18 U.S.C. § 2520 : US Code - Section 2520: Recovery of civil damages authorized

Search 18 U.S.C. § 2520 : US Code - Section 2520: Recovery of civil damages authorized

(a) In General. - Except as provided in section 2511(2)(a)(ii),
any person whose wire, oral, or electronic communication is
intercepted, disclosed, or intentionally used in violation of this
chapter may in a civil action recover from the person or entity,
other than the United States, which engaged in that violation such
relief as may be appropriate.
(b) Relief. - In an action under this section, appropriate relief
includes -
(1) such preliminary and other equitable or declaratory relief
as may be appropriate;
(2) damages under subsection (c) and punitive damages in
appropriate cases; and
(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
(c) Computation of Damages. - (1) In an action under this
section, if the conduct in violation of this chapter is the private
viewing of a private satellite video communication that is not
scrambled or encrypted or if the communication is a radio
communication that is transmitted on frequencies allocated under
subpart D of part 74 of the rules of the Federal Communications
Commission that is not scrambled or encrypted and the conduct is
not for a tortious or illegal purpose or for purposes of direct or
indirect commercial advantage or private commercial gain, then the
court shall assess damages as follows:
(A) If the person who engaged in that conduct has not
previously been enjoined under section 2511(5) and has not been
found liable in a prior civil action under this section, the
court shall assess the greater of the sum of actual damages
suffered by the plaintiff, or statutory damages of not less than
$50 and not more than $500.
(B) If, on one prior occasion, the person who engaged in that
conduct has been enjoined under section 2511(5) or has been found
liable in a civil action under this section, the court shall
assess the greater of the sum of actual damages suffered by the
plaintiff, or statutory damages of not less than $100 and not
more than $1000.
(2) In any other action under this section, the court may assess
as damages whichever is the greater of -
(A) the sum of the actual damages suffered by the plaintiff and
any profits made by the violator as a result of the violation; or
(B) statutory damages of whichever is the greater of $100 a day
for each day of violation or $10,000.
(d) Defense. - A good faith reliance on -
(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer
under section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) or
2511(2)(i) of this title permitted the conduct complained of;
is a complete defense against any civil or criminal action brought
under this chapter or any other law.
(e) Limitation. - A civil action under this section may not be
commenced later than two years after the date upon which the
claimant first has a reasonable opportunity to discover the
violation.
(f) Administrative Discipline. - If a court or appropriate
department or agency determines that the United States or any of
its departments or agencies has violated any provision of this
chapter, and the court or appropriate department or agency finds
that the circumstances surrounding the violation raise serious
questions about whether or not an officer or employee of the United
States acted willfully or intentionally with respect to the
violation, the department or agency shall, upon receipt of a true
and correct copy of the decision and findings of the court or
appropriate department or agency promptly initiate a proceeding to
determine whether disciplinary action against the officer or
employee is warranted. If the head of the department or agency
involved determines that disciplinary action is not warranted, he
or she shall notify the Inspector General with jurisdiction over
the department or agency concerned and shall provide the Inspector
General with the reasons for such determination.
(g) Improper Disclosure Is Violation. - Any willful disclosure or
use by an investigative or law enforcement officer or governmental
entity of information beyond the extent permitted by section 2517
is a violation of this chapter for purposes of section 2520(a).