Page:United States Statutes at Large Volume 100 Part 3.djvu/40

 100 STAT. 1848

PUBLIC LAW 99-508—OCT. 21, 1986

Public Law 99-508 99th Congress An Act Oct. 21, 1986 [H.R. 4952]

To amend title 18, United States Code, with respect to the interception of certain communications, other forms of surveillance, and for other purposes.

Electronic Communications Privacy Act of 1986. 18 USC 2510 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Electronic Communications Privacy Act of 1986".

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TITLE I—INTERCEPTION OF COMMUNICATIONS AND RELATED MATTERS SEC. 101. FEDERAL PENALTIES FOR THE INTERCEPTION OF COMMUNICATIONS.

(a) DEFINITIONS.—(1) Section 2510(1) of title 18, United States Code, is amended— (A) by striking out "any communication" and inserting "any aural transfer" in lieu thereof; (B) by inserting "(including the use of such connection in a switching station)" after "reception". (C) by striking out "as a common carrier" and (D) by inserting before the semicolon at the end the following: "or communications affecting interstate or foreign commerce and such term includes any electronic storage of such communication, but such term does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit". (2) Section 2510(2) of title 18, United States Code, is amended by inserting before the semicolon at the end the following: ", but such term does not include any electronic communication". (3) Section 2510(4) of title 18, United States Code, is amended— (A) by inserting "or other" after "aural"; and (B) by inserting ", electronic," after "wire". (4) Section 2510(5) of title 18, United States Code, is amended in clause (a)(i) by inserting before the semicolon the following: "or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business". (5) Section 2510(8) of title 18, United States Code, is amended by striking out "identity of the parties to such communication or the existence,". (6) Section 2510 of title 18, United States Code, is amended— (A) by striking out "and" at the end of paragraph (10); (B) by striking out the period at the end of paragraph (11) and inserting a semicolon in lieu thereof; and (C) by adding at the end the following: "(12) 'electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any

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