Notes on 18 U.S.C. § 2520 : US Code - Notes

Search Notes on 18 U.S.C. § 2520 : US Code - Notes

(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
223; amended Pub. L. 91-358, title II, Sec. 211(c), July 29, 1970,
84 Stat. 654; Pub. L. 99-508, title I, Sec. 103, Oct. 21, 1986, 100
Stat. 1853; Pub. L. 107-56, title II, Sec. 223(a), Oct. 26, 2001,
115 Stat. 293; Pub. L. 107-296, title II, Sec. 225(e), Nov. 25,
2002, 116 Stat. 2157.)
AMENDMENT OF SECTION
For termination of amendment by Pub. L. 107-56, see Termination
Date of 2001 Amendment note below.
AMENDMENTS
2002 - Subsec. (d)(3). Pub. L. 107-296 inserted "or 2511(2)(i)"
after "2511(3)".
2001 - Subsec. (a). Pub. L. 107-56, Secs. 223(a)(1), 224,
temporarily inserted ", other than the United States," after
"person or entity". See Termination Date of 2001 Amendment note
below.
Subsecs. (f), (g). Pub. L. 107-56, Secs. 223(a)(2), (3), 224,
temporarily added subsecs. (f) and (g). See Termination Date of
2001 Amendment note below.
1986 - Pub. L. 99-508 amended section generally. Prior to
amendment, section read as follows: "Any person whose wire or oral
communication is intercepted, disclosed, or used in violation of
this chapter shall (1) have a civil cause of action against any
person who intercepts, discloses, or uses, or procures any other
person to intercept, disclose, or use such communications, and (2)
be entitled to recover from any such person -
"(a) actual damages but not less than liquidated damages
computed at the rate of $100 a day for each day of violation or
$1,000, whichever is higher;
"(b) punitive damages; and
"(c) a reasonable attorney's fee and other litigation costs
reasonably incurred.
A good faith reliance on a court order or legislative authorization
shall constitute a complete defense to any civil or criminal action
brought under this chapter or under any other law."
1970 - Pub. L. 91-358 substituted provisions that a good faith
reliance on a court order or legislative authorization constitute a
complete defense to any civil or criminal action brought under this
chapter or under any other law, for provisions that a good faith
reliance on a court order or on the provisions of section 2518(7)
of this chapter constitute a complete defense to any civil or
criminal action brought under this chapter.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
TERMINATION DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-56 to cease to have effect Feb. 3, 2006,
except amendment to continue in effect with respect to any
particular foreign intelligence investigation that began before
Feb. 3, 2006, or with respect to any particular offense or
potential offense that began or occurred before Feb. 3, 2006, see
section 224 of Pub. L. 107-56, set out as a note under section 2510
of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,
1986, and, in case of conduct pursuant to court order or extension,
applicable only with respect to court orders and extensions made
after such date, with special rule for State authorizations of
interceptions, see section 111 of Pub. L. 99-508, set out as a note
under section 2510 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 901(a)
of Pub. L. 91-358.