Page:United States Statutes at Large Volume 84 Part 1.djvu/676

 618

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

shall not apply to the contents of any wire or oral communication, or evidence derived therefrom, that has become common knowledge or public information. " (b) I t shall not be unlawful under this section for— "(1) an operator of a switchboard, or an officer, agent, or employee of a communication common carrier, whose facilities are used in the transmission of a wire 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 rendering of his service or to the protection of the rights or property of the carrier of such communication, or to provide information, facilities, or technical assistance to an investigative or law enforcement officer who, under this subchapter, is authorized to intercept a wire or oral communication, but no communication common carrier shall utilize service observing or random monitoring except for mechanical or service quality control checks; "(2) a person acting under color of law to intercept a wire or oral 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; or "(3) a person not acting under color of law to intercept a wire or oral 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, any State, or the District of Columbia, or for the purpose of committing any other injurious act. ^§23-543. Possession, sale, distribution, manufacture, assembly, and advertising of wire or oral communication inter' cepting devices prohibited " (a) Except as otherwise specifically provided in subsection (b) of this section, any person who in the District of Columbia— "(1) willfully possesses, sells, distributes, manufactures, or assembles an intercepting device, the design of which renders it primarily us"eful for the purpose of the surreptitious interception of a wire or oral communication; or "(2) willfully places in any newspaper, magazine, handbill, or other publication any advertisement of— " (A) any intercepting device, the design of which renders it primarily useful tor the purpose of the surreptitious interception of a wire or oral communication; or " (B) any intercepting device where such advertisement promotes the use of such device for the purpose of the surreptitious interception of a wire or oral communication; shall be fined not more than $10,000 or imprisoned not more than five years, or both. " (b) I t shall not be unlawful under this section for— "(1) a communication common carrier or an officer, agent, or employee of, or a person under contract with a communication common carrier, in the usual course of the communication common carrier's business; or " (2) a person under contract with the Government of the United States, a State or a political subdivision thereof, or the District of Columbia, or an officer, agent, or employee of the Government of the United States, a State or a political subdivision thereof, or the District of Columbia;

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