18 USC 2511(1)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 18 USC 2511(1) | status: Basic | banner: CUI.
- NARA sanctions field: 18 USC 2511(4) 18 USC 2511(5).
- DoD authority row: 18 USC 2511(1). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 18 USC 2511(1) | status: Basic | banner: CUI | sanctions: 18 USC 2511(4) 18 USC 2511(5)
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 585 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2511
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to the contents of any wire, oral, or electronic communication.
- DoD category scope used with this authority: Related to the contents of any wire, oral, or electronic communication.
- 18 USC 2511(1) | status: Basic | banner: CUI | sanctions: 18 USC 2511(4) 18 USC 2511(5)
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to the contents of any wire, oral, or electronic communication.
- Extracted authority condition: (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 as- sistance to persons authorized by law to inter- cept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveil- lance 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 or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978 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 assist- ance required.
- Extracted authority condition: (f) Nothing contained in this chapter or chap- ter 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 Gov- ernment 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 communica- tions system, utilizing a means other than elec- tronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in sec- tion 101 of such Act, and the interception of do- mestic wire, oral, and electronic communica- tions may be conducted.
- Extracted authority condition: L. 94–176, Dec. 23, 1975, 89 Stat. 1031, established a National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance, provided for its membership, Chairman, powers and functions, compensation and al- lowances, required the Commission to study and review the operation of the provisions of this chapter to deter- mine their effectiveness and to submit interim reports and a final report to the President and to the Congress of its findings and recommendations on or before Apr. 30, 1976, and also provided for its termination sixty days after submission of the final report. § 2511.
- Extracted authority condition: Interception and disclosure of wire, oral, or electronic communications prohibited (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 de- vice 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 commu- nication; 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 com- merce; or (iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the oper- ations of which affect interstate or foreign commerce; or (B) obtains or is for the pur- pose of obtaining information relating to the operations of any business or other commer- cial establishment the operations of which affect interstate or foreign commerce;...
- Extracted authority condition: (h) It shall not be unlawful under this chap- ter— (i) to use a pen register or a trap and trace device (as those terms are defined for the pur- poses of chapter 206 (relating to pen registers and trap and trace devices) of this title); or (ii) for a provider of electronic communica- tion 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 commu- nication, or a user of that service, from fraud- ulent, unlawful or abusive use of such service.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 18 USC 2511(1) | status: Basic | banner: CUI | sanctions: 18 USC 2511(4) 18 USC 2511(5) || 47 USC 605(a) | status: Basic | banner: CUI | sanctions: 47 USC 605(e)
- Nara banner markings: CUI
- Nara sanctions: 18 USC 2511(4) 18 USC 2511(5) || 47 USC 605(e)
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (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 fa- cilities are used in the transmission of a wire or electronic communication, to intercept, dis- close, 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 commu- nication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
- Extracted authority control: (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 com- munication made through an electronic com- munication system that is configured so that such electronic communication is readily ac- cessible 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, ve- hicles, or persons in distress; (II) by any governmental, law enforce- ment, civil defense, private land mobile, or public safety communications system, in- cluding police and fire, readily accessible to the general public; (III) by a station operating on an author- ized frequency within the bands allocated to the amateur, citizens band, or general mo- bile radio services; or (IV) by any marine or aeronautical com- munications system; (iii) to engage in any conduct which— (I) is prohibited by section 633 of the Com- munications Act of 1934; or (II) is excepted from the application of sec- tion 705(a) of the Communications Act of 1934 by section 705(b) of that Act; (iv) to intercept any wire or electronic com- munication the transmission of which is caus- ing harmful interference to any lawfully oper- ating station or consumer electronic equip- ment,...
- Extracted authority control: Manufacture, distribution, possession, and advertising of wire, oral, or electronic com- munication intercepting devices prohibited (1) Except as otherwise specifically provided in this chapter, any person who intentionally— (a) sends through the mail, or sends or car- ries in interstate or foreign commerce, any electronic, mechanical, or other device, know- ing 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 de- vice, 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 com- munications, and that such device or any com- ponent thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or (c) places in any newspaper, magazine, hand- bill, or other publication or disseminates by electronic means any advertisement of— (i) any electronic, mechanical, or other de- vice knowing or having reason to know that the design of such device renders it pri- marily useful for the purpose of the surrep- titious interception of wire, oral, or elec- tronic communications; or (ii) any other electronic,...
- Extracted authority control: (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 com- munications intercepted by the President. 1970—Par.
- Extracted authority control: Interception and disclosure of wire, oral, or electronic communications prohibited (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 de- vice 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 commu- nication; 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 com- merce; or (iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the oper- ations of which affect interstate or foreign commerce; or (B) obtains or is for the pur- pose of obtaining information relating to the operations of any business or other commer- cial establishment the operations of which affect interstate or foreign commerce;...
- Extracted authority control: (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 sec- ond 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 manda- tory $500 civil fine.
- Extracted authority control: (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.
Authority excerpts
Most relevant extracted authority passage(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 fa- cilities are used in the transmission of a wire or electronic communication, to intercept, dis- close, 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 commu- nication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
Extracted authority passage 2(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 com- munication made through an electronic com- munication system that is configured so that such electronic communication is readily ac- cessible 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, ve- hicles, or persons in distress; (II) by any governmental, law enforce- ment, civil defense, private land mobile, or public safety communications system, in- cluding police and fire, readily accessible to the general public; (III) by a station operating on an author- ized frequency within the bands allocated to the amateur, citizens band, or general mo- bile radio services; or (IV) by any marine or aeronautical com- munications system; (iii) to engage in any conduct which— (I) is prohibited by section 633 of the Com- munications Act of 1934; or (II) is excepted from the application of sec- tion 705(a) of the Communications Act of 1934 by section 705(b) of that Act; (iv) to intercept any wire or electronic com- munication the transmission of which is caus- ing harmful interference to any lawfully oper- ating station or consumer electronic equip- ment,...
Extracted authority passage 3Manufacture, distribution, possession, and advertising of wire, oral, or electronic com- munication intercepting devices prohibited (1) Except as otherwise specifically provided in this chapter, any person who intentionally— (a) sends through the mail, or sends or car- ries in interstate or foreign commerce, any electronic, mechanical, or other device, know- ing 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 de- vice, 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 com- munications, and that such device or any com- ponent thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or (c) places in any newspaper, magazine, hand- bill, or other publication or disseminates by electronic means any advertisement of— (i) any electronic, mechanical, or other de- vice knowing or having reason to know that the design of such device renders it pri- marily useful for the purpose of the surrep- titious interception of wire, oral, or elec- tronic communications; or (ii) any other electronic,...
Extracted authority passage 4(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 com- munications intercepted by the President. 1970—Par.
Extracted authority passage 5Interception and disclosure of wire, oral, or electronic communications prohibited (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 de- vice 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 commu- nication; 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 com- merce; or (iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the oper- ations of which affect interstate or foreign commerce; or (B) obtains or is for the pur- pose of obtaining information relating to the operations of any business or other commer- cial establishment the operations of which affect interstate or foreign commerce;...
Extracted authority passage 6(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 as- sistance to persons authorized by law to inter- cept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveil- lance 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 or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978 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 assist- ance required.