Sec. 325. Transmission of false distress signals. (a) No person within the jurisdiction of the United States shall knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent signal of distress, or communication relating thereto, nor shall any broadcasting station rebroadcast the program or any part thereof of another broadcasting station without the express authority of the originating station. --(48 Stat. 1091, ch. 652, title M.) EDITORIAL NOTE This section is embodied in the U.S. Code as sec. 325 of title 47. Sec. 327. Use of naval radio stations for commercial messages. The Secretary of the Navy is hereby authorized, unless restrained by international agreement, under the terms and conditions and at rates prescribed by him, which rates shall be just and reasonable, and which, upon complaint, shall be subject to review and revision by the Commisison, sic to use all radio stations and apparatus, wherever located, owned by the United States and under the control of the Navy Department, (a) for the reception and transmission of press messages offered by any newspaper published in the United States, its Territories or possessions, or published by citizens of the United States in foreign countries, or by any press association of the United States, and (b) for the reception and transmission of private commercial messages between ships, between ship and shore, between localities in Alaska and between Alaska and the continental United States: Provided, That the rates fixed for the reception and transmission of all such messages, other than press messages between the Pacific coast of the United States, Hawaii, Alaska, Guam, American Samoa, the Philippine Islands, and the Orient, and between the United States and the Virgin Islands, shall not be less than the rates charged by privately owned and operated stations for like messages and service: Provided further, That the right to use such stations for any of the purposes named in this section shall terminate and cease as between any countries or localities or between any locality and privately operated ships whenever privately owned and operated stations are capable of meeting the normal communication requirements between such countries or localities or between any locality and privately operated ships, and the Commission shall have notified the Secretary of the Navy thereof.--(48 Stat. 1091-1092, ch. 652, title III.) EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 327 of title 47. This section superseded sec. 30 of the Radio 41 Stat. 1061, as amended by a joint resolution of Sec. 329. Administration of radio laws in Territories and possessions. The Commission is authorized to designate any officer or employee of any other department of the Government on duty in any Territory or possession of the United States to render therein such service in connection with the administration of this Act as the Commission may prescribe and also to designate any officer or employee of any other department of the Government to render such services at any place within the United States in connection with the administration of title III of this Act as may be necessary: Provided, That such designation shall be approved by the head of the department in which such person is employed.--(48 Stat. 1092, ch. 652, title III; 50 Stat. 191, ch. 229.) EDITORIAL NOTES This section was expressly amended to read as above by act of May 20, 1937, ch. 229, sec. 9, 50 Stat. 191. This section, as amended, is embodied in the U.S. Code as sec. 329, of title 47. Sec. 357. Transmission of information concerning safety at sea. (a) The master of every ship of the United States equipped with radio transmitting apparatus, on meeting with dangerous ice, a dangerous derelict, a tropical storm, or any other direct danger to navigation, shall cause to be transmitted all pertinent information relating thereto, to ships in the vicinity and to the appropriate authorities, in accordance with rules and regulations issued by the Commission, which authorities of the United States shall, when they consider it necessary, promptly bring the information received by them to the knowledge of those concerned and foreign authorities interested. (b) No charge shall be made by any ship or station in the mobile service of the United States for the transmission, receipt, or relay of the information designated in subsection (a) originating on a ship of the United States or of a foreign country. (c) The transmission by any ship of the United States, made in compliance with subsection (a), to any station which imposes a charge for the reception, relay, or forwarding of the required information, shall be free of cost to the ship concerned and any communication charges incurred by the ship for transmission, relay, or forwarding of the information may be certified to the Commission for reimbursement out of moneys appropriated to the Commission for that purpose. (d) No charge shall be made by any ship or station in the mobile service of the United States for the transmission of distress messages and replies thereto in connection with situations involving the safety of life and property at sea. (e) Notwithstanding any other provision of law, any station or carrier may render free service in connection with situations involving the safety of life and property, including hydrographic reports, weather reports, reports regarding aids to navigation and medical assistance to injured or sick persons on ships and aircraft at sea. All free service permitted by this subsection shall be subject to such rules and regulations as the Commission may prescribe, which rules may limit such free service to the extent which the Commission finds desirable in the public interest.--(50 Stat. 192-195, ch. 229.) EDITORIAL NOTES This section was added by act of May 20, 1937, ch. 229, sec. 10, 50 Stat. 192-197. This section is embodied in the U.S. Code as sec. 357 of title 47. Sec. 352 of this act, which was added by act of May 20, 1937, ch. 229, sec. 10, 50 Stat. 192-197, provides that the provisions of sec. 357 and of certain related sections shall not apply to a "ship of war". Sec. 605. Unauthorized publication or use of communications. No person receiving or assisting in receiving, or 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, to any person other than the addressee, his agent, or attorney, or to a person employed or authorized to forward such communication to its destination, or to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, or to the master of a ship under whom he is serving, or in response to a subpena issued by a court of competent jurisdiction, or on demand of other lawful authority; and no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person; and no person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by wire or radio and use the same or any information therein contained for his own benefit or for, the benefit of another not entitled thereto; and no person having received such intercepted communication or having become acquainted with the contents, substance, purport, effect, or meaning of the same or any part thereof, knowing that such information was so obtained, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or use the same or any information therein contained for his own benefit or for the benefit of another not entitled thereto: Provided, That this section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication broadcast, or transmitted by amateurs or others for the use of the general public, or relating to ships in distress.--(48 Stat. 1103-1104, ch. 652, title VI.) EDITORIAL NOTE This section is embodied in the U. S. Code as sec. 605 of title 47. CASE NOTES Scope and operation of section. In view of the provisions of this section, evidence obtained by federal agents by tapping telephone wires and intercepting interstate is not admissible in a criminal trial in a district court of the United States. (Nardonne v. United States, 302 U.S. 379, Dec. 20, 1937. See also Nardonne v. United States, 308 U.S. 338, Dec. 11, 1939.) This section applies to intrastate as well as to interstate and foreign communications and bars admission in trials in the federal courts of evidence obtained by interception of intrastate telephone communications. (Weiss v. United States, 308 U.S. 321, Dec. 11, 1939.) This section does not render inadmissible, in a criminal trial in a federal court, testimony (otherwise admissible) of witnesses who were induced to testify by the use, in advance of the trial, of communications intercepted in violation of this section, but to which communications the defendants were not parties. (Goldstein v. United States, 316 U.S. 114, Apr. 27, 1942.) Divulgence of a person's telephone conversation, overheard as it was spoken into the telephone receiver, does not violate this section, as in such case there is neither a "communication" nor an "interception" within the meaning of the Federal Communications Act. (Goldman v. United States, 316 U.S. 129, Apr. 27, 1942.) "To hold that recording by the telephone/ company of the fact of a call between two of its telephones is an unauthorized interception of a communication would require a construction of the statute extending it beyond either its purpose or its words. The statute was not intended to prescribe long-standing, reasonable business practices of communication companies. When a person takes up a telephone he knows that the company will make, or may make, some kind of a record of the event, and he must be deemed to consent to whatever record the business convenience of the company requires. If by any stretch of language the making of such a record could be termed an interception' of the communication, it is one which the sender has authorized. Hence it is not within the ban of the statute." (United States v. Gallo, 123 F.2d 229, 231, Nov. 10, 1941.) "The statute does not speak of physical interruptions of the circuit, or of 'taps'; it speaks of interceptions' and anyone intercepts a message to whose intervention as a listener the communicants do not consent; the means he employs can have no importance; it is the breach of privacy that counts. (United States v. Polakoff, 112 F.2d 899, 889, June 10, 1940, cert. den., 311 U.S. 653.) No legal objection exists to the use of a dictaphone in connection with the recording of telephone conversations on routine business of the office concerned, where, as in the usual case, the purpose is to obtain accurate records of such calls and no prohibited use is involved. (File EN24-9/N36-4 (420307), Mar. 20, 1942, C. M.O. 1-1942, p. 296.) Sec. 606. Powers of President, during national emergency, with respect to communications; protection of communications in time of war. (a) During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this Act. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them and for any such purpose he is hereby authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction. (b) It shall be unlawful for any person during any war in which the United States is engaged to knowingly or willfully, by physical force or intimidation by threats of physical force, obstruct or retard or aid in obstructing or retarding interstate or foreign communication by radio or wire. The President is hereby authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section 6 or section 20 of an Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914. (c) Upon proclamation by the President that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. (d) Upon proclamation by the President that there exists a state or threat of war involving the United States, the President, if he deems it necessary in the interest of the national security and defense, may, during a period ending not later than six months after the termination of such state or threat of war and not later than such earlier date as the Congress by concurrent resolution may designate, (1) suspend or amend the rules and regulations applicable to any or all facilities or stations for wire communication within the jurisdiction of the United States as prescribed by the Commission, (2) cause the closing of any facility or station for wire communication and the removal therefrom of its apparatus and equipment, or (3) authorize the use or control of any such facility or station and its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. (e) The President shall ascertain the just compensation for such use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If the amount so certified is unsatisfactory to the person entitled thereto, such person shall be paid only 75 per centum of the amount and shall be entitled to sue the United States to recover such further sum as added to such payment of 75 per centum will make such amount as will be just compensation for the use and control. Such suit.shall be brought in the manner provided by paragraph 20 of section 24, or by section 145, of the Judicial Code, as amended. (f) Nothing in subsection (c) or (d) shall be construed to amend, repeal, impair, or affect existing laws or powers of the States in relation to taxation or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transmission of Government communications, or the issue of stocks and bonds by any communication system or systems. (g) Nothing in subsection (c) or (d) shall be construed to authorize the President to make any amendment to the rules and regulations of the Commission which the Commission would not be authorized by law to make; and nothing in subsection (d) shall be construed to authorize the President to take any action the force and effect of which shall continue beyond the date after which taking of such action would not have been authorized. (h) During the continuance of the war in which the United States is now engaged and for a period ending not later than six months after the termination of such war or such earlier date as the Congress by concurrent resolution may designate- (1) section 201 (b) of the Act shall not be construed as permitting or requiring the furnishing of reports of the positions of ships by common carriers subject to provisions of this Act; such reports may be furnished by such common carriers only pursuant to such rules and regulations as may be promulgated by the Secretary of the Navy; (2) section 306 shall not be construed to permit the transmission of communications or signals by a foreign ship when the same is within the jurisdiction of the United States except pursuant to such rules and regulations as may be promulgated by the Secretary of the Navy; (3) section 318 shall not be construed as preventing the emergency or temporary operation of the transmitting apparatus of radio stations for which licensed operators are required by international agreement or for safety purposes by any member of the armed forces of the United States, or upon aircraft by any person pursuant to direction of the military and naval authorities of the United States; (4) section 321 (b) shall not be construed as establishing any priority for distress messages over military message traffic determined by the Secretary of the Navy to require priority in transmission in the effective prosecution of the war; (5) intercommunication by radio stations in the mobile service as provided for in section 322 shall be conducted only in such manner and at such times as may be authorized by the Secretary of the Navy; (6) nothing contained in part II of title III of the Act shall be construed as preventing the military and naval authorities of the United States from ordering the emergency movement of ships at such times and under such circumstances as they may deem necessary in the effective prosecution of the war.--(48 Stat. 1104-1105, ch. 652, title VI; 56 Stat. 18, ch. 18; 56 Stat. 1096, ch. 836.) EDITORIAL NOTES This section was expressly amended to read as above by an act of Jan. 26, 1942, ch. 18, 56 Stat. 19, and an act Dec. 29, 1942, ch. 836, 56 Stat. 1096. This section, as amended, is embodied in the U.S. Code as sec. 606 of title 47. The following provision was included in an act of Aug. 13, 1912, ch. 297, sec. 2, 37 Stat. 303, relating to regulation of radio communication: "Every such license shall provide that the President of the United States in time of war or public peril or disaster may cause the closing of any station for radio communication and the removal therefrom of all radio apparatus, or may authorize the use or control of any such station or apparatus by any department of the Government, upon just compensation to the owners." The above-quoted provision was cited in the following executive orders: Exec. Order No. 2042, Sept. 5, 1914; Exec. Order No. 2595, Apr. 5, 1917; Exec. Order No. 2605-4. Apr. 30, 1917; and Exec. Order No. 3228, Feb. 13, 1920. A joint resolution of July 16, 1919, ch. 154, 40 Stat. 904, authorized and empowered the President "to supervise or to take possession and assume control of any telegraph, telephone, marine cable, or radio system or systems, or any part thereof, and to operate the same in any manner as may be needful or desirable for the duration of the war, which supervision, possession, control, or operation shall not extend beyond the date of the proclamation by the President of the exchange of ratification of the treaty of peace. Proc. No. 1466, July 22, 1919, 40 Stat. 1907, relating to telegraph and telephone systems, and Proc. No. 1492-A, Nov. 2, 1918, 40 Stat. 1872, relating to marine cable systems, were issued under authority of this joint resolution. This joint resolution was considered in the following cases: Commercial Cable Co. v. Burleson, 255 F. 39, Jan. 10, 1913, reversed on appeal, 250 J.S. 360, June 9, 1919; and Dakota Central Tel. Co. v. State of South Dakota ex rel. Payne, Attorney General, 250 U. 3. 163, June 2, 1919. The following provision was included in the Radio Act of 1927, approved Feb. 23, 1927, ch. 169, sec. 6, 44 Stat. 1155: "Upon oroclamation by the President that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the licensing authority, and may cause the closing of any station for radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. 11 Sec. 609. Citation of act. This Act may be cited as the "Communications Act of 1934."-- (48 Stat. 1105, ch. 2, title VI.) 1934, June 19. The Canal Zone Code./ That the seven titles hereinafter set forth shall constitute the Code of Laws for the Canal Zone and shall, for all purposes, establish conclusively, and be deemed to embrace, all the permanent laws relating to or applying in the Canal Zone in force on the date of enactment of this Act, except such general laws of the United States as relate to or apply in the Canal Zone. Such code shall be designated as the "Canal Zone Code" and shall take effect on the expiration of ninety days after the date of enactment of this Act. Copies of such code printed at the Government Printing Office and bearing its imprint shall be conclusive evidence of the original of such code. Sec. 2. The said Canal Zone Code shall not be published in the Session Laws or Statutes at Large, and there shall be printed and bound, as may be directed by the Joint Committee on Printing, such number of copies thereof as may be required for official use and distribution, including an index and any other explanatory matter the committee may deem necessary.--(48 Stat. 1122, ch. 667.) EDITORIAL NOTE The Canal Zone Code is printed in a separate volume entitled "Canal Zone Code, 1934." 2. Establishment of Canal Zone.--The zone of land and land under water of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the canal constructed thereon, which zone begins in the Caribbean Sea three marine miles from mean low-water mark and extends to and across the Isthmus of Panama into the Pacific Ocean to the distance of three marine miles from mean low-water mark, excluding therefrom the cities of Panama and Colon and their adjacent harbors located within said zone, as excepted in the treaty with the Republic of Panama dated November 18, 1903, but including all islands within said described zone, and in addition thereto the group of islands in the Bay of Panama named Perico, Naos, Culebra, and Flamenco, and any lands and waters outside of said limits above described which are necessary or convenient or from time to time may become necessary or convenient for the construction, maintenance, operation, sanitation or protection of the said canal or of any auxiliary canals, lakes or other works necessary or convenient for the construction, maintenance, operation, sanitation or protection of said canal, the use, occupancy or control whereof were granted to the United States by the treaty between the United States and the Republic of Panama, the ratifications of which were exchanged on February 26, 1904, shall be known and designated as the Canal Zone, and the canal constructed thereon shall be known and designated as the Panama Canal. EDITORIAL NOTE This section of title 2 of the Canal Zone Code was derived from the first section of an act of Aug. 24, 1912, ch. 390, 37 Stat. 560-561. The first section of the act of Aug. 24, 1912, is embodied in the U.S. Code as sec. 1302 of title 48. CASE NOTE Status of the Canal Zone.- "It has been held that the Panama Canal is treated as a foreign country by the laws of the United States except for purposes of extradition 'and for such purposes only'. Macomber and Whyte Rope Co. v. United Fruit Co., 225 Ill.App. 286. Also, it has been held that the ports of the Canal Zone are foreign ports for the 3. Acquisition of additional land; exchange of land.--The President is authorized, by treaty with the Republic of Panama: a. To acquire any additional land or land under water not already granted, or which was excepted from the grant, that he may deem necessary for the operation, maintenance, sanitation or protection of the Panama Canal; and b. To exchange any land or land under water not deemed necessary for such purposes, for other land or land under water which may be deemed necessary for such purposes; Which additional land or land under water so acquired shall become part of the Canal Zone. EDITORIAL NOTE This section of title 2 of the Canal Zone Code was derived from the first section of an act of Aug. 24, 1912, ch. 390, 37 Stat. 560-561. The first section of the act of Aug. 24, 1912, is embodied in the U.S. Code as sec. 1302 of title 48. |