Notes on 18 U.S.C. § 2519 : US Code - Notes

Search Notes on 18 U.S.C. § 2519 : US Code - Notes

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
222; amended Pub. L. 95-511, title II, Sec. 201(h), Oct. 25, 1978,
92 Stat. 1798; Pub. L. 99-508, title I, Secs. 101(c)(1)(A),
106(d)(4), Oct. 21, 1986, 100 Stat. 1851, 1857; Pub. L. 106-197,
Sec. 2(a), May 2, 2000, 114 Stat. 247.)
AMENDMENTS
2000 - Par. (2)(b)(iv), (v). Pub. L. 106-197 added cl. (iv) and
redesignated former cl. (iv) as (v).
1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire,
oral, or electronic" for "wire or oral" in section catchline.
Par. (1)(b). Pub. L. 99-508, Sec. 106(d)(4), inserted "(including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this
title did not apply by reason of section 2518(11) of this title)".
Par. (3). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire,
oral, or electronic" for "wire or oral".
1978 - Par. (3). Pub. L. 95-511 inserted "pursuant to this
chapter" after "wire or oral communications" and "granted or
denied".
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,
1986, and, in case of conduct pursuant to court order or extension,
applicable only with respect to court orders and extensions made
after such date, with special rule for State authorizations of
interceptions, see section 111 of Pub. L. 99-508, set out as a note
under section 2510 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 401 of Pub. L. 95-511, set out
as an Effective Date note under section 1801 of Title 50, War and
National Defense.
REPORT ON USE OF DCS 1000 (CARNIVORE) TO IMPLEMENT ORDERS UNDER
SECTION 2518
Pub. L. 107-273, div. A, title III, Sec. 305(b), Nov. 2, 2002,
116 Stat. 1782, provided that: "At the same time that the Attorney
General, or Assistant Attorney General specially designated by the
Attorney General, submits to the Administrative Office of the
United States Courts the annual report required by section 2519(2)
of title 18, United States Code, that is respectively next due
after the end of each of the fiscal years 2002 and 2003, the
Attorney General shall also submit to the Chairmen and ranking
minority members of the Committees on the Judiciary of the Senate
and of the House of Representatives a report, covering the same
respective time period, that contains the following information
with respect to those orders described in that annual report that
were applied for by law enforcement agencies of the Department of
Justice and whose implementation involved the use of the DCS 1000
program (or any subsequent version of such program) -
"(1) the kind of order or extension applied for (including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of title
18, United States Code, did not apply by reason of section 2518
(11) of title 18);
"(2) the period of interceptions authorized by the order, and
the number and duration of any extensions of the order;
"(3) the offense specified in the order or application, or
extension of an order;
"(4) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application;
"(5) the nature of the facilities from which or place where
communications were to be intercepted;
"(6) a general description of the interceptions made under such
order or extension, including -
"(A) the approximate nature and frequency of incriminating
communications intercepted;
"(B) the approximate nature and frequency of other
communications intercepted;
"(C) the approximate number of persons whose communications
were intercepted;
"(D) the number of orders in which encryption was encountered
and whether such encryption prevented law enforcement from
obtaining the plain text of communications intercepted pursuant
to such order; and
"(E) the approximate nature, amount, and cost of the manpower
and other resources used in the interceptions;
"(7) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which arrests
were made;
"(8) the number of trials resulting from such interceptions;
"(9) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
"(10) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
"(11) the specific persons authorizing the use of the DCS 1000
program (or any subsequent version of such program) in the
implementation of such order."
ENCRYPTION REPORTING REQUIREMENTS
Pub. L. 106-197, Sec. 2(b), May 2, 2000, 114 Stat. 247, provided
that: "The encryption reporting requirement in subsection (a)
[amending this section] shall be effective for the report
transmitted by the Director of the Administrative Office of the
Courts for calendar year 2000 and in subsequent reports."