18 U.S.C. § 2512

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)
Section 2512 - Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
(1) Except as otherwise specifically provided in this chapter, any person who intentionally-
(a) sends through the mail, or sends or carries in interstate or foreign commerce, any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications;
(b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, and that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or
(c) places in any newspaper, magazine, handbill, or other publication or disseminates by electronic means any advertisement of-
(i) any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications; or
(ii) any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire, oral, or electronic communications,

knowing the content of the advertisement and knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce,

shall be fined under this title or imprisoned not more than five years, or both.

(2) It shall not be unlawful under this section for-
(a) a provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service, or
(b) an officer, agent, or employee of, or a person under contract with, the United States, a State, or a political subdivision thereof, in the normal course of the activities of the United States, a State, or a political subdivision thereof,

to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications.

(3) It shall not be unlawful under this section to advertise for sale a device described in subsection (1) of this section if the advertisement is mailed, sent, or carried in interstate or foreign commerce solely to a domestic provider of wire or electronic communication service or to an agency of the United States, a State, or a political subdivision thereof which is duly authorized to use such device.

18 U.S.C. § 2512

Added Pub. L. 90-351, title III, §802, June 19, 1968, 82 Stat. 214; amended Pub. L. 99-508, title I, §101(c)(1)(A), (7), (f) (2), Oct. 21, 1986, 100 Stat. 1851, 1853; Pub. L. 103-322, title XXXIII, §§330016(1)(L)0022,, 3300220022,, 108 Stat. 2147, 2150; Pub. L. 104-294, title VI, §604(b)(45), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 105-112, §2, Nov. 21, 1997, 111 Stat. 2273; Pub. L. 107-296, title XXII, §2207(f), formerly title II, §225(f), Nov. 25, 2002, 116 Stat. 2158, renumbered §2207(f), Pub. L. 115-278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.

EDITORIAL NOTES

AMENDMENTS2002-Par. (1)(c). Pub. L. 107-296 in introductory provisions, inserted "or disseminates by electronic means" after "or other publication" and, in concluding provisions, inserted "knowing the content of the advertisement and" before "knowing or having reason to know".1997-Par. (3). Pub. L. 105-112 added par. (3).1996-Par. (2). Pub. L. 104-294 amended directory language of Pub. L. 103-322, §330022. See 1994 Amendment note below.1994-Par. (1). Pub. L. 103-322, §330016(1)(L), substituted "fined under this title" for "fined not more than $10,000" in concluding provisions.Par. (2). Pub. L. 103-322, §330022, as amended by Pub. L. 104-294 realigned margins of concluding provisions.1986- Pub. L. 99-508, §101(c)(1)(A), substituted "wire, oral, or electronic" for "wire or oral" in section catchline.Par. (1). Pub. L. 99-508, §101(c)(1)(A), (f) (2), substituted "intentionally" for "willfully" in introductory provision and "wire, oral, or electronic" for "wire or oral" in subpars. (a), (b), and (c)(i), (ii).Par. (2)(a). Pub. L. 99-508, §101(c)(7), substituted "a provider of wire or electronic communication service or" for "a communications common carrier or", "such a provider, in" for "a communications common carrier, in", and "business of providing that wire or electronic communication service" for "communications common carrier's business".Par. (2)(b). Pub. L. 99-508, §101(c)(1)(A), substituted "wire, oral, or electronic" for "wire or oral".

STATUTORY NOTES AND RELATED SUBSIDIARIES

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.

EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294 set out as a note under section 13 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.

State
"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;
electronic communication service
"electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications;
electronic, mechanical, or other device
"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;
person
"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;