                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
    CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
                   INTERCEPTION OF ORAL COMMUNICATIONS
 
Sec. 2512. Manufacture, distribution, possession, and 
        advertising of wire, oral, or electronic communication 
        intercepting devices prohibited
        
    (1) Except as otherwise specifically provided in this chapter, any 
person who intentionally--
        (a) sends through the mail, or sends or carries in interstate or 
    foreign commerce, any electronic, mechanical, or other device, 
    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 communications;
        (b) manufactures, assembles, possesses, or sells any electronic, 
    mechanical, or other device, 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 communications, and that such device or any component 
    thereof has been or will be sent through the mail or transported in 
    interstate or foreign commerce; or
        (c) places in any newspaper, magazine, handbill, or other 
    publication any advertisement of--
            (i) any electronic, mechanical, or other device 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 communications; or
            (ii) any other electronic, mechanical, or other device, 
        where such advertisement promotes the use of such device for the 
        purpose of the surreptitious interception of wire, oral, or 
        electronic communications,

    knowing or having reason to know that such advertisement will be 
    sent through the mail or transported in interstate or foreign 
    commerce,

shall be fined under this title or imprisoned not more than five years, 
or both.
    (2) It shall not be unlawful under this section for--
        (a) a provider of wire or electronic communication service or an 
    officer, agent, or employee of, or a person under contract with, 
    such a provider, in the normal course of the business of providing 
    that wire or electronic communication service, or
        (b) an officer, agent, or employee of, or a person under 
    contract with, the United States, a State, or a political 
    subdivision thereof, in the normal course of the activities of the 
    United States, a State, or a political subdivision thereof,

to send through the mail, send or carry in interstate or foreign 
commerce, or manufacture, assemble, possess, or sell any electronic, 
mechanical, or other device 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 communications.
    (3) It shall not be unlawful under this section to advertise for 
sale a device described in subsection (1) of this section if the 
advertisement is mailed, sent, or carried in interstate or foreign 
commerce solely to a domestic provider of wire or electronic 
communication service or to an agency of the United States, a State, or 
a political subdivision thereof which is duly authorized to use such 
device.

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 214; 
amended Pub. L. 99-508, title I, Sec. 101(c)(1)(A), (7), (f)(2), Oct. 
21, 1986, 100 Stat. 1851, 1853; Pub. L. 103-322, title XXXIII, 
Secs. 330016(1)(L), 330022, Sept. 13, 1994, 108 Stat. 2147, 2150; Pub. 
L. 104-294, title VI, Sec. 604(b)(45), Oct. 11, 1996, 110 Stat. 3509; 
Pub. L. 105-112, Sec. 2, Nov. 21, 1997, 111 Stat. 2273.)


                               Amendments

    1997--Par. (3). Pub. L. 105-112 added par. (3).
    1996--Par. (2). Pub. L. 104-294 amended directory language of Pub. 
L. 103-322, Sec. 330022. See 1994 Amendment note below.
    1994--Par. (1). Pub. L. 103-322, Sec. 330016(1)(L), substituted 
``fined under this title'' for ``fined not more than $10,000'' in 
concluding provisions.
    Par. (2). Pub. L. 103-322, Sec. 330022, as amended by Pub. L. 104-
294, realigned margins of concluding provisions.
    1986--Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire, oral, 
or electronic'' for ``wire or oral'' in section catchline.
    Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (f)(2), substituted 
``intentionally'' for ``willfully'' in introductory provision and 
``wire, oral, or electronic'' for ``wire or oral'' in subpars. (a), (b), 
and (c)(i), (ii).
    Par. (2)(a). Pub. L. 99-508, Sec. 101(c)(7), substituted ``a 
provider of wire or electronic communication service or'' for ``a 
communications common carrier or'', ``such a provider, in'' for ``a 
communications common carrier, in'', and ``business of providing that 
wire or electronic communication service'' for ``communications common 
carrier's business''.
    Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire, 
oral, or electronic'' for ``wire or oral''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 
604(d) of Pub. L. 104-294, set out as a note under section 13 of this 
title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986, 
and, in case of conduct pursuant to court order or extension, applicable 
only with respect to court orders and extensions made after such date, 
with special rule for State authorizations of interceptions, see section 
111 of Pub. L. 99-508, set out as a note under section 2510 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2513, 2516 of this title.
