Page:United States Statutes at Large Volume 108 Part 5.djvu/801

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PUBLIC LAW 103-414—OCT. 25 1994 108 STAT. 4291 phone handset and the base unit," after "cellular telephone communication,". SEC. 203. RADIO-BASED DATA COMMUNICATIONS. Section 2510(16) of title 18, United States Code, is amended— (1) by striking "or^ at the end of subparagraph (D); (2) by inserting "or^ at the end of subparagraph (E); and (3) by inserting after subparagraph (E) the following new subparagraph: "(F) an electronic conmiunication;". SEC. 204. PENALTIES FOR MONITORING RADIO COMMUNICATIONS THAT ARE TRANSMITTED USING MODULATION TECH- NIQUES WITH NONPUBLIC PARAMETERS. Section 2511(4)(b) of title 18, United States Code, is amended by striMng "or encrypted, then" and inserting ", encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then". SEC. 205. TECHNICAL CORRECTION. Section 2511(2)(a)(i) of title 18, United States Code, is amended by striking "used in the transmission of a wire conmiunication" and inserting "used in the transmission of a wire or electronic communication". SEC. 206. FRAUDULENT ALTERATION OF COMMERCIAL MOBILE RADIO INSTRUMENTS. (a) OFFENSE. —Section 1029(a) of title 18, United States Code, is amended— (1) by striking "or" at the end of paragraph (3); and (2) by inserting afl»r paragraph (4) the following new paragraphs: "(5) knowiogly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommimications services; or "(6) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses— "(A) a scanning receiver; or "(B) hardware or software used for altering or modify- ing telecommunications instruments to obtsdn unauthorized access to telecommunications services,". (b) PENALTY.— Section 1029(c)(2) of title 18, United States Code, is amended by striking "(a)(1) or (a)(4)" and inserting "(a)(1), (4), (5), or (6)". (c) DEFINITIONS. — Section 1029(e) of title 18, United States Code, is amended— (1) in paragraph (1) by inserting "electronic serial niunber, mobile identification nunmer, personal identification nmnber, or other teleconmiunications service, equipment, or instrument identifier," after "account number,"; (2) by striking "and" at the end of paragraph (5); (3) by striking the period at the end of paragraph (6) and inserting "; and"; and (4) by adding at the end the following new paragraph: 79-194 O—95 —26: QL 3 Part 5