§ 2517. — Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2517]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 2517. Authorization for disclosure and use of intercepted
wire, oral, or electronic communications
(1) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the contents of
any wire, oral, or electronic communication, or evidence derived
therefrom, may disclose such contents to another investigative or law
enforcement officer to the extent that such disclosure is appropriate to
the proper performance of the official duties of the officer making or
receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the contents of
any wire, oral, or electronic communication or evidence derived
therefrom may use such contents to the extent such use is appropriate to
the proper performance of his official duties.
(3) Any person who has received, by any means authorized by this
chapter, any information concerning a wire, oral, or electronic
communication, or evidence derived therefrom intercepted in accordance
with the provisions of this chapter may disclose the contents of that
communication or such derivative evidence while giving testimony under
oath or affirmation in any proceeding held under the authority of the
United States or of any State or political subdivision thereof.
(4) No otherwise privileged wire, oral, or electronic communication
intercepted in accordance with, or in violation of, the provisions of
this chapter shall lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged
in intercepting wire, oral, or electronic communications in the manner
authorized herein, intercepts wire, oral, or electronic communications
relating to offenses other than those specified in the order of
authorization or approval, the contents thereof, and evidence derived
therefrom, may be disclosed or used as provided in subsections (1) and
(2) of this section. Such contents and any evidence derived therefrom
may be used under subsection (3) of this section when authorized or
approved by a judge of competent jurisdiction where such judge finds on
subsequent application that the contents were otherwise intercepted in
accordance with the provisions of this chapter. Such application shall
be made as soon as practicable.
(6) Any investigative or law enforcement officer, or attorney for
the Government, who by any means authorized by this chapter, has
obtained knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose such contents
to any other Federal law enforcement, intelligence, protective,
immigration, national defense, or national security official to the
extent that such contents include foreign intelligence or
counterintelligence (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as
defined in subsection (19) of section 2510 of this title), to assist the
official who is to receive that information in the performance of his
official duties. Any Federal official who receives information pursuant
to this provision may use that information only as necessary in the
conduct of that person's official duties subject to any limitations on
the unauthorized disclosure of such information.
(7) Any investigative or law enforcement officer, or other Federal
official in carrying out official duties as such Federal official, who
by any means authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication, or evidence
derived therefrom, may disclose such contents or derivative evidence to
a foreign investigative or law enforcement officer to the extent that
such disclosure is appropriate to the proper performance of the official
duties of the officer making or receiving the disclosure, and foreign
investigative or law enforcement officers may use or disclose such
contents or derivative evidence to the extent such use or disclosure is
appropriate to the proper performance of their official duties.
(8) Any investigative or law enforcement officer, or other Federal
official in carrying out official duties as such Federal official, who
by any means authorized by this chapter, has obtained knowledge of the
contents of any wire, oral, or electronic communication, or evidence
derived therefrom, may disclose such contents or derivative evidence to
any appropriate Federal, State, local, or foreign government official to
the extent that such contents or derivative evidence reveals a threat of
actual or potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power, domestic or international
sabotage, domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence service or network
of a foreign power or by an agent of a foreign power, within the United
States or elsewhere, for the purpose of preventing or responding to such
a threat. Any official who receives information pursuant to this
provision may use that information only as necessary in the conduct of
that person's official duties subject to any limitations on the
unauthorized disclosure of such information, and any State, local, or
foreign official who receives information pursuant to this provision may
use that information only consistent with such guidelines as the
Attorney General and Director of Central Intelligence shall jointly
issue.
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 217;
amended Pub. L. 91-452, title IX, Sec. 902(b), Oct. 15, 1970, 84 Stat.
947; Pub. L. 99-508, title I, Sec. 101(c)(1)(A), Oct. 21, 1986, 100
Stat. 1851; Pub. L. 107-56, title II, Sec. 203(b)(1), Oct. 26, 2001, 115
Stat. 280; Pub. L. 107-296, title VIII, Sec. 896, Nov. 25, 2002, 116
Stat. 2257.)
Amendment of Section
For termination of amendment by Pub. L. 107-56, see Termination
Date of 2001 Amendment note below.
Amendments
2002--Pars. (7), (8). Pub. L. 107-296 added pars. (7) and (8).
2001--Par. (6). Pub. L. 107-56, Secs. 203(b)(1), 224, temporarily
added par. (6). See Termination Date of 2001 Amendment note below.
1986--Pub. L. 99-508 substituted ``wire, oral, or electronic'' for
``wire or oral'' in section catchline and wherever appearing in text.
1970--Par. (3). Pub. L. 91-452 substituted ``proceeding held under
the authority of the United States or of any State or political
subdivision thereof'' for ``criminal proceeding in any court of the
United States or of any State or in any Federal or State grand jury
proceeding''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Termination Date of 2001 Amendment
Amendment by Pub. L. 107-56 to cease to have effect Dec. 31, 2005,
except amendment to continue in effect with respect to any particular
foreign intelligence investigation that began before Dec. 31, 2005, or
with respect to any particular offense or potential offense that began
or occurred before Dec. 31, 2005, see section 224 of Pub. L. 107-56, set
out as a note under section 2510 of this title.
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.
Procedures for Disclosure of Information
Pub. L. 107-56, title II, Sec. 203(c), Oct. 26, 2001, 115 Stat. 280,
as amended by Pub. L. 107-296, title VIII, Sec. 897(b), Nov. 25, 2002,
116 Stat. 2258, provided that: ``The Attorney General shall establish
procedures for the disclosure of information pursuant to paragraphs (6)
and (8) of section 2517 of title 18, United States Code, and Rule
6(e)(3)(C)(i)(V) and (VI) of the Federal Rules of Criminal Procedure [18
App. U.S.C.] that identifies a United States person, as defined in
section 101 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801)).''
Section Referred to in Other Sections
This section is referred to in sections 2510, 2511, 2518, 2520, 2702
of this title; title 6 section 122.
