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18 U.S.C. § 2521Injunction 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

in plain englishAI-generated · not legal advice

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

- Located at 18 U.S.C. § 2521, titled "Injunction against illegal interception." - Added by Pub. L. 99–508, title I, § 110(a), enacted October 21, 1986 (100 Stat. 1859). - Contains 149 words in its body text. - Has one source-credit reference and one recorded amendment.
the actual law source: uscode.house.gov ↗public domain

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.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-508 · 100 Stat. 1859
The source credit indicates that this section was added by Public Law 99–508, title I, § 110(a), enacted October 21, 1986, and published at 100 Stat. 1859. The credit shows no further amendments to the section since its original enactment, suggesting the text has remained stable in the years following its addition to the chapter. Public Law 99–508 is commonly known as the Electronic Communications Privacy Act of 1986. The Act is generally understood to have updated federal wiretap and surveillance law to address the growth of electronic communications—such as email, cellular telephones, and computer data transmissions—that were not clearly covered by earlier statutes focused on traditional wire and oral communications. Title I of the Act extended and refined the federal wiretap statute, and provisions like this one are consistent with the broader legislative effort to strengthen enforcement mechanisms available to federal authorities in policing unlawful interception of communications. Beyond this general historical backdrop, the record does not establish the specific legislative reasoning behind granting the Attorney General civil injunctive authority in this particular section, as opposed to relying solely on criminal enforcement. No committee report, sponsor statement, or other documented legislative history is available here to explain why Congress chose this particular remedy or the precise concerns that prompted its inclusion. Readers seeking that level of detail should consult the underlying legislative history directly.

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