Section 2511(2)(a)(i) of Title 18 permits employees of providers of
wire or electronic communication services to intercept, disclose or use wire
or
electronic communications in the normal course of employment while engaged
in any
activity which is necessarily incident to the rendition of service or to the
protection of the rights or property of the carrier of the communication.
(The
1994 Act made a "technical correction" that expanded this exception, which
applies to wire or electronic service providers in the normal course of
their
business of rendering services or protecting rights or property to include
not
only wire communications but also electronic communications. House Rep. No.
103-827, 103d Cong., 2d Sess. 31 (1994), reprinted in 1994 U.S.Code
Cong.
& Ad.News 3489, 3511.) Interception, divulgence, or use for other purposes
is
not permitted.
The provision allows telephone companies to combat "blue box" toll
fraud by intercepting portions of telephone calls which have been completed
by
circumventing the companies' billing systems. SeeUnited States
v.
Auler, 539 F.2d 642 (7th Cir. 1976); United States v. Clegg, 509
F.2d
605 (5th Cir. 1975). The provision has been applied by one court to an
entity,
an airline that operated a computerized travel reservation system, that was
not
a traditional telephone company. SeeUnited States v.
Mullins, 992
F.2d 1472 (9th Cir.), cert. denied, 509 U.S. 905 (1993).