Except as authorized by chapter 119, title 18, no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, (1) to any person other than the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master of a ship under whom he is serving, (5) in response to a subpena issued by a court of competent jurisdiction, or (6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. This section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication which is transmitted by any station for the use of the general public, which relates to ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator.
The provisions of subsection (a) shall not apply to the interception or receipt by any individual, or the assisting (including the manufacture or sale) of such interception or receipt, of any satellite cable programming for private viewing if-
No person shall encrypt or continue to encrypt satellite delivered programs included in the National Program Service of the Public Broadcasting Service and intended for public viewing by retransmission by television broadcast stations; except that as long as at least one unencrypted satellite transmission of any program subject to this subsection is provided, this subsection shall not prohibit additional encrypted satellite transmissions of the same program.
For purposes of this section-
Nothing in this section shall affect any right, obligation, or liability under title 17, any rule, regulation, or order thereunder, or any other applicable Federal, State, or local law.
The Commission shall initiate an inquiry concerning the need for a universal encryption standard that permits decryption of satellite cable programming intended for private viewing. In conducting such inquiry, the Commission shall take into account-
If the Commission finds, based on the information gathered from the inquiry required by subsection (g), that a universal encryption standard is necessary and in the public interest, the Commission shall initiate a rulemaking to establish such a standard.
47 U.S.C. § 605
EDITORIAL NOTES
AMENDMENTS1996-Subsec. (e)(4). Pub. L. 104-104 inserted "or direct-to-home satellite services," after "programming,".1994-Subsec. (d)(6). Pub. L. 103-414, §303(a)(25), substituted "subsection (e)" for "subsection (d)".Subsec. (e)(3)(A). Pub. L. 103-414, §303(a)(26), substituted "paragraph (4) of this subsection" for "paragraph (4) of subsection (d)".Subsec. (f). Pub. L. 103-414, §303(a)(27), redesignated subsec. (f), relating to universal encryption standard, as (g).Subsec. (g). Pub. L. 103-414, §304(a)(15), which directed substitution of "The Commission" for "within 6 months after November 16, 1988, the Federal Communications Commission", was executed by making the substitution in text which read "Within 6 months" rather than "within 6 months" in introductory provisions to reflect the probable intent of Congress. Pub. L. 103-414, §303(a)(27), redesignated subsec. (f), relating to universal encryption standard, as (g). Former subsec. (g) redesignated (h).Subsec. (h). Pub. L. 103-414, §303(a)(27), (28), redesignated subsec. (g) as (h) and substituted "subsection (g)" for "subsection (f)".1988-Subsecs. (c), (d). Pub. L. 100-626 added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).Subsec. (d)(6). Pub. L. 100-667, §205(1), which directed the addition of par. (6) to subsec. (c), was executed to subsec. (d) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by Pub. L. 100-626.Subsec. (e). Pub. L. 100-667, §205(2)-(12), which directed the amendment of subsec. (d)(1) to (4) of this section, was executed to subsec. (e)(1) to (4) of this section, see below, to reflect the probable intent of Congress and the intervening redesignation of subsec. (d) as (e) by Pub. L. 100-626. Pub. L. 100-626 redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).Subsec. (e)(1). Pub. L. 100-667, §205(2), substituted "$2,000" for "$1,000".Subsec. (e)(2). Pub. L. 100-667, §205(3), substituted "$50,000 or imprisoned for not more than 2 years, or both, for the first such conviction and shall be fined not more than $100,000 or imprisoned for not more than 5 years" for "$25,000 or imprisoned for not more than 1 year, or both, for the first such conviction and shall be fined not more than $50,000 or imprisoned for not more than 2 years".Subsec. (e)(3)(A). Pub. L. 100-667, §205(4), inserted "or paragraph (4) of subsection (d)" before "may bring".Subsec. (e)(3)(B). Pub. L. 100-667, §205(5)-(8), struck out "may" after "The court" and substituted "may grant" for "grant" in cl. (i), "may award" for "award" in cl. (ii), and "shall direct" for "direct" in cl. (iii).Subsec. (e)(3)(C)(i)(II). Pub. L. 100-667, §205(9), inserted "of subsection (a)" after "violation", substituted "$1,000" for "$250", and inserted before period at end ", and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000, or more than $100,000, as the court considers just".Subsec. (e)(3)(C)(ii). Pub. L. 100-667, §205(10), substituted "$100,000 for each violation of subsection (a)" for "$50,000".Subsec. (e)(3)(C)(iii). Pub. L. 100-667, §205(11), substituted "$250" for "$100".Subsec. (e)(4). Pub. L. 100-667, §205(12), added par. (4) and struck out former par. (4) which read as follows: "The importation, manufacture, sale, or distribution of equipment by any person with the intent of its use to assist in any activity prohibited by subsection (a) shall be subject to penalties and remedies under this subsection to the same extent and in the same manner as a person who has engaged in such prohibited activity."Subsec. (f). Pub. L. 100-667, §204, added subsec. (f) relating to universal encryption standard. Pub. L. 100-626 redesignated subsec. (e), relating to rights, obligations, and liabilities under other laws, as (f).Subsec. (g). Pub. L. 100-667, §204, added subsec. (g).1984- Pub. L. 98-549, §5(a), designated existing provisions as subsec. (a) and added subsecs. (b) to (e).1982- Pub. L. 97-259 struck out "broadcast or" after "communication which is", substituted "any station" for "amateurs or others", struck out "or" after "general public,", and substituted "ships, aircraft, vehicles, or persons in distress, or which is transmitted by an amateur radio station operator or by a citizens band radio operator" for "ships in distress".1968- Pub. L. 90-351 inserted "Except as authorized by chapter 119, title 18", designated existing provisions as cls. (1) to (6), inserted "radio" before "communication" in second and fourth sentences, struck out "wire or" before "radio" in third sentence, and substituted "intercepted" for "obtained" in fourth sentence.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1988 AMENDMENTAmendment by Pub. L. 100-667 effective Jan. 1, 1989, see section 206 of Pub. L. 100-667 set out as an Effective Date note under section 119 of Title 17, Copyrights.
EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-549, §5(b), Oct. 30, 1984, 98 Stat. 2803, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the effective date of this Act [Dec. 29, 1984]."Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Pub. L. 98-549 set out as an Effective Date note under section 521 of this title.