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ions intercepted pursuant to such order; and "(E) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions; "(7) the number of arrests resulting from interceptions made under such order or extension, and the offenses for which arrests were made; "(8) the number of trials resulting from such interceptions; "(9) the number of motions to suppress made with respect to such interceptions, and the number granted or denied; "(10) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and "(11) the specific persons authorizing the use of the DCS 1000 program (or any subsequent version of such program) in the implementation of such order." ENCRYPTION REPORTING REQUIREMENTS Pub. L. 106-197, Sec. 2(b), May 2, 2000, 114 Stat. 247, provided that: "The encryption reporting requirement in subsection (a) [amending this section] shall be effective for the report transmitted by the Director of the Administrative Office of the Courts for calendar year 2000 and in subsequent reports." -End- -CITE- 18 USC Sec. 2520 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS -HEAD- Sec. 2520. Recovery of civil damages authorized -STATUTE- (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). -SOURCE- (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.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by Pub. L. 107-56, see Termination Date of 2001 Amendment note below. -MISC1- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2511 of this title. -End- -CITE- 18 USC Sec. 2521 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS -HEAD- Sec. 2521. Injunction against illegal interception -STATUTE- Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of this chapter, the Attorney General may initiate a civil action in a district court of the United States to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure. -SOURCE- (Added Pub. L. 99-508, title I, Sec. 110(a), Oct. 21, 1986, 100 Stat. 1859.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title. -MISC1- EFFECTIVE DATE Section 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 an Effective Date of 1986 Amendment note under section 2510 of this title. -End- -CITE- 18 USC Sec. 2522 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS -HEAD- Sec. 2522. Enforcement of the Communications Assistance for Law Enforcement Act -STATUTE- (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. -SOURCE- (Added Pub. L. 103-414, title II, Sec. 201(a), Oct. 25, 1994, 108 Stat. 4289.) -REFTEXT- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2518, 3124 of this title; title 47 section 1007. -End- -CITE- 18 USC CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS -HEAD- CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS -MISC1- Sec. 2701. Unlawful access to stored communications. 2702. Voluntary disclosure of customer communications or records. 2703. Required disclosure of customer communications or records. 2704. Backup preservation. 2705. Delayed notice. 2706. Cost reimbursement. 2707. Civil action. 2708. Exclusivity of remedies. 2709. Counterintelligence access to telephone toll and transactional records. 2710. Wrongful disclosure of video tape rental or sale records. 2711. Definitions for chapter. 2712. Civil actions against the United States. AMENDMENTS 2002 - Pub. L. 107-273, div. B, title IV, Sec. 4005(b), Nov. 2, 2002, 116 Stat. 1812, made technical correction to directory language of Pub. L. 107-56, title II, Sec. 223(c)(2), Oct. 26, 2001, 115 Stat. 295, effective Oct. 26, 2001. See 2001 Amendment note below. 2001 - Pub. L. 107-56, title II, Secs. 223(c)(2), 224, Oct. 26, 2001, 115 Stat. 295, as amended by Pub. L. 107-273, div. B, title IV, Sec. 4005(b), Nov. 2, 2002, 116 Stat. 1812, temporarily added item 2712. Pub. L. 107-56, title II, Secs. 212(a)(2), (b)(2), 224, Oct. 26, 2001, 115 Stat. 285, 295, temporarily substituted "Voluntary disclosure of customer communications or records" for "Disclosure of contents" in item 2702 and "Required disclosure of customer communications or records" for "Requirements for governmental access" in item 2703. 1988 - Pub. L. 100-690, title VII, Sec. 7067, Nov. 18, 1988, 102 Stat. 4405, which directed amendment of item 2710 by inserting "for chapter" after "Definitions" was executed by making the insertion in item 2711 to reflect the probable intent of Congress and the intervening redesignation of item 2710 as 2711 by Pub. L. 100-618, see below. Pub. L. 100-618, Sec. 2(b), Nov. 5, 1988, 102 Stat. 3197, added item 2710 and rede

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