18 U.S.C. § 2522 : US Code - Section 2522: Enforcement of the Communications Assistance for Law Enforcement Act

Search 18 U.S.C. § 2522 : US Code - Section 2522: Enforcement of the Communications Assistance for Law Enforcement Act

(a) Enforcement by Court Issuing Surveillance Order. - If a court
authorizing an interception under this chapter, a State statute, or
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) or authorizing use of a pen register or a trap and trace
device under chapter 206 or a State statute finds that a
telecommunications carrier has failed to comply with the
requirements of the Communications Assistance for Law Enforcement
Act, the court may, in accordance with section 108 of such Act,
direct that the carrier comply forthwith and may direct that a
provider of support services to the carrier or the manufacturer of
the carrier's transmission or switching equipment furnish forthwith
modifications necessary for the carrier to comply.
(b) Enforcement Upon Application by Attorney General. - The
Attorney General may, in a civil action in the appropriate United
States district court, obtain an order, in accordance with section
108 of the Communications Assistance for Law Enforcement Act,
directing that a telecommunications carrier, a manufacturer of
telecommunications transmission or switching equipment, or a
provider of telecommunications support services comply with such
Act.
(c) Civil Penalty. -
(1) In general. - A court issuing an order under this section
against a telecommunications carrier, a manufacturer of
telecommunications transmission or switching equipment, or a
provider of telecommunications support services may impose a
civil penalty of up to $10,000 per day for each day in violation
after the issuance of the order or after such future date as the
court may specify.
(2) Considerations. - In determining whether to impose a civil
penalty and in determining its amount, the court shall take into
account -
(A) the nature, circumstances, and extent of the violation;
(B) the violator's ability to pay, the violator's good faith
efforts to comply in a timely manner, any effect on the
violator's ability to continue to do business, the degree of
culpability, and the length of any delay in undertaking efforts
to comply; and
(C) such other matters as justice may require.
(d) Definitions. - As used in this section, the terms defined in
section 102 of the Communications Assistance for Law Enforcement
Act have the meanings provided, respectively, in such section.