The term "intercept" is defined in 18 U.S.C. § 2510(4) to mean
aural or other acquisition of the contents of any wire, electronic, or oral
communication through the use of any electronic, mechanical, or other
The Criminal Division takes the position, espoused by a number of courts,
would limit "intercept" to "the participation by the one charged with an
`interception' in the contemporaneous acquisition of the communication
the use of [a] device." United States v. Turk, 526 F.2d 654, 658
Cir.) (replay of audio cassette), cert. denied, 429 U.S. 823 (1976).
Accord Reynolds v. Spears, 93 F.3d 428, 432 (8th Cir. 1996).
See Payne v. Norwest, 911 F. Supp. 1299, 1303 (D. Mont. 1995)
The 1986 Act broadened the definition of "intercept" to include
non-aural acquisitions to accommodate the inclusion of electronic
as protected communications under Title III. The Senate Report specifically
noted that the "definition of `intercept' under current law is retained with
respect to wire and oral communications except that the term `or other' is
inserted after `aural.'" S. Rep. No. 99-541, 99th Cong., 2d Sess.. 13
reprinted in 1986 U.S.Code Cong. & Ad.News 3555, 3567.
[cited in USAM 9-60.200]