Notes on 18 U.S.C. § 2510 : US Code - Notes

Search Notes on 18 U.S.C. § 2510 : US Code - Notes

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
212; amended Pub. L. 99-508, title I, Sec. 101(a), (c)(1)(A), (4),
Oct. 21, 1986, 100 Stat. 1848, 1851; Pub. L. 103-414, title II,
Secs. 202(a), 203, Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104-
132, title VII, Sec. 731, Apr. 24, 1996, 110 Stat. 1303; Pub. L.
107-56, title II, Secs. 203(b)(2), 209(1), 217(1), Oct. 26, 2001,
115 Stat. 280, 283, 290; Pub. L. 107-108, title III, Sec. 314(b),
Dec. 28, 2001, 115 Stat. 1402; Pub. L. 107-273, div. B, title IV,
Sec. 4002(e)(10), Nov. 2, 2002, 116 Stat. 1810.)
AMENDMENT OF SECTION
For termination of amendment by Pub. L. 107-56, see Termination
Date of 2001 Amendment note below.
REFERENCES IN TEXT
Section 3 of the Communications Act of 1934, referred to in par.
(10), is classified to section 153 of Title 47, Telegraphs,
Telephones, and Radiotelegraphs.
AMENDMENTS
2002 - Par. (10). Pub. L. 107-273 substituted "has the meaning
given that term in section 3 of the Communications Act of 1934;"
for "shall have the same meaning which is given the term 'common
carrier' by section 153(h) of title 47 of the United States Code;".
2001 - Par. (1). Pub. L. 107-56, Secs. 209(1)(A), 224,
temporarily struck out "and such term includes any electronic
storage of such communication" before semicolon at end. See
Termination Date of 2001 Amendment note below.
Par. (14). Pub. L. 107-56, Secs. 209(1)(B), 224, temporarily
inserted "wire or" after "transmission of". See Termination Date of
2001 Amendment note below.
Par. (19). Pub. L. 107-108 inserted ", for purposes of section
2517(6) of this title," before "means" in introductory provisions.
Pub. L. 107-56, Secs. 203(b)(2), 224, temporarily added par.
(19). See Termination Date of 2001 Amendment note below.
Pars. (20), (21). Pub. L. 107-56, Secs. 217(1), 224, temporarily
added pars. (20) and (21). See Termination Date of 2001 Amendment
note below.
1996 - Par. (12)(D). Pub. L. 104-132, Sec. 731(1), added subpar.
(D).
Par. (16)(F). Pub. L. 104-132, Sec. 731(2), struck out subpar.
(F) which read as follows: "an electronic communication;".
1994 - Par. (1). Pub. L. 103-414, Sec. 202(a)(1), struck out
before semicolon at end ", 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".
Par. (12). Pub. L. 103-414, Sec. 202(a)(2), redesignated subpars.
(B) to (D) as (A) to (C), respectively, and struck out former
subpar. (A) which read as follows: "the radio portion of a cordless
telephone communication that is transmitted between the cordless
telephone handset and the base unit;".
Par. (16)(F). Pub. L. 103-414, Sec. 203, added subpar. (F).
1986 - Par. (1). Pub. L. 99-508, Sec. 101(a)(1), substituted "any
aural transfer" for "any communication", inserted "(including the
use of such connection in a switching station)" after "reception",
struck out "as a common carrier" after "person engaged", and
inserted "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" before the semicolon
at end.
Par. (2). Pub. L. 99-508, Sec. 101(a)(2), inserted ", but such
term does not include any electronic communication" before the
semicolon at end.
Par. (4). Pub. L. 99-508, Sec. 101(a)(3), inserted "or other"
after "aural" and ", electronic," after "wire".
Par. (5). Pub. L. 99-508, Sec. 101(a)(4), (c)(1)(A), (4),
substituted "wire, oral, or electronic" for "wire or oral" in
introductory provisions, substituted "provider of wire or
electronic communication service" for "communications common
carrier" in subpars. (a)(i) and (ii), and inserted "or furnished by
such subscriber or user for connection to the facilities of such
service and used in the ordinary course of its business" before the
semicolon in subpar. (a)(i).
Par. (8). Pub. L. 99-508, Sec. 101(a)(5), (c)(1)(A), substituted
"wire, oral, or electronic" for "wire or oral" and struck out
"identity of the parties to such communication or the existence,"
after "concerning the".
Pars. (9)(b), (11). Pub. L. 99-508, Sec. 101(c)(1)(A),
substituted "wire, oral, or electronic" for "wire or oral".
Pars. (12) to (18). Pub. L. 99-508, Sec. 101(a)(6), added pars.
(12) to (18).
TERMINATION DATE OF 2001 AMENDMENT
Pub. L. 107-56, title II, Sec. 224, Oct. 26, 2001, 115 Stat. 295,
as amended by Pub. L. 109-160, Sec. 1, Dec. 30, 2005, 119 Stat.
2957, provided that:
"(a) In General. - Except as provided in subsection (b), this
title [enacting section 2712 of this title, section 7210 of Title
22, Foreign Relations and Intercourse, and sections 403-5d, 1861,
and 1862 of Title 50, War and National Defense, amending this
section, sections 2511, 2516, 2517, 2520, 2702, 2703, 2707, 2711,
3103a, 3121, 3123, 3124, and 3127 of this title, sections 7203 and
7205 of Title 22, section 551 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs, sections 1803 to 1805, 1823, 1824, 1842, and
1843 of Title 50, and Rules 6 and 41 of the Federal Rules of
Criminal Procedure, repealing sections 1861 to 1863 of Title 50,
and enacting provisions set out as notes under sections 2517, and
3124 of this title and section 532 of Title 28, Judiciary and
Judicial Procedure] and the amendments made by this title (other
than sections 203(a), 203(c), 205, 208, 210, 211, 213, 216, 219,
221, and 222 [amending sections 2703, 3103a, 3121, 3123, 3124, 3127
of this title, sections 7203 and 7205 of Title 22, section 551 of
Title 47, section 1803 of Title 50, and Rules 6 and 41 of the
Federal Rules of Criminal Procedure], and the amendments made by
those sections) shall cease to have effect on February 3, 2006.
"(b) Exception. - With respect to any particular foreign
intelligence investigation that began before the date on which the
provisions referred to in subsection (a) cease to have effect, or
with respect to any particular offense or potential offense that
began or occurred before the date on which such provisions cease to
have effect, such provisions shall continue in effect."
EFFECTIVE DATE OF 1986 AMENDMENT
Section 111 of title I of Pub. L. 99-508 provided that:
"(a) In General. - Except as provided in subsection (b) or (c),
this title and the amendments made by this title [enacting sections
2521 and 3117 of this title, amending this section and sections
2232, 2511 to 2513, and 2516 to 2520 of this title, and enacting
provisions set out as notes under this section] shall take effect
90 days after the date of the enactment of this Act [Oct. 21, 1986]
and shall, in the case of conduct pursuant to a court order or
extension, apply only with respect to court orders or extensions
made after this title takes effect.
"(b) Special Rule for State Authorizations of Interceptions. -
Any interception pursuant to section 2516(2) of title 18 of the
United States Code which would be valid and lawful without regard
to the amendments made by this title shall be valid and lawful
notwithstanding such amendments if such interception occurs during
the period beginning on the date such amendments take effect and
ending on the earlier of -
"(1) the day before the date of the taking effect of State law
conforming the applicable State statute with chapter 119 of title
18, United States Code, as so amended; or
"(2) the date two years after the date of the enactment of this
Act [Oct. 21, 1986].
"(c) Effective Date for Certain Approvals by Justice Department
Officials. - Section 104 of this Act [amending section 2516 of this
title] shall take effect on the date of enactment of this Act [Oct.
21, 1986]."
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-112, Sec. 1, Nov. 21, 1997, 111 Stat. 2273, provided
that: "This Act [amending section 2512 of this title] may be cited
as the 'Law Enforcement Technology Advertisement Clarification Act
of 1997'."
SHORT TITLE OF 1986 AMENDMENT
Section 1 of Pub. L. 99-508 provided that: "This Act [enacting
sections 1367, 2521, 2701 to 2710, 3117, and 3121 to 3126 of this
title, amending sections 2232, 2511 to 2513, and 2516 to 2520 of
this title, and enacting provisions set out as notes under this
section and sections 2701 and 3121 of this title] may be cited as
the 'Electronic Communications Privacy Act of 1986'."
INTELLIGENCE ACTIVITIES
Section 107 of Pub. L. 99-508 provided that:
"(a) In General. - Nothing in this Act or the amendments made by
this Act [see Short Title of 1986 Amendment note above] constitutes
authority for the conduct of any intelligence activity.
"(b) Certain Activities Under Procedures Approved by the Attorney
General. - Nothing in chapter 119 or chapter 121 of title 18,
United States Code, shall affect the conduct, by officers or
employees of the United States Government in accordance with other
applicable Federal law, under procedures approved by the Attorney
General of activities intended to -
"(1) intercept encrypted or other official communications of
United States executive branch entities or United States
Government contractors for communications security purposes;
"(2) intercept radio communications transmitted between or
among foreign powers or agents of a foreign power as defined by
the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. 1801
et seq.]; or
"(3) access an electronic communication system used exclusively
by a foreign power or agent of a foreign power as defined by the
Foreign Intelligence Surveillance Act of 1978."
CONGRESSIONAL FINDINGS
Section 801 of Pub. L. 90-351 provided that: "On the basis of its
own investigations and of published studies, the Congress makes the
following findings:
"(a) Wire communications are normally conducted through the use
of facilities which form part of an interstate network. The same
facilities are used for interstate and intrastate communications.
There has been extensive wiretapping carried on without legal
sanctions, and without the consent of any of the parties to the
conversation. Electronic, mechanical, and other intercepting
devices are being used to overhear oral conversations made in
private, without the consent of any of the parties to such
communications. The contents of these communications and evidence
derived therefrom are being used by public and private parties as
evidence in court and administrative proceedings, and by persons
whose activities affect interstate commerce. The possession,
manufacture, distribution, advertising, and use of these devices
are facilitated by interstate commerce.
"(b) In order to protect effectively the privacy of wire and oral
communications, to protect the integrity of court and
administrative proceedings, and to prevent the obstruction of
interstate commerce, it is necessary for Congress to define on a
uniform basis the circumstances and conditions under which the
interception of wire and oral communications may be authorized, to
prohibit any unauthorized interception of such communications, and
the use of the contents thereof in evidence in courts and
administrative proceedings.
"(c) Organized criminals make extensive use of wire and oral
communications in their criminal activities. The interception of
such communications to obtain evidence of the commission of crimes
or to prevent their commission is an indispensable aid to law
enforcement and the administration of justice.
"(d) To safeguard the privacy of innocent persons, the
interception of wire or oral communications where none of the
parties to the communication has consented to the interception
should be allowed only when authorized by a court of competent
jurisdiction and should remain under the control and supervision of
the authorizing court. Interception of wire and oral communications
should further be limited to certain major types of offenses and
specific categories of crime with assurances that the interception
is justified and that the information obtained thereby will not be
misused."
NATIONAL COMMISSION FOR THE REVIEW OF FEDERAL AND STATE LAWS
RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE
Section 804 of Pub. L. 90-351, as amended by Pub. L. 91-452,
title XII, Sec. 1212, Oct. 15, 1970, 84 Stat. 961; Pub. L. 91-644,
title VI, Sec. 20, Jan. 2, 1971, 84 Stat. 1892; Pub. L. 93-609,
Secs. 1-4, Jan. 2, 1975, 88 Stat. 1972, 1973; Pub. L. 94-176, Dec.
23, 1975, 89 Stat. 1031, established a National Commission for the
Review of Federal and State Laws Relating to Wiretapping and
Electronic Surveillance, provided for its membership, Chairman,
powers and functions, compensation and allowances, required the
Commission to study and review the operation of the provisions of
this chapter to determine their effectiveness and to submit interim
reports and a final report to the President and to the Congress of
its findings and recommendations on or before Apr. 30, 1976, and
also provided for its termination sixty days after submission of
the final report.
(!1) So in original. The period probably should be a semicolon.