§ 2520. — Recovery of civil damages authorized.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2520]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 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).
(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 Dec. 31, 2005,
except amendment to continue in effect with respect to any particular
foreign intelligence investigation that began before Dec. 31, 2005, or
with respect to any particular offense or potential offense that began
or occurred before Dec. 31, 2005, 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.
Section Referred to in Other Sections
This section is referred to in section 2511 of this title.
