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- Section 2511: Interception and disclosure of wire, oral, or
electronic communications prohibited
- It shall not be unlawful under this chapter for a person
acting under color of law to intercept a wire, oral, or electronic
communication, where such person is a party to the communication
or one of the parties to the communication has given prior
consent to such interception.
- It shall not be unlawful under this chapter for a person
not acting under color of law to intercept a wire, oral, or
electronic 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
tortuous act in violation of the Constitution or laws of the
United States or of any State.
- Section 2702: Disclosure of contents
- A person or entity providing an electronic communication service
to the pubic shall not knowingly divulge to any person or entity
the contents of a communication while in electronic storage by
that service; and
- A person or entity providing remote computing service to the
public shall not knowingly divulge to any person or entity the
contents of any communication which is carried or maintained on that service—
- on behalf of, and received by means of electronic transmission
from (or created by means of computer processing of communications
received by means of electronic transmission from), a subscriber or
customer of such service; and
- solely for the purpose of providing storage or computer processing
services to such subscriber or customer, if the provider is not
authorized to access the contents of any such communications for
purposes of providing any services other than storage or computer processing.
- Exceptions. A person or entity may divulge the contents of a
communication
- to an addressee or intended recipient of such communication
or an agent of such addressee or intended recipient;
- with the lawful consent of the originator or an addressee
or intended recipient of such communication, or the subscriber
in the case of remote computing service;
- to a person employed or authorized or whose facilities
are used to forward such communication to its destination.
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