Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

1063. Providing Notice of Electronic Surveillance—18 U.S.C. § 2232(c)

The 1986 Act amended 18 U.S.C. § 2232 to criminalize the disclosure of an authorization or an application for electronic surveillance under Title III or FISA. The new provision, added as subsection (c) to 18 U.S.C. §  2232, provides a five year penalty and a fine under Title 18 for warning or attempting to warn the subject of an electronic surveillance application "in order to obstruct, impede or prevent such interception." The Supreme Court has recently provided guidance in construing this subsection. United States v. Aguilar, 115 S. Ct. 2357, 2363-65 (1995).

[cited in JM 9-60.200]

Updated September 19, 2018