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.)


                            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, Sec. 209(1)(A), struck out "and
    such term includes any electronic storage of such communication"
    before semicolon at end.
      Par. (14). Pub. L. 107-56, Sec. 209(1)(B), inserted "wire or"
    after "transmission of".
      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, Sec. 203(b)(2), added par. (19).
      Pars. (20), (21). Pub. L. 107-56, Sec. 217(1), added pars. (20)
    and (21).
      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; Pub. L. 109-170, Sec. 1, Feb. 3, 2006, 120 Stat. 3, which
    provided that title II of Pub. L. 107-56 and the amendments made by
    that title would cease to have effect on Mar. 10, 2006, with
    certain exceptions, was repealed by Pub. L. 109-177, title I, Sec.
    102(a), Mar. 9, 2006, 120 Stat. 194.

                     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.

               

    (footnote 1) So in original. The period probably should be a semicolon.