What US Wiretap Act (18 USC ch 119): Interception of Wire, Oral and Electronic Communications requires
The Wiretap Act, Title III of the Omnibus Crime Control Act as amended by the Electronic Communications Privacy Act (18 U.S.C. ch. 119), prohibits the interception of wire, oral and electronic communications and governs lawful interception by law enforcement, enforced by the Department of Justice and through a civil action. Section 2510 provides the definitions, including wire communication, oral communication, electronic communication and intercept. Section 2511 makes it an offense to intentionally intercept, or to procure another to intercept, any wire, oral or electronic communication, and to disclose or use the contents of a communication known to have been unlawfully intercepted; a violation is generally punishable by a fine and imprisonment for not more than 5 years. The Act recognizes exceptions, including one-party consent under Federal law and provider conduct necessary to render service. Section 2516 identifies the offenses for which an interception order may be sought, and section 2518 sets the strict procedure for a court order, including a showing of probable cause, necessity and minimization. Section 2515 bars the use of unlawfully intercepted communications as evidence, and section 2520 provides a civil action for damages, including statutory damages and attorney fees. The Act is the legal foundation for US electronic surveillance law.
Pillar: Telecoms & Digital Infrastructure · Authority: US Congress / Department of Justice · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title18/html/USCODE-2022-title18-partI-chap119-sec2511.htm
SHA-256 integrity: 5a6a0b9c695ea023b7eb07ca23d8fd9a02da028d6fbbbb5b8b75eeba6c95bb3f
Primary Citations — 8 traced to source
- Wiretap Act, 18 U.S.C. 2510 - definitions, including wire, oral and electronic communication and intercept.
- Wiretap Act, 18 U.S.C. 2511 - interception and disclosure of wire, oral, or electronic communications prohibited.
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