Telecommunications Privacy Act of 1980

Telecommunications Privacy Act of 1980 - Amends the Communications Act of 1934 to add a new title VII, "Interception of Protected Communications by Common Carriers and Other Persons." Defines "protected communication" to mean a transfer of information between persons or information processing facilities: (1) through facilities operated by a common carrier; (2) made on a private communication system; or (3) which is an oral communication uttered by a person having a reasonable expectation that such communication is not being intercepted. Establishes criminal penalties for anyone who: (1) knowingly intercepts any protected communication, knowingly discloses any protected information, or attempts to commit such violations; or (2) manufactures or possesses, in or affecting commerce, any device having reason to believe such device is primarily useful for the surreptitious interception of protected communications. Allows any such device to be seized and forfeited to the United States in accordance with seizure provisions in existing law. Expresses the intent of Congress that the Attorney General and other appropriate officials investigate as thoroughly as feasible all possible violations of this title. Prohibits any communication the disclosure of which is prohibited by this title from being admitted as evidence in any Federal or State proceeding. Permits a law enforcement officer who obtains protected information by means not prohibited by this title to disclose such information to another law enforcement officer or prosecuting attorney under certain circumstances. Permits the Attorney General to authorize an application by a law enforcement officer or a prosecuting attorney for the Federal Government to a district court for an order authorizing an interception of a protected communication. Allows State prosecuting attorneys to apply for such an order if authorized by State law. Specifies information which must be contained in any such application. Permits the district court to enter an ex parte order authorizing interception of protected communications upon a determination that: (1) there is probable cause to believe that an offense punishable by death or at least five years' imprisonment has occurred, or an obscene or harassing communication by telephone punishable under law has occurred; (2) there is probable cause that particular information being sought will be obtained; (3) normal investigative procedures have failed or appear unlikely to succeed or unreasonably dangerous; (4) the equipment to be used will minimize interception of other protected communications; and (5) other requirements are met and statements verified. Permits such an order also to be entered upon a determination that the interception will be made by a person who has the express consent of one of the parties to the communication involved. Specifies information which must be contained in any such ex parte order. Requires that intercepted communications be monitored or examined to determine if the information sought has been obtained. Provides for the sealing of interception applications and orders and intercepted information which is recorded. Requires that notice be served on each person named in the order as the object of surveillance within a reasonable time after the denial of an order or, if such order is granted, after the date for the termination of the interception period. Specifies additional notice requirements. Directs the court to make available to any person to whom notice is given the application, order, proceeding transcripts, and recordings of all interceptions. Permits such notice requirement to be postponed upon a showing of good cause to the court. Makes intercepted information and evidence derived from such information inadmissible in court proceedings unless each party has been furnished a copy of the court order not later than ten days before the proceeding. Directs the court issuing an interception order to report specified information to the Administrative Office of the U.S. Courts within 45 days after the date of the order. Requires a copy of the application and a complete transcript of the proceedings to be transmitted to such Office within 60 days of the order, and the disposition of all records of the interception to be reported to such Office within 90 days of the order. Directs the Attorney General and State prosecuting attorneys to report to the Administrative Office of the U.S. Courts specified information concerning interception orders in January of each year. Requires such Office to transmit to Congress a complete report concerning such information in April of each year. Authorizes any person whose protected communication is intercepted or disclosed in violation of this title to bring a civil action, including injunctive relief, against the person committing such violation.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on March 5, 1980. It describes the bill, it is not the legal text.

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