Sections 633, 705, and 706 of the Communications Act of 1934 , referred to in par. (2)(e), (f), (g)(iii), are classified to sections 553, 605, and 606 of Title 47, Telecommunications, respectively.

For information regarding constitutionality of certain provisions of this section, as amended by section 101(c)(1)(A) of Pub. L. 99–508 , see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.

Amendments

2018—Par. (2)(j). Pub. L. 115–141 added subpar. (j).

2008—Par. (2)(a)(ii)(A). Pub. L. 110–261, § 101(c)(1), inserted “or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978” after “assistance”.

Par. (2)(a)(iii). Pub. L. 110–261, § 102(c)(1), added cl. (iii).

2002—Par. (2)(a)(ii). Pub. L. 107–296, § 2207(h)(2), formerly § 225(h)(2), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), inserted “, statutory authorization,” after “terms of a court order” in concluding provisions.

Par. (4)(b), (c). Pub. L. 107–296, § 2207(j)(1), formerly § 225(j)(1), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), redesignated subpar. (c) as (b) and struck out former subpar. (b) which read as follows: “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.”

2001—Par. (2)(f). Pub. L. 107–56, § 204, substituted “this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934” for “this chapter or chapter 121, or section 705 of the Communications Act of 1934” and “wire, oral, and electronic communications” for “wire and oral communications”.

Par. (2)(i). Pub. L. 107–56, § 217(2), added subpar. (i).

1996—Par. (1)(e)(i). Pub. L. 104–294 substituted “sections 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter” for “sections 2511(2)(A)(ii), 2511(b)–(c), 2511(e), 2516, and 2518 of this subchapter”.

1994—Par. (1)(e). Pub. L. 103–322, § 320901, added par. (1)(e).

Par. (2)(a)(i). Pub. L. 103–414, § 205, inserted “or electronic” after “transmission of a wire”.

Par. (4)(b). Pub. L. 103–414, § 204, in introductory provisions substituted “, 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” for “or encrypted, then”.

Par. (4)(b)(i). Pub. L. 103–414, § 202(b)(1), inserted “a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,” after “cellular telephone communication,”.

Par. (4)(b)(ii). Pub. L. 103–414, § 202(b)(2), inserted “a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit,” after “cellular telephone communication,”.

Pub. L. 103–322, § 330016(1)(G), substituted “fined under this title” for “fined not more than $500”.

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), (d)(1), (f)[(1)], substituted “intentionally” for “willfully” in subpars. (a) to (d) and “wire, oral, or electronic’ for “wire or oral” wherever appearing in subpars. (a), (c), and (d), and in concluding provisions substituted “shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5)” for “shall be fined not more than $10,000 or imprisoned not more than five years, or both”.

Par. (2)(a)(i). Pub. L. 99–508, § 101(c)(5), substituted “a provider of wire or electronic communication service” for “any communication common carrier” and “of the provider of that service, except that a provider of wire communication service to the public” for “of the carrier of such communication: Provided, That said communication common carriers”.

Par. (2)(a)(ii). Pub. L. 99–508, § 101(b)(1), (c)(1)(A), (6), substituted “providers of wire or electronic communication service” for “communication common carriers”, “wire, oral, or electronic” for “wire or oral”, “if such provider” for “if the common carrier”, “provider of wire or electronic communication service” for “communication common carrier” wherever appearing, “such disclosure” for “violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof”, “render such person liable” for “render the carrier liable”, and “a court order or certification under this chapter” for “an order or certification under this subparagraph” in two places.

Par. (2)(b). Pub. L. 99–508, § 101(c)(1)(B), inserted “or electronic” after “wire”.

Par. (2)(c). Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral”.

Par. (2)(d). Pub. L. 99–508, § 101(b)(2), (c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” and struck out “or for the purpose of committing any other injurious act” after “of any State”.

Par. (2)(f). Pub. L. 99–508, § 101(b)(3), inserted “or chapter 121” in two places and substituted “foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means” for “foreign communications by a means”.

Par. (2)(g), (h). Pub. L. 99–508, § 101(b)(4), added subpars. (g) and (h).

Par. (3). Pub. L. 99–508, § 102, added par. (3).

Pars. (4), (5). Pub. L. 99–508, § 101(d)(2), added pars. (4) and (5).

1984—Par. (2)(e). Pub. L. 98–549, § 6(b)(2)(A), substituted “section 705 or 706” for “section 605 or 606”.

Par. (2)(f). Pub. L. 98–549, § 6(b)(2)(B), substituted “section 705” for “section 605”.

1978—Par. (2)(a)(ii). Pub. L. 95–511, § 201(a), substituted provisions authorizing communication common carriers etc., to provide information to designated persons, prohibiting disclosure of intercepted information, and rendering violators civilly liable for provision exempting communication common carriers from criminality for giving information to designated officers.

Par. (2)(e), (f). Pub. L. 95–511, § 201(b), added par. (2)(e) and (f).

Par. (3). Pub. L. 95–511, § 201(c), struck out par. (3) which provided that nothing in this chapter or section 605 of title 47 limited the President’s constitutional power to gather necessary intelligence to protect the national security and stated the conditions necessary for the reception into evidence and disclosure of communications intercepted by the President.

1970—Par. (2)(a). Pub. L. 91–358 designated existing provisions as cl. (i) and added cl. (ii).