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
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