Section 844(e) is a specific intent offense that prohibits the use of the mails, telephone, or other instruments of interstate or foreign commerce to make threats or convey false information. As amended by the Antiterrorism Act of 1996, § 724, 110 Stat. at 1300, section 844(e) also prohibits whoever, "in or affecting interstate or foreign commerce," makes false bomb or arson reports. Id.

The provisions of 18 U.S.C. § 844(e) should not be used unless a substantial Federal interest is involved. For example, section 844(e) should not be used in a situation involving a bomb threat by a student against a school, or by an employee of an organization other than the Federal government. These types of cases should be deferred to State or local authorities whenever possible. The Federal Bureau of Investigation has been instructed to decline investigation of § 844(e) violations unless the identity of the offender is readily ascertainable or known, or a pattern or plan of these offenses appears to exist.