

missions or telephone calls, is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain. (5)(a)(i) If the communication is

(A) a private satellite video communication that is not scrambled or encrypted and the conduct in violation of this chapter is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or

(B) a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct in violation of this chapter is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private

commercial gain, then the person who engages in such conduct shall be subject to suit by the Federal Government in a court of competent jurisdiction.

(ii) In an action under this subsection

(A) if the violation of this chapter is a first offense for the person under paragraph (a) of subsection (4) and such person has not been found liable in a civil action under section 2520 of this title, the Federal Government shall be entitled to appropriate injunctive relief; and

(B) if the violation of this chapter is a second or subsequent offense under paragraph (a) of subsection (4) or such person has been found liable in any prior civil action under section 2520, the person shall be subject to a mandatory $500 civil fine.

(b) The court may use any means within its authority to enforce an injunction issued under paragraph (ii)(A), and shall impose a civil fine of not less than $500 for each violation of such an injunction. $ 2512. Manufacture, distribution, possession, and adver

tising 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 com

merce, 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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8 2513. Confiscation of wire, oral, or electronic communica

tion intercepting devices Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of section 2511 or section 2512 of this chapter may be seized and forfeited to the United States. All provisions of law relating to (1) the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with respect to seizure and forfeiture of electronic, mechanical, or other intercepting devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. [$ 2514. Immunity of witnesses-Repealed] $ 2515. Prohibition of use as evidence of intercepted wire or

oral communications Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter. 2516. Authorization for interception of wire, oral, or elec

tronic communications (1) The Attorney General, Deputy Attorney General, Associate Attorney General, or any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General or acting Deputy Assistant Attorney General in the Criminal Division specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant in conformity with section 2518 of this chapter an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or a Federal agency having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of

(a) any offense punishable by death or by imprisonment for more than one year under sections 2122 and 2274 through

2277 of title 42 of the United States Code (relating to the
enforcement of the Atomic Energy Act of 1954), section 2284 of
title 42 of the United States Code (relating to sabotage of nu-
clear facilities or fuel), or under the following chapters of this
title: chapter 37 (relating to espionage), chapter 55 (relating to
kidnapping), chapter 90 (relating to protection of trade se-
crets), chapter 105 (relating to sabotage), chapter 115 (relating
to treason), chapter 102 (relating to riots), chapter 65 (relating
to malicious mischief), chapter 111 (relating to destruction of
vessels), or chapter 81 (relating to piracy);

(b) a violation of section 186 or section 501(c) of title 29,
United States Code (dealing with restrictions on payments and
loans to labor organizations), or any offense which involves
murder, kidnapping, robbery, or extortion, and which is pun-
ishable under this title;

(c) any offense which is punishable under the following
sections of this title: section 201 (bribery of public officials and
witnesses), section 215 (relating to bribery of bank officials),
section 224 (bribery in sporting contests), subsection (d), (e), (f),
(g), (h), or (i) of section 844 (unlawful use of explosives), section
1032 (relating to concealment of assets), section 1084 (trans-
mission of wagering information), section 751 (relating to es-
cape), section 1014 (relating to loans and credit applications
generally; renewals and discounts), sections 1503, 1512, and
1513 (influencing or injuring an officer, juror, or witness gen-
erally), section 1510 Cobstruction of criminal investigations),
section 1511 (obstruction of State or local law enforcement),
section 1591 (sex trafficking of children by force, fraud, or coer-
cion), section 1751 (Presidential and Presidential staff assas-
sination, kidnapping, and assault), section 1951 (interference
with commerce by threats or violence), section 1952 (interstate
and foreign travel or transportation in aid of racketeering
enterprises), section 1958 (relating to use of interstate com-
merce facilities in the commission of murder for hire), section
1959 (relating to violent crimes in aid of racketeering activity),
section 1954 (offer, acceptance, or solicitation to influence oper-
ations of employee benefit plan), section 1955 (prohibition of
business enterprises of gambling), section 1956 (laundering of
monetary instruments), section 1957 (relating to engaging in
monetary transactions in property derived from specified un-
lawful activity), section 659 (theft from interstate shipment),
section 664 (embezzlement from pension and welfare funds),
section 1343 (fraud by wire, radio, or television), section 1344
(relating to bank fraud), sections 2251 and 2252 (sexual exploi-
tation of children), section 2251A (selling or buying of chil-
dren), section 2252A (relating to material constituting or con-
taining child pornography), section 1466A (relating to child ob-
scenity), section 2260 (production of sexually explicit depictions
of a minor for importation into the United States), sections
2421, 2422, 2423, and 2425 (relating to transportation for ille-
gal sexual activity and related crimes),sections 2312, 2313,
2314, and 2315 (interstate transportation of stolen property),
section 2321 (relating to trafficking in certain motor vehicles or
motor vehicle parts), section 1203 (relating to hostage taking),

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