Title 18, Crimes and Criminal ProcedureRelease 119-110
§2512 Manufacture, Distribution, Possession, and Advertising of Wire, Oral, or Electronic Communication Intercepting Devices Prohibited
Title 18 › PART I — CRIMES › CHAPTER 119 — WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS › § 2512
Summary
It is a crime to make, sell, mail, ship, or advertise a device that is mainly made to secretly listen to or record phone calls, face-to-face talks, or electronic messages if you know or should know what it is for. That ban covers sending things through the mail or moving them across state or national borders. If you break this rule, you can be fined, jailed for up to five years, or both. There are allowed exceptions. Phone or internet companies and their workers or contractors may use or handle such devices when doing their normal job. Federal, state, or local officers, employees, or contractors may also use or handle them while doing official duties. Ads may be sent only to a domestic communication provider or to an authorized government agency.
Full Legal Text
Title 18, §2512
Crimes and Criminal Procedure, Source: USLM XML via OLRC
(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 or disseminates by electronic means 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 the content of the advertisement and 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2002—Par. (1)(c). Pub. L. 107–296, in introductory provisions, inserted “or disseminates by electronic means” after “or other publication” and, in concluding provisions, inserted “knowing the content of the advertisement and” before “knowing or having reason to know”. 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, § 330022. See 1994 Amendment note below. 1994—Par. (1). Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” in concluding provisions. Par. (2). Pub. L. 103–322, § 330022, as amended by Pub. L. 104–294, realigned margins of concluding provisions. 1986—Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” in section catchline. Par. (1). Pub. L. 99–508, § 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, § 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, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an
Effective Date
note under section 101 of Title 6, Domestic Security.
Effective Date
of 1996 AmendmentAmendment 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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 2512
Title 18, Crimes and Criminal Procedure
Last Updated
Sep 23, 2026
Release point: 119-110