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1064. Injunctions Against Illegal Interception—18 U.S.C. § 2521

The 1986 Act added 18 U.S.C. § 2521, which authorizes the Attorney General to initiate civil proceedings to enjoin a felony violation of Title III. The new provision directs the court to proceed "as soon as practicable" to the hearing and determination of such an action, and authorizes the court to enter a restraining order, prohibition, or other action as is warranted before final determination 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. In addition, Section 2521 provides that any such injunction proceeding 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.

[cited in JM 9-60.200]

Updated September 19, 2018