Page:United States Statutes at Large Volume 84 Part 1.djvu/675

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or " (B) a hearing aid or similar device being used to correct subnormal hearing to not better than normal; "(5) the term 'investigative or law enforcement officer" means any officer of the United States or of the District of Columbia who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this subchapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; "(6) the term 'contents', when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication; " (7) the term 'judge' means a judge of the Superior Court of the District of Columbia, a judge of the District of Columbia Court of Appeals, a judge of the United States District Court for the District of Columbia, and a judge of the United States Court of Appeals for the District of Columbia circuit; "(8) the term 'judge of competent jurisdiction' means, in addition to the judges included in paragraph (7)— " (A) a judge of a United States district court or a United States court of appeals not in the District of Columbia; 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 or oral communications; "(9) the term 'aggrieved person' means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed; "(10) the term 'communication common carrier' has the same meaning which is given the term 'common carrier' by section 3(h) of the Communications Act of 1934 (47 U.S.C. 153 (h)): and "(11) the term 'United States attorney' means the United States attorney for the District of Columbia or any of his assistants designated by him or otherwise designated by law to act in his place for the particular purpose in question. "§ 23-542. Interception, disclosure, and use of wire or oral communications prohibited " (a) Except as otherwise specifically provided in this subchapter, any person who in the District of Columbia— "(1) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire or oral communication; "(2) willfully discloses or endeavors to disclose to any other person the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication; or " (3) willfully uses or endeavors to use the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire or oral communication; shall be fined not more than $10,000 or imprisoned not more than five years, or both; except that paragraphs (2) and (3) of this subsection

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