18 U.S.C. § 2521 — Injunction against illegal interception
submitted 40 years ago by Pub. L. 99-508 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 149 words · no verdicts yet
The Attorney General can sue in federal court to stop illegal wiretapping. Courts must act quickly and can issue restraining orders to prevent serious, ongoing harm. Normal civil rules apply, but criminal discovery rules apply if the person was already indicted.
This section lets the Attorney General go to court to stop illegal wiretapping before or during it.
This applies if someone is committing, or about to commit, a felony violation of this chapter's wiretapping rules. In that case, the Attorney General may file a civil lawsuit in a U.S. district court. The goal of the lawsuit is to stop the violation.
The court must move as quickly as it practically can to hear and decide the case. Before making a final decision, the court may issue a restraining order or a ban. The court may also take other action needed to prevent serious, ongoing harm. That harm could be to the United States, or to any person or group.
Normal federal civil court rules apply to this kind of case. But if the person involved has already been indicted for the same conduct, criminal court discovery rules apply instead of civil ones.
facts
Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this chapter, the Attorney General may initiate a civil action in a district court of the United States* to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.
Source credit: (Added Pub. L. 99–508, title I, § 110(a), Oct. 21, 1986, 100 Stat. 1859.)
- 1986Enacted · Pub. L. 99-508 · 100 Stat. 1859
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