§ 2510. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2510]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 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;
(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;
(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.\1\
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\1\ So in original. The period probably should be a semicolon.
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(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
provider of wire or electronic communication service 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 that 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'' has the meaning given that
term in section 3 of the Communications Act of 1934;
(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) any wire or oral communication;
(B) any communication made through a tone-only paging
device;
(C) any communication from a tracking device (as defined in
section 3117 of this title); or
(D) electronic funds transfer information stored by a
financial institution in a communications system used for the
electronic storage and transfer of funds;
(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 wire or 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;
(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;
(19) ``foreign intelligence information'', for purposes of
section 2517(6) of this title, means--
(A) information, whether or not concerning a United States
person, that relates to the ability of the United States to
protect against--
(i) actual or potential attack or other grave hostile
acts of a foreign power or an agent of a foreign power;
(ii) sabotage or international terrorism by a foreign
power or an agent of a foreign power; or
(iii) clandestine intelligence activities by an
intelligence service or network of a foreign power or by an
agent of a foreign power; or
(B) information, whether or not concerning a United States
person, with respect to a foreign power or foreign territory
that relates to--
(i) the national defense or the security of the United
States; or
(ii) the conduct of the foreign affairs of the United
States;
(20) ``protected computer'' has the meaning set forth in section
1030; and
(21) ``computer trespasser''--
(A) means a person who accesses a protected computer without
authorization and thus has no reasonable expectation of privacy
in any communication transmitted to, through, or from the
protected computer; and
(B) does not include a person known by the owner or operator
of the protected computer to have an existing contractual
relationship with the owner or operator of the protected
computer for access to all or part of the protected computer.
(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,
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 December 31, 2005.
``(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.
Section Referred to in Other Sections
This section is referred to in sections 2517, 2711, 3103a, 3127,
3504 of this title; title 15 section 1114; title 27 section 122b; title
42 section 13032; title 47 section 1001.
