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Privacy Module III
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;
(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" shall have the same meaning which
is given the term "common carrier" by section 153(h) of title 47 of the United States Code;
(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" 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.
18 USC
§2511
(1) Except as otherwise specifically provided in this chapter any person who--
(a) intentionally intercepts, endeavors to intercept, or procures any other
person to intercept or endeavor to intercept, any wire, oral, or electronic
communication;
(b) intentionally uses, endeavors to use, or procures any other person to use
or endeavor to use any electronic, mechanical, or other device to intercept any
oral communication when--
(i) such device is affixed to, or otherwise transmits a signal through, a wire,
cable, or other like connection used in wire communication; or
(ii) such device transmits communications by radio, or interferes with the
transmission of such communication; or
(iii) such person knows, or has reason to know, that such device or any
component thereof has been sent through the mail or transported in interstate
or foreign commerce; or
(iv) such use or endeavor to use (A) takes place on the premises of any
business or other commercial establishment the operations of which affect
interstate or foreign commerce; or (B) obtains or is for the purpose of
obtaining information relating to the operations of any business or other
commercial establishment the operations of which affect interstate or foreign
commerce; or
(v) such person acts in the District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United States;
(c) intentionally discloses, or endeavors to disclose, to any other person the
contents of any wire, oral, or electronic communication, knowing or having
reason to know that the information was obtained through the interception of a
wire, oral, or electronic communication in violation of this subsection;
(d) intentionally uses, or endeavors to use, the contents of any wire, oral, or
electronic communication, knowing or having reason to know that the information
was obtained through the interception of a wire, oral, or electronic
communication in violation of this subsection; or
(e) (i) intentionally discloses, or endeavors to disclose, to any other person
the contents of any wire, oral, or electronic communication, intercepted by
means authorized by sections 2511(2)(a)(ii), 2511(2)(b) to (c), 2511(2)(e),
2516, and 2518 of this chapter, (ii) knowing or having reason to know that the
information was obtained through the interception of such a communication in
connection with a criminal investigation, (iii) having obtained or received the
information in connection with a criminal investigation, and (iv) with intent
to improperly obstruct, impede, or interfere with a duly authorized criminal
investigation,shall be punished as provided in subsection (4) or shall be
subject to suit as provided in subsection (5).
(2)(a)(i) It shall not be unlawful under this chapter for an operator of a
switchboard, or an officer, employee, or agent of a provider of wire or
electronic communication service, whose facilities are used in the transmission
of a wire or electronic communication, to intercept, disclose, or use that
communication in the normal course of his employment while engaged in any
activity which is a necessary incident to the rendition of his service or to
the protection of the rights or property of the provider of that service,
except that a provider of wire communication service to the public shall not
utilize service observing or random monitoring except for mechanical or service
quality control checks.
(ii) Notwithstanding any other law, providers of wire or electronic
communication service, their officers, employees, and agents, landlords,
custodians, or other persons, are authorized to provide information,
facilities, or technical assistance to persons authorized by law to intercept
wire, oral, or electronic communications or to conduct electronic surveillance,
as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978,
if such provider, its officers, employees, or agents, landlord, custodian, or
other specified person, has been provided with--
(A) a court order directing such assistance signed by the authorizing judge, or
(B) a certification in writing by a person specified in section 2518(7) of this
title or the Attorney General of the United States that no warrant or court
order is required by law, that all statutory requirements have been met, and
that the specified assistance is required, setting forth the period of time
during which the provision of the information, facilities, or technical
assistance is authorized and specifying the information, facilities, or
technical assistance required. No provider of wire or electronic communication
service, officer, employee, or agent thereof, or landlord, custodian, or other
specified person shall disclose the existence of any interception or
surveillance or the device used to accomplish the interception or surveillance
with respect to which the person has been furnished a court order or
certification under this chapter, except as may otherwise be required by legal
process and then only after prior notification to the Attorney General or to
the principal prosecuting attorney of a State or any political subdivision of a
State, as may be appropriate. Any such disclosure, shall render such person
liable for the civil damages provided for in section 2520. No cause of action
shall lie in any court against any provider of wire or electronic communication
service, its officers, employees, or agents, landlord, custodian, or other
specified person for providing information, facilities, or assistance in
accordance with the terms of a court order or certification under this chapter.
(b) It shall not be unlawful under this chapter for an officer, employee, or
agent of the Federal Communications Commission, in the normal course of his
employment and in discharge of the monitoring responsibilities exercised by the
Commission in the enforcement of chapter 5 of title 47 of the United States
Code, to intercept a wire or electronic communication, or oral communication
transmitted by radio, or to disclose or use the information thereby obtained.
(c) It shall not be unlawful under this chapter for a person acting under color
of law to intercept a wire, oral, or electronic communication, where such
person is a party to the communication or one of the parties to the
communication has given prior consent to such interception.
(d) It shall not be unlawful under this chapter for a person not acting under
color of law to intercept a wire, oral, or electronic communication where such
person is a party to the communication or where one of the parties to the
communication has given prior consent to such interception unless such
communication is intercepted for the purpose of committing any criminal or
tortious act in violation of the Constitution or laws of the United States or
of any State.
(e) Notwithstanding any other provision of this title or section 705 or 706 of
the Communications Act of 1934, it shall not be unlawful for an officer,
employee, or agent of the United States in the normal course of his official
duty to conduct electronic surveillance, as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978, as authorized by that Act.
(f) Nothing contained in this chapter or chapter 121 or 206 of this title, or
section 705 of the Communications Act of 1934, shall be deemed to affect the
acquisition by the United States Government of foreign intelligence information
from international or foreign communications, or foreign intelligence
activities conducted in accordance with otherwise applicable Federal law
involving a foreign electronic communications system, utilizing a means other
than electronic surveillance as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978, and procedures in this chapter and the
Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by
which electronic surveillance, as defined in section 101 of such Act, and the
interception of domestic wire, oral, and electronic communications may be
conducted.
(g) It shall not be unlawful under this chapter or chapter 121 of this title
for any person--
(i) to intercept or access an electronic communication made through an
electronic communication system that is configured so that such electronic
communication is readily accessible to the general public;
(ii) to intercept any radio communication which is transmitted--
(I) by any station for the use of the general public, or that relates to ships,
aircraft, vehicles, or persons in distress;
(II) by any governmental, law enforcement, civil defense, private land mobile,
or public safety communications system, including police and fire, readily
accessible to the general public;
(III) by a station operating on an authorized frequency within the bands
allocated to the amateur, citizens band, or general mobile radio services; or
(IV) by any marine or aeronautical communications system;
(iii) to engage in any conduct which--
(I) is prohibited by section 633 of the Communications Act of 1934; or
(II) is excepted from the application of section 705(a) of the Communications
Act of 1934 by section 705(b) of that Act;
(iv) to intercept any wire or electronic communication the transmission of
which is causing harmful interference to any lawfully operating station or
consumer electronic equipment, to the extent necessary to identify the source
of such interference; or
(v) for other users of the same frequency to intercept any radio communication
made through a system that utilizes frequencies monitored by individuals
engaged in the provision or the use of such system, if such communication is
not scrambled or encrypted.
(h) It shall not be unlawful under this chapter--
(i) to use a pen register or a trap and trace device (as those terms are
defined for the purposes of chapter 206 (relating to pen registers and trap and
trace devices) of this title); or
(ii) for a provider of electronic communication service to record the fact that
a wire or electronic communication was initiated or completed in order to
protect such provider, another provider furnishing service toward the
completion of the wire or electronic communication, or a user of that service, from
fraudulent, unlawful or abusive use of such service.
(i) It shall not be unlawful under this chapter for a person acting under color
of law to intercept the wire or electronic communications of a computer
trespasser transmitted to, through, or from the protected computer, if--
(I) the owner or operator of the protected computer authorizes the interception
of the computer trespasser's communications on the protected computer;
(II) the person acting under color of law is lawfully engaged in an investigation;
(III) the person acting under color of law has reasonable grounds to believe
that the contents of the computer trespasser's communications will be relevant
to the investigation; and
(IV) such interception does not acquire communications other than those
transmitted to or from the computer trespasser.
(3)(a) Except as provided in paragraph (b) of this subsection, a person or
entity providing an electronic communication service to the public shall not
intentionally divulge the contents of any communication (other than one to such
person or entity, or an agent thereof) while in transmission on that service to
any person or entity other than an addressee or intended recipient of such
communication or an agent of such addressee or intended recipient.
(b) A person or entity providing electronic communication service to the public
may divulge the contents of any such communication--
(i) as otherwise authorized in section 2511(2)(a) or 2517 of this title;
(ii) with the lawful consent of the originator or any addressee or intended
recipient of such communication;
(iii) to a person employed or authorized, or whose facilities are used, to
forward such communication to its destination; or
(iv) which were inadvertently obtained by the service provider and which appear
to pertain to the commission of a crime, if such divulgence is made to a law
enforcement agency.
(4)(a) Except as provided in paragraph (b) of this subsection or in subsection
(5), whoever violates subsection (1) of this section shall be fined under this title
or imprisoned not more than five years, or both.
(b) If the offense is a first offense under paragraph (a) of this subsection
and is not for a tortious or illegal purpose or for purposes of direct or
indirect commercial advantage or private commercial gain, and the wire or
electronic communication with respect to which the offense under paragraph (a)
is a radio communication that is not scrambled, encrypted, or transmitted using
modulation techniques the essential parameters of which have been withheld from
the public with the intention of preserving the privacy of such communication,
then--
(i) if the communication is not the radio portion of a cellular telephone
communication, a cordless telephone communication that is transmitted between
the cordless telephone handset and the base unit, a public land mobile radio
service communication or a paging service communication, and the conduct is not
that described in subsection (5), the offender shall be fined under this title
or imprisoned not more than one year, or both; and
(ii) if the communication is the radio portion of a cellular telephone
communication, a cordless telephone communication that is transmitted between
the cordless telephone handset and the base unit, a public land mobile radio
service communication or a paging service communication, the offender shall be
fined under this title.
(c) Conduct otherwise an offense under this subsection that consists of or
relates to the interception of a satellite transmission that is not encrypted
or scrambled and that is transmitted--
(i) to a broadcasting station for purposes of retransmission to the general
public; or
(ii) as an audio subcarrier intended for redistribution to facilities open to
the public, but not including data transmissions or telephone calls, is not an
offense under this subsection unless the conduct is for the purposes of direct
or indirect commercial advantage or private financial gain.
(5)(a)(i) If the communication is--
(A) a private satellite video communication that is not scrambled or encrypted
and the conduct in violation of this chapter is the private viewing of that
communication and is not for a tortious or illegal purpose or for purposes of
direct or indirect commercial advantage or private commercial gain; or
(B) a radio communication that is transmitted on frequencies allocated under
subpart D of part 74 of the rules of the Federal Communications Commission that
is not scrambled or encrypted and the conduct in violation of this chapter is
not for a tortious or illegal purpose or for purposes of direct or indirect
commercial advantage or private commercial gain, then the person who engages in
such conduct shall be subject to suit by the Federal Government in a court of
competent jurisdiction.
(ii) In an action under this subsection--
(A) if the violation of this chapter is a first offense for the person under
paragraph (a) of subsection (4) and such person has not been found liable in a
civil action under section 2520 of this title, the Federal Government shall be
entitled to appropriate injunctive relief; and
(B) if the violation of this chapter is a second or subsequent offense under
paragraph (a) of subsection (4) or such person has been found liable in any
prior civil action under section 2520, the person shall be subject to a
mandatory $500 civil fine.
(b) The court may use any means within its authority to enforce an injunction
issued under paragraph (ii)(A), and shall impose a civil fine of not less than
$500 for each violation of such an injunction.
18 USC §2512
(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 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
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.
Any
electronic, mechanical, or other device used, sent, carried, manufactured,
assembled, possessed, sold, or advertised in violation of section 2511 or
section 2512 of this chapter may be seized and forfeited to the United States.
All provisions of law relating to (1) the seizure, summary and judicial
forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for
violations of the customs laws contained in title 19 of the United States Code,
(2) the disposition of such vessels, vehicles, merchandise, and baggage or the
proceeds from the sale thereof, (3) the remission or mitigation of such
forfeiture, (4) the compromise of claims, and (5) the award of compensation to
informers in respect of such forfeitures, shall apply to seizures and
forfeitures incurred, or alleged to have been incurred, under the provisions of
this section, insofar as applicable and not inconsistent with the provisions of
this section; except that such duties as are imposed upon the collector of
customs or any other person with respect to the seizure and forfeiture of
vessels, vehicles, merchandise, and baggage under the provisions of the customs
laws contained in title 19 of the United States Code shall be performed with
respect to seizure and forfeiture of electronic, mechanical, or other
intercepting devices under this section by such officers, agents, or other
persons as may be authorized or designated for that purpose by the Attorney General.
18 USC §2514
General
Materials (References, Annotations or Tables)
18 USC §2515
Whenever
any wire or oral communication has been intercepted, no part of the contents of
such communication and no evidence derived therefrom may be received in evidence
in any trial, hearing, or other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision thereof if
the disclosure of that information would be in violation of this chapter.
18 USC §2516
(1)
The Attorney General, Deputy Attorney General, Associate Attorney General, or
any Assistant Attorney General, any acting Assistant Attorney General, or any
Deputy Assistant Attorney General or acting Deputy Assistant Attorney General
in the Criminal Division specially designated by the Attorney General, may
authorize an application to a Federal judge of competent jurisdiction for, and
such judge may grant in conformity with section 2518 of this chapter an order
authorizing or approving the interception of wire or oral communications by the
Federal Bureau of Investigation, or a Federal agency having responsibility for
the investigation of the offense as to which the application is made, when such
interception may provide or has provided evidence of--
(a) any offense punishable by death or by imprisonment for more than one year
under sections 2274 through 2277 of title 42 of the United States Code (relating to the
enforcement of the Atomic Energy Act of 1954), section 2284 of title 42 of the United States Code (relating
to sabotage of nuclear facilities or fuel), or under the following chapters of
this title: chapter 37 (relating to espionage), chapter 90 (relating to
protection of trade secrets), chapter 105 (relating to sabotage), chapter 115
(relating to treason), chapter 102 (relating to riots), chapter 65 (relating to
malicious mischief), chapter 111 (relating to destruction of vessels), or
chapter 81 (relating to piracy);
(b) a violation of section 186 or section 501(c) of title 29, United States Code (dealing with
restrictions on payments and loans to labor organizations), or any offense
which involves murder, kidnapping, robbery, or extortion, and which is
punishable under this title;
(c) any offense which is punishable under the following sections of this title:
section 201 (bribery of public officials and witnesses), section 215 (relating
to bribery of bank officials), section 224 (bribery in sporting contests),
subsection (d), (e), (f), (g), (h), or (i) of section 844 (unlawful use of
explosives), section 1032 (relating to concealment of assets), section 1084
(transmission of wagering information), section 751 (relating to escape),
section 1014 (relating to loans and credit applications generally; renewals and
discounts), sections 1503, 1512, and 1513 (influencing or injuring an officer,
juror, or witness generally), section 1510 (obstruction of criminal
investigations), section 1511 (obstruction of State or local law enforcement),
section 1751 (Presidential and Presidential staff assassination, kidnapping,
and assault), section 1951 (interference with commerce by threats or violence),
section 1952 (interstate and foreign travel or transportation in aid of
racketeering enterprises), section 1958 (relating to use of interstate commerce
facilities in the commission of murder for hire), section 1959 (relating to
violent crimes in aid of racketeering activity), section 1954 (offer,
acceptance, or solicitation to influence operations of employee benefit plan),
section 1955 (prohibition of business enterprises of gambling), section 1956
(laundering of monetary instruments), section 1957 (relating to engaging in
monetary transactions in property derived from specified unlawful activity),
section 659 (theft from interstate shipment), section 664 (embezzlement from
pension and welfare funds), section 1343 (fraud by wire, radio, or television),
section 1344 (relating to bank fraud), sections 2251 and 2252 (sexual
exploitation of children), sections 2312, 2313, 2314, and 2315 (interstate
transportation of stolen property), section 2321 (relating to trafficking in
certain motor vehicles or motor vehicle parts), section 1203 (relating to
hostage taking), section 1029 (relating to fraud and related activity in
connection with access devices), section 3146 (relating to penalty for failure
to appear), section 3521(b)(3) (relating to witness relocation and assistance),
section 32 (relating to destruction of aircraft or aircraft facilities),
section 38 (relating to aircraft parts fraud), section 1963 (violations with
respect to racketeer influenced and corrupt organizations), section 115
(relating to threatening or retaliating against a Federal official), section
1341 (relating to mail fraud), a felony violation of section 1030 (relating to
computer fraud and abuse), section 351 (violations with respect to congressional,
Cabinet, or Supreme Court assassinations, kidnapping, and assault), section 831
(relating to prohibited transactions involving nuclear materials), section 33
(relating to destruction of motor vehicles or motor vehicle facilities),
section 175 (relating to biological weapons), section 1992 (relating to
wrecking trains), a felony violation of section 1028 (relating to production of
false identification documentation), section 1425 (relating to the procurement
of citizenship or nationalization unlawfully), section 1426 (relating to the
reproduction of naturalization or citizenship papers), section 1427 (relating
to the sale of naturalization or citizenship papers), section 1541 (relating to
passport issuance without authority), section 1542 (relating to false
statements in passport applications), section 1543 (relating to forgery or
false use of passports), section 1544 (relating to misuse of passports), or
section 1546 (relating to fraud and misuse of visas, permits, and other
documents);
(d) any offense involving counterfeiting punishable under section 471, 472, or
473 of this title;
(e) any offense involving fraud connected with a case under title 11 or the
manufacture, importation, receiving, concealment, buying, selling, or otherwise
dealing in narcotic drugs, marihuana, or other dangerous drugs, punishable
under any law of the United States;
(f) any offense including extortionate credit transactions under sections 892,
893, or 894 of this title;
(g) a violation of section 5322 of title 31, United States Code (dealing with the
reporting of currency transactions);
(h) any felony violation of sections 2511 and 2512 (relating to interception
and disclosure of certain communications and to certain intercepting devices)
of this title;
(i) any felony violation of chapter 71 (relating to obscenity) of this title;
(j) any violation of section 60123(b) (relating to destruction of a natural gas
pipeline) or section 46502 (relating to aircraft piracy) of title 49;
(k) any criminal violation of section 2778 of title 22 (relating to the Arms
Export Control Act);
(l) the location of any fugitive from justice from an offense described in this
section;
(m) a violation of section 274, 277, or 278 of the Immigration and Nationality
Act (8 U.S.C. 1324, 1327, or 1328) (relating to the smuggling of aliens);
(n) any felony violation of sections 922 and 924 of title 18, United States Code (relating to firearms);
(o) any violation of section 5861 of the Internal Revenue Code of 1986 (relating to
firearms);
(p) a felony violation of section 1028 (relating to production of false
identification documents), section 1542 (relating to false statements in
passport applications), section 1546 (relating to fraud and misuse of visas,
permits, and other documents) of this title or a violation of section 274, 277,
or 278 of the Immigration and Nationality Act (relating to the smuggling of
aliens);
(q) any criminal violation of section 229 (relating to chemical weapons); or
sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating to
terrorism); or".
(r) any conspiracy to commit any offense described in any subparagraph of this
paragraph.
(2) The principal prosecuting attorney of any State, or the principal
prosecuting attorney of any political subdivision thereof, if such attorney is
authorized by a statute of that State to make application to a State court
judge of competent jurisdiction for an order authorizing or approving the
interception of wire, oral, or electronic communications, may apply to such
judge for, and such judge may grant in conformity with section 2518 of this
chapter and with the applicable State statute an order authorizing, or
approving the interception of wire, oral, or electronic communications by
investigative or law enforcement officers having responsibility for the
investigation of the offense as to which the application is made, when such
interception may provide or has provided evidence of the commission of the
offense of murder, kidnapping, gambling, robbery, bribery, extortion, or
dealing in narcotic drugs, marihuana or other dangerous drugs, or other crime
dangerous to life, limb, or property, and punishable by imprisonment for more
than one year, designated in any applicable State statute authorizing such
interception, or any conspiracy to commit any of the foregoing offenses.
(3) Any attorney for the Government (as such term is defined for the purposes
of the Federal Rules of Criminal Procedure) may authorize an application to a
Federal judge of competent jurisdiction for, and such judge may grant, in
conformity with section 2518 of this title, an order authorizing or approving
the interception of electronic communications by an investigative or law
enforcement officer having responsibility for the investigation of the offense
as to which the application is made, when such interception may provide or has
provided evidence of any Federal felony.
18 USC §2517
(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.
18 USC §2518
(1)
Each application for an order authorizing or approving the interception of a
wire, oral, or electronic communication under this chapter shall be made in
writing upon oath or affirmation to a judge of competent jurisdiction and shall
state the applicant's authority to make such application. Each application
shall include the following information:
(a) the identity of the investigative or law enforcement officer making the
application, and the officer authorizing the application;
(b) a full and complete statement of the facts and circumstances relied upon by
the applicant, to justify his belief that an order should be issued, including
(i) details as to the particular offense that has been, is being, or is about
to be committed, (ii) except as provided in subsection (11), a particular
description of the nature and location of the facilities from which or the
place where the communication is to be intercepted, (iii) a particular
description of the type of communications sought to be intercepted, (iv) the identity
of the person, if known, committing the offense and whose communications are to
be intercepted;
(c) a full and complete statement as to whether or not other investigative
procedures have been tried and failed or why they reasonably appear to be unlikely
to succeed if tried or to be too dangerous;
(d) a statement of the period of time for which the interception is required to
be maintained. If the nature of the investigation is such that the
authorization for interception should not automatically terminate when the
described type of communication has been first obtained, a particular
description of facts establishing probable cause to believe that additional
communications of the same type will occur thereafter;
(e) a full and complete statement of the facts concerning all previous
applications known to the individual authorizing and making the application,
made to any judge for authorization to intercept, or for approval of
interceptions of, wire, oral, or electronic communications involving any of the
same persons, facilities or places specified in the application, and the action
taken by the judge on each such application; and
(f) where the application is for the extension of an order, a statement setting
forth the results thus far obtained from the interception, or a reasonable
explanation of the failure to obtain such results.
(2) The judge may require the applicant to furnish additional testimony or
documentary evidence in support of the application.
(3) Upon such application the judge may enter an ex parte order, as requested
or as modified, authorizing or approving interception of wire, oral, or
electronic communications within the territorial jurisdiction of the court in
which the judge is sitting (and outside that jurisdiction but within the United
States in the case of a mobile interception device authorized by a Federal
court within such jurisdiction), if the judge determines on the basis of the
facts submitted by the applicant that--
(a) there is probable cause for belief that an individual is committing, has
committed, or is about to commit a particular offense enumerated in section
2516 of this chapter;
(b) there is probable cause for belief that particular communications
concerning that offense will be obtained through such interception;
(c) normal investigative procedures have been tried and have failed or
reasonably appear to be unlikely to succeed if tried or to be too dangerous;
(d) except as provided in subsection (11), there is probable cause for belief
that the facilities from which, or the place where, the wire, oral, or
electronic communications are to be intercepted are being used, or are about to
be used, in connection with the commission of such offense, or are leased to,
listed in the name of, or commonly used by such person.
(4) Each order authorizing or approving the interception of any wire, oral, or
electronic communication under this chapter shall specify--
(a) the identity of the person, if known, whose communications are to be
intercepted;
(b) the nature and location of the communications facilities as to which, or
the place where, authority to intercept is granted;
(c) a particular description of the type of communication sought to be
intercepted, and a statement of the particular offense to which it relates;
(d) the identity of the agency authorized to intercept the communications, and
of the person authorizing the application; and
(e) the period of time during which such interception is authorized, including
a statement as to whether or not the interception shall automatically terminate
when the described communication has been first obtained.
An order authorizing the interception of a wire, oral, or electronic
communication under this chapter shall, upon request of the applicant, direct
that a provider of wire or electronic communication service, landlord,
custodian or other person shall furnish the applicant forthwith all
information, facilities, and technical assistance necessary to accomplish the
interception unobtrusively and with a minimum of interference with the services
that such service provider, landlord, custodian, or person is according the
person whose communications are to be intercepted. Any provider of wire or
electronic communication service, landlord, custodian or other person
furnishing such facilities or technical assistance shall be compensated
therefor by the applicant for reasonable expenses incurred in providing such
facilities or assistance. Pursuant to section 2522 of this chapter, an order
may also be issued to enforce the assistance capability and capacity
requirements under the Communications Assistance for Law Enforcement Act.
(5) No order entered under this section may authorize or approve the
interception of any wire, oral, or electronic communication for any period
longer than is necessary to achieve the objective of the authorization, nor in
any event longer than thirty days. Such thirty-day period begins on the earlier
of the day on which the investigative or law enforcement officer first begins
to conduct an interception under the order or ten days after the order is
entered. Extensions of an order may be granted, but only upon application for
an extension made in accordance with subsection (1) of this section and the
court making the findings required by subsection (3) of this section. The period
of extension shall be no longer than the authorizing judge deems necessary to
achieve the purposes for which it was granted and in no event for longer than
thirty days. Every order and extension thereof shall contain a provision that
the authorization to intercept shall be executed as soon as practicable, shall
be conducted in such a way as to minimize the interception of communications
not otherwise subject to interception under this chapter, and must terminate
upon attainment of the authorized objective, or in any event in thirty days. In
the event the intercepted communication is in a code or foreign language, and
an expert in that foreign language or code is not reasonably available during
the interception period, minimization may be accomplished as soon as
practicable after such interception. An interception under this chapter may be
conducted in whole or in part by Government personnel, or by an individual
operating under a contract with the Government, acting under the supervision of
an investigative or law enforcement officer authorized to conduct the
interception.
(6) Whenever an order authorizing interception is entered pursuant to this
chapter, the order may require reports to be made to the judge who issued the
order showing what progress has been made toward achievement of the authorized
objective and the need for continued interception. Such reports shall be made
at such intervals as the judge may require.
(7) Notwithstanding any other provision of this chapter, any investigative or
law enforcement officer, specially designated by the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or by the principal
prosecuting attorney of any State or subdivision thereof acting pursuant to a
statute of that State, who reasonably determines that--
(a) an emergency situation exists that involves--
(i) immediate danger of death or serious physical injury to any person,
(ii) conspiratorial activities threatening the national security interest, or
(iii) conspiratorial activities characteristic of organized crime,
that requires a wire, oral, or electronic communication to be intercepted
before an order authorizing such interception can, with due diligence, be
obtained, and
(b) there are grounds upon which an order could be entered under this chapter
to authorize such interception,
may intercept such wire, oral, or electronic communication if an application
for an order approving the interception is made in accordance with this section
within forty-eight hours after the interception has occurred, or begins to
occur. In the absence of an order, such interception shall immediately
terminate when the communication sought is obtained or when the application for
the order is denied, whichever is earlier. In the event such application for approval
is denied, or in any other case where the interception is terminated without an
order having been issued, the contents of any wire, oral, or electronic
communication intercepted shall be treated as having been obtained in violation
of this chapter, and an inventory shall be served as provided for in subsection
(d) of this section on the person named in the application.
(8) (a) The contents of any wire, oral, or electronic communication intercepted
by any means authorized by this chapter shall, if possible, be recorded on tape
or wire or other comparable device. The recording of the contents of any wire,
oral, or electronic communication under this subsection shall be done in such
way as will protect the recording from editing or other alterations. Immediately
upon the expiration of the period of the order, or extensions thereof, such
recordings shall be made available to the judge issuing such order and sealed
under his directions. Custody of the recordings shall be wherever the judge
orders. They shall not be destroyed except upon an order of the issuing or
denying judge and in any event shall be kept for ten years. Duplicate
recordings may be made for use or disclosure pursuant to the provisions of
subsections (1) and (2) of section 2517 of this chapter for investigations. The
presence of the seal provided for by this subsection, or a satisfactory
explanation for the absence thereof, shall be a prerequisite for the use or
disclosure of the contents of any wire, oral, or electronic communication or evidence
derived therefrom under subsection (3) of section 2517.
(b) Applications made and orders granted under this chapter shall be sealed by
the judge. Custody of the applications and orders shall be wherever the judge
directs. Such applications and orders shall be disclosed only upon a showing of
good cause before a judge of competent jurisdiction and shall not be destroyed
except on order of the issuing or denying judge, and in any event shall be kept
for ten years.
(c) Any violation of the provisions of this subsection may be punished as
contempt of the issuing or denying judge.
(d) Within a reasonable time but not later than ninety days after the filing of
an application for an order of approval under section 2518(7)(b) which is
denied or the termination of the period of an order or extensions thereof, the
issuing or denying judge shall cause to be served, on the persons named in the
order or the application, and such other parties to intercepted communications
as the judge may determine in his discretion that is in the interest of
justice, an inventory which shall include notice of--
(1) the fact of the entry of the order or the application;
(2) the date of the entry and the period of authorized, approved or disapproved
interception, or the denial of the application; and
(3) the fact that during the period wire, oral, or electronic communications
were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion make available to
such person or his counsel for inspection such portions of the intercepted
communications, applications and orders as the judge determines to be in the
interest of justice. On an ex parte showing of good cause to a judge of
competent jurisdiction the serving of the inventory required by this subsection
may be postponed.
(9) The contents of any wire, oral, or electronic communication intercepted
pursuant to this chapter or evidence derived therefrom shall not be received in
evidence or otherwise disclosed in any trial, hearing, or other proceeding in a
Federal or State court unless each party, not less than ten days before the
trial, hearing, or proceeding, has been furnished with a copy of the court
order, and accompanying application, under which the interception was
authorized or approved. This ten-day period may be waived by the judge if he
finds that it was not possible to furnish the party with the above information
ten days before the trial, hearing, or proceeding and that the party will not
be prejudiced by the delay in receiving such information.
(10)(a) Any aggrieved person in any trial, hearing, or proceeding in or before
any court, department, officer, agency, regulatory body, or other authority of
the United States, a State, or a political subdivision thereof, may move to
suppress the contents of any wire or oral communication intercepted pursuant to
this chapter, or evidence derived therefrom, on the grounds that--
(i) the communication was unlawfully intercepted;
(ii) the order of authorization or approval under which it was intercepted is
insufficient on its face; or
(iii) the interception was not made in conformity with the order of
authorization or approval.
Such motion shall be made before the trial, hearing, or proceeding unless there
was no opportunity to make such motion or the person was not aware of the
grounds of the motion. If the motion is granted, the contents of the
intercepted wire or oral communication, or evidence derived therefrom, shall be
treated as having been obtained in violation of this chapter. The judge, upon
the filing of such motion by the aggrieved person, may in his discretion make
available to the aggrieved person or his counsel for inspection such portions
of the intercepted communication or evidence derived therefrom as the judge
determines to be in the interests of justice.
(b) In addition to any other right to appeal, the United States shall have the
right to appeal from an order granting a motion to suppress made under
paragraph (a) of this subsection, or the denial of an application for an order
of approval, if the United States attorney shall certify to the judge or other
official granting such motion or denying such application that the appeal is
not taken for purposes of delay. Such appeal shall be taken within thirty days
after the date the order was entered and shall be diligently prosecuted.
(c) The remedies and sanctions described in this chapter with respect to the
interception of electronic communications are the only judicial remedies and
sanctions for nonconstitutional violations of this chapter involving such
communications.
(11) The requirements of subsections (1)(b)(ii) and (3)(d) of this section
relating to the specification of the facilities from which, or the place where,
the communication is to be intercepted do not apply if--
(a) in the case of an application with respect to the interception of an oral
communication--
(i) the application is by a Federal investigative or law enforcement officer
and is approved by the Attorney General, the Deputy Attorney General, the
Associate Attorney General, an Assistant Attorney General, or an acting
Assistant Attorney General;
(ii) the application contains a full and complete statement as to why such
specification is not practical and identifies the person committing the offense
and whose communications are to be intercepted; and
(iii) the judge finds that such specification is not practical; and
(b) in the case of an application with respect to a wire or electronic
communication--
(i) the application is by a Federal investigative or law enforcement officer
and is approved by the Attorney General, the Deputy Attorney General, the
Associate Attorney General, an Assistant Attorney General, or an acting
Assistant Attorney General;
(ii) the application identifies the person believed to be committing the
offense and whose communications are to be intercepted and the applicant makes
a showing that there is probable cause to believe that the person's actions
could have the effect of thwarting interception from a specified facility;
(iii) the judge finds that such showing has been adequately made; and
(iv) the order authorizing or approving the interception is limited to
interception only for such time as it is reasonable to presume that the person
identified in the application is or was reasonably proximate to the instrument
through which such communication will be or was transmitted.
(12) An interception of a communication under an order with respect to which
the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not
apply by reason of subsection (11)(a) shall not begin until the place where the
communication is to be intercepted is ascertained by the person implementing
the interception order. A provider of wire or electronic communications service
that has received an order as provided for in subsection (11)(b) may move the
court to modify or quash the order on the ground that its assistance with
respect to the interception cannot be performed in a timely or reasonable
fashion. The court, upon notice to the government, shall decide such a motion
expeditiously.
18 USC §2519
(1) Within thirty days after the expiration of an order (or each extension
thereof) entered under section 2518, or the denial of an order approving an
interception, the issuing or denying judge shall report to the Administrative
Office of the United States Courts--
(a) the fact that an order or extension was applied for;
(b) the kind of order or extension applied for (including whether or not the
order was an order with respect to which the requirements of sections
2518(1)(b)(ii) and 2518(3)(d) of this title did not apply by reason of section
2518(11) of this title);
(c) the fact that the order or extension was granted as applied for, was
modified, or was denied;
(d) the period of interceptions authorized by the order, and the number and duration
of any extensions of the order;
(e) the offense specified in the order or application, or extension of an
order;
(f) the identity of the applying investigative or law enforcement officer and
agency making the application and the person authorizing the application; and
(g) the nature of the facilities from which or the place where communications
were to be intercepted.
(2) In January of each year the Attorney General, an Assistant Attorney General
specially designated by the Attorney General, or the principal prosecuting
attorney of a State, or the principal prosecuting attorney for any political
subdivision of a State, shall report to the Administrative Office of the United
States Courts--
(a) the information required by paragraphs (a) through (g) of subsection (1) of
this section with respect to each application for an order or extension made
during the preceding calendar year;
(b) a general description of the interceptions made under such order or
extension, including (i) the approximate nature and frequency of incriminating
communications intercepted, (ii) the approximate nature and frequency of other
communications intercepted, (iii) the approximate number of persons whose
communications were intercepted, (iv) the number of orders in which encryption
was encountered and whether such encryption prevented law enforcement from
obtaining the plain text of communications intercepted pursuant to such order,
and (v) the approximate nature, amount, and cost of the manpower and other
resources used in the interceptions;
(c) the number of arrests resulting from interceptions made under such order or
extension, and the offenses for which arrests were made;
(d) the number of trials resulting from such interceptions;
(e) the number of motions to suppress made with respect to such interceptions,
and the number granted or denied;
(f) the number of convictions resulting from such interceptions and the
offenses for which the convictions were obtained and a general assessment of
the importance of the interceptions; and
(g) the information required by paragraphs (b) through (f) of this subsection
with respect to orders or extensions obtained in a preceding calendar year.
(3) In April of each year the Director of the Administrative Office of the
United States Courts shall transmit to the Congress a full and complete report
concerning the number of applications for orders authorizing or approving the
interception of wire, oral, or electronic communications pursuant to this
chapter and the number of orders and extensions granted or denied pursuant to
this chapter during the preceding calendar year. Such report shall include a
summary and analysis of the data required to be filed with the Administrative
Office by subsections (1) and (2) of this section. The Director of the Administrative
Office of the United States Courts is authorized to issue binding regulations
dealing with the content and form of the reports required to be filed by
subsections (1) and (2) of this section.
18 USC §2520
(a)
In general.--Except as provided in section 2511(2)(a)(ii), any person whose
wire, oral, or electronic communication is intercepted, disclosed, or
intentionally used in violation of this chapter may in a civil action recover
from the person or entity, other than the United States, which engaged in that
violation such relief as may be appropriate.
(b) Relief.--In an action under this section, appropriate relief includes--
(1) such preliminary and other equitable or declaratory relief as may be
appropriate;
(2) damages under subsection (c) and punitive damages in appropriate cases; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
(c) Computation of damages.--(1) In an action under this section, if the
conduct in violation of this chapter is the private viewing of a private
satellite video communication that is not scrambled or encrypted or if the
communication is a radio communication that is transmitted on frequencies
allocated under subpart D of part 74 of the rules of the Federal Communications
Commission that is not scrambled or encrypted and the conduct is not for a
tortious or illegal purpose or for purposes of direct or indirect commercial
advantage or private commercial gain, then the court shall assess damages as
follows:
(A) If the person who engaged in that conduct has not previously been enjoined
under section 2511(5) and has not been found liable in a prior civil action
under this section, the court shall assess the greater of the sum of actual
damages suffered by the plaintiff, or statutory damages of not less than $50
and not more than $500.
(B) If, on one prior occasion, the person who engaged in that conduct has been
enjoined under section 2511(5) or has been found liable in a civil action under
this section, the court shall assess the greater of the sum of actual damages
suffered by the plaintiff, or statutory damages of not less than $100 and not
more than $1000.
(2) In any other action under this section, the court may assess as damages
whichever is the greater of--
(A) the sum of the actual damages suffered by the plaintiff and any profits
made by the violator as a result of the violation; or
(B) statutory damages of whichever is the greater of $100 a day for each day of
violation or $10,000.
(d) Defense.--A good faith reliance on--
(1) a court warrant or order, a grand jury subpoena, a legislative
authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer under section
2518(7) of this title; or
(3) a good faith determination that section 2511(3) of this title permitted the
conduct complained of;
is a complete defense against any civil or criminal action brought under this
chapter or any other law.
(e) Limitation.--A civil action under this section may not be commenced later
than two years after the date upon which the claimant first has a reasonable
opportunity to discover the violation.
(f) Administrative discipline.--If a court or appropriate department or agency
determines that the United States or any of its departments or agencies has
violated any provision of this chapter, and the court or appropriate department
or agency finds that the circumstances surrounding the violation raise serious
questions about whether or not an officer or employee of the United States
acted willfully or intentionally with respect to the violation, the department
or agency shall, upon receipt of a true and correct copy of the decision and
findings of the court or appropriate department or agency promptly initiate a
proceeding to determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or agency involved
determines that disciplinary action is not warranted, he or she shall notify
the Inspector General with jurisdiction over the department or agency concerned
and shall provide the Inspector General with the reasons for such
determination.
(g) Improper disclosure is violation.--Any willful disclosure or use by an
investigative or law enforcement officer or governmental entity of information
beyond the extent permitted by section 2517 is a violation of this chapter for
purposes of section 2520(a).
18 USC
§2521
Whenever it shall appear
that any person is engaged or is about to engage in any act which constitutes
or will constitute a felony violation of this chapter, the Attorney General may
initiate a civil action in a district court of the United States to enjoin such
violation. The court shall proceed as soon as practicable to the hearing and
determination of such an action, and may, at any time before final determination,
enter such a restraining order or prohibition, or take such other action, as is
warranted to prevent a continuing and substantial injury to the United States
or to any person or class of persons for whose protection the action is
brought. A proceeding under this section is governed by the Federal Rules of
Civil Procedure, except that, if an indictment has been returned against the
respondent, discovery is governed by the Federal Rules of Criminal Procedure.