Except as otherwise specifically provided in subsection (b) of this section, any person who in the District of Columbia — willfully possesses, sells, distributes, manufactures, or assembles an intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication; or willfully places in any newspaper, magazine, handbill, or other publication any advertisement of — any intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication; or any intercepting device where such advertisement promotes the use of such device for the purpose of the surreptitious interception of a wire or oral communication; shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than five years, or both. It shall not be unlawful under this section for — a communication common carrier or an officer, agent, or employee of, or a person under contract with a communication common carrier, in the usual course of the communication common carrier’s business; or a person under contract with the Government of the United States, a State or a political subdivision thereof, or the District of Columbia, or an officer, agent, or employee of the Government of the United States, a State or a political subdivision thereof, or the District of Columbia; to possess, sell, distribute, manufacture or assemble, or advertise any intercepting device, while acting in furtherance of the appropriate activities of the United States, a State or political subdivision thereof, the District of Columbia, or a communication common carrier.
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