18 U.S.C. § 2707 : US Code - Section 2707: Civil action

Search 18 U.S.C. § 2707 : US Code - Section 2707: Civil action

(a) Cause of Action. - Except as provided in section 2703(e), any
provider of electronic communication service, subscriber, or other
person aggrieved by any violation of this chapter in which the
conduct constituting the violation is engaged in with a knowing or
intentional state of mind 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 a civil 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
(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
(c) Damages. - The court may assess as damages in a civil action
under this section the sum of the actual damages suffered by the
plaintiff and any profits made by the violator as a result of the
violation, but in no case shall a person entitled to recover
receive less than the sum of $1,000. If the violation is willful or
intentional, the court may assess punitive damages. In the case of
a successful action to enforce liability under this section, the
court may assess the costs of the action, together with reasonable
attorney fees determined by the court.
(d) 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.
(e) Defense. - A good faith reliance on -
(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization
(including a request of a governmental entity under section
2703(f) of this title);
(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) of this
title permitted the conduct complained of;
is a complete defense to any civil or criminal action brought under
this chapter or any other law.
(f) Limitation. - A civil action under this section may not be
commenced later than two years after the date upon which the
claimant first discovered or had a reasonable opportunity to
discover the violation.
(g) Improper Disclosure. - Any willful disclosure of a "record",
as that term is defined in section 552a(a) of title 5, United
States Code, obtained by an investigative or law enforcement
officer, or a governmental entity, pursuant to section 2703 of this
title, or from a device installed pursuant to section 3123 or 3125
of this title, that is not a disclosure made in the proper
performance of the official functions of the officer or
governmental entity making the disclosure, is a violation of this
chapter. This provision shall not apply to information previously
lawfully disclosed (prior to the commencement of any civil or
administrative proceeding under this chapter) to the public by a
Federal, State, or local governmental entity or by the plaintiff in
a civil action under this chapter.