is a complete defense against any civil or criminal action brought under this chapter or any other law.
18 U.S.C. § 2520
Added Pub. L. 90-351, title III, §802, June 19, 1968, 82 Stat. 223; amended Pub. L. 91-358, title II, §211(c), July 29, 1970, 84 Stat. 654; Pub. L. 99-508, title I, §103, Oct. 21, 1986, 100 Stat. 1853; Pub. L. 107-56, title II, §223(a), Oct. 26, 2001, 115 Stat. 293; Pub. L. 107-296, title XXII, §2207(e), formerly title II, §225(e), Nov. 25, 2002, 116 Stat. 2157, renumbered §2207(e), Pub. L. 115-278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 115-141, div. V, §104(1)(B), Mar. 23, 2018, 132 Stat. 1216.
AMENDMENTS 2018-Subsec. (d)(3). Pub. L. 115-141 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "a good faith determination that section person or entity".Subsecs. (f), (g). Pub. L. 107-56, §223(a)(2), (3), added subsecs. (f) and (g). 1986-Pub. L. 99-508 amended section generally. Prior to amendment, section read as follows: "Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this chapter shall (1) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use such communications, and (2) be entitled to recover from any such person-"(a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;"(b) punitive damages; and "(c) a reasonable attorney's fee and other litigation costs reasonably incurred.A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law." 1970-Pub. L. 91-358 substituted provisions that a good faith reliance on a court order or legislative authorization constitute a complete defense to any civil or criminal action brought under this chapter or under any other law, for provisions that a good faith reliance on a court order or on the provisions of section 2518(7) of this chapter constitute a complete defense to any civil or criminal action brought under this chapter.or of this title permitted the conduct complained of;". 2002-Subsec. (d)(3). Pub. L. 107-296 inserted "or 2511(2)(i)" after "2511(3)".2001-Subsec. (a). Pub. L. 107-56, §223(a)(1), inserted ", other than the United States," after "
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 sectionof Title 6, Domestic Security.
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 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 901(a) of Pub. L. 91-358.
RULE OF CONSTRUCTIONPub. L. 115-141, div. V, §106, Mar. 23, 2018, 132 Stat. 1224, provided that: "Nothing in this division [see section 101 of Pub. L. 115-141, set out as a Short Title of 2018 Amendment note under sectionof this title], or the amendments made by this division, shall be construed to preclude any foreign authority from obtaining assistance in a criminal investigation or prosecution pursuant to section of title 18, United States Code, section of title 28, United States Code, or as otherwise provided by law."
- Investigative or law enforcement officer
- "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;
- "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
- "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;
- "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
- oral communication
- "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;
- "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;