§ 2522. — Enforcement of the Communications Assistance for Law Enforcement Act.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2522]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 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.
(Added Pub. L. 103-414, title II, Sec. 201(a), Oct. 25, 1994, 108 Stat.
4289.)
References in Text
The Foreign Intelligence Surveillance Act of 1978, referred to in
subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
amended, which is classified principally to chapter 36 (Sec. 1801 et
seq.) of Title 50, War and National Defense. For complete classification
of this Act to the Code, see Short Title note set out under section 1801
of Title 50 and Tables.
The Communications Assistance for Law Enforcement Act, referred to
in subsecs. (a) and (b), is title I of Pub. L. 103-414, Oct. 25, 1994,
108 Stat. 4279, which is classified generally to subchapter I (Sec. 1001
et seq.) of chapter 9 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs. Sections 102 and 108 of the Act are classified to
sections 1001 and 1007, respectively, of Title 47. For complete
classification of this Act to the Code, see Short Title note set out
under section 1001 of Title 47 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 2518, 3124 of this title;
title 47 section 1007.
