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such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States." for "made that - "(A) the information sought is relevant to an authorized foreign counterintelligence investigation; and "(B) there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person or entity have been used, through the services of such provider, in communication with - "(i) an individual who is engaging or has engaged in international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States; or "(ii) a foreign power or an agent of a foreign power under circumstances giving reason to believe that the communication concerned international terrorism as defined in section 101(c) of the Foreign Intelligence Surveillance Act or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States." 1996 - Subsec. (b)(1). Pub. L. 104-293 inserted "local and long distance" before "toll billing records". 1993 - Subsec. (b). Pub. L. 103-142, Sec. 1, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Required Certification. - The Director of the Federal Bureau of Investigation (or an individual within the Federal Bureau of Investigation designated for this purpose by the Director) may request any such information and records if the Director (or the Director's designee) certifies in writing to the wire or electronic communication service provider to which the request is made that - "(1) the information sought is relevant to an authorized foreign counterintelligence investigation; and "(2) there are specific and articulable facts giving reason to believe that the person or entity to whom the information sought pertains is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)." Subsec. (e). Pub. L. 103-142, Sec. 2, inserted ", and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate," after "Senate". -End- -CITE- 18 USC Sec. 2710 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- Sec. 2710. Wrongful disclosure of video tape rental or sale records -STATUTE- (a) Definitions. - For purposes of this section - (1) the term "consumer" means any renter, purchaser, or subscriber of goods or services from a video tape service provider; (2) the term "ordinary course of business" means only debt collection activities, order fulfillment, request processing, and the transfer of ownership; (3) the term "personally identifiable information" includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and (4) the term "video tape service provider" means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure. (b) Video Tape Rental and Sale Records. - (1) A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d). (2) A video tape service provider may disclose personally identifiable information concerning any consumer - (A) to the consumer; (B) to any person with the informed, written consent of the consumer given at the time the disclosure is sought; (C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or a court order; (D) to any person if the disclosure is solely of the names and addresses of consumers and if - (i) the video tape service provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure; and (ii) the disclosure does not identify the title, description, or subject matter of any video tapes or other audio visual material; however, the subject matter of such materials may be disclosed if the disclosure is for the exclusive use of marketing goods and services directly to the consumer; (E) to any person if the disclosure is incident to the ordinary course of business of the video tape service provider; or (F) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if - (i) the consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order; and (ii) the consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure. If an order is granted pursuant to subparagraph (C) or (F), the court shall impose appropriate safeguards against unauthorized disclosure. (3) Court orders authorizing disclosure under subparagraph (C) shall issue only with prior notice to the consumer and only if the law enforcement agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforcement inquiry. In the case of a State government authority, such a court order shall not issue if prohibited by the law of such State. A court issuing an order pursuant to this section, on a motion made promptly by the video tape service provider, may quash or modify such order if the information or records requested are unreasonably voluminous in nature or if compliance with such order otherwise would cause an unreasonable burden on such provider. (c) Civil Action. - (1) Any person aggrieved by any act of a person in violation of this section may bring a civil action in a United States district court. (2) The court may award - (A) actual damages but not less than liquidated damages in an amount of $2,500; (B) punitive damages; (C) reasonable attorneys' fees and other litigation costs reasonably incurred; and (D) such other preliminary and equitable relief as the court determines to be appropriate. (3) No action may be brought under this subsection unless such action is begun within 2 years from the date of the act complained of or the date of discovery. (4) No liability shall result from lawful disclosure permitted by this section. (d) Personally Identifiable Information. - Personally identifiable information obtained in any manner other than as provided in this section shall not be received in evidence in any trial, hearing, arbitration, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision of a State. (e) Destruction of Old Records. - A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (b)(2) or (c)(2) or pursuant to a court order. (f) Preemption. - The provisions of this section preempt only the provisions of State or local law that require disclosure prohibited by this section. -SOURCE- (Added Pub. L. 100-618, Sec. 2(a)(2), Nov. 5, 1988, 102 Stat. 3195.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2)(C), are set out in the Appendix to this title. -MISC1- PRIOR PROVISIONS A prior section 2710 was renumbered section 2711 of this title. -End- -CITE- 18 USC Sec. 2711 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- Sec. 2711. Definitions for chapter -STATUTE- As used in this chapter - (1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section; (2) the term "remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system; and (3) the term "court of competent jurisdiction" has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation. -SOURCE- (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat. 1868, Sec. 2710; renumbered Sec. 2711, Pub. L. 100-618, Sec. 2(a)(1), Nov. 5, 1988, 102 Stat. 3195; amended Pub. L. 107-56, title II, Sec. 220(a)(2), Oct. 26, 2001, 115 Stat. 292.) -STATAMEND- AMENDMENT OF SECTION For termination of amendment by Pub. L. 107-56, see Termination Date of 2001 Amendment note below. -MISC1- AMENDMENTS 2001 - Par. (3). Pub. L. 107-56, Secs. 220(a)(2), 224, temporarily added par. (3). See Termination Date of 2001 Amendment note below. 1988 - Pub. L. 100-618 renumbered section 2710 of this title as this section. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 13032. -End- -CITE- 18 USC Sec. 2712 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- Sec. 2712. Civil actions against the United States -STATUTE- (a) In General. - Any person who is aggrieved by any willful violation of this chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action in United States District Court against the United States to recover money damages. In any such action, if a person who is aggrieved successfully establishes such a violation of this chapter or of chapter 119 of this title or of the above specific provisions of title 50, the Court may assess as damages - (1) actual damages, but not less than $10,000, whichever amount is greater; and (2) litigation costs, reasonably incurred. (b) Procedures. - (1) Any action against the United States under this section may be commenced only after a claim is presented to the appropriate department or agency under the procedures of the Federal Tort Claims Act, as set forth in title 28, United States Code. (2) Any action against the United States under this section shall be forever barred unless it is presented in writing to the appropriate Federal agency within 2 years after such claim accrues or unless action is begun within 6 months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented. The claim shall accrue on the date upon which the claimant first has a reasonable opportunity to discover the violation. (3) Any action under this section shall be tried to the court without a jury. (4) Notwithstanding any other provision of law, the procedures set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which materials governed by those sections may be reviewed. (5) An amount equal to any award against the United States under this section shall be reimbursed by the department or agency concerned to the fund described in section 1304 of title 31, United States Code, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the department or agency concerned. (c) 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. (d) Exclusive Remedy. - Any action against the United States under this subsection shall be the exclusive remedy against the United States for any claims within the purview of this section. (e) Stay of Proceedings. - (1) Upon the motion of the United States, the court shall stay any action commenced under this section if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related investigation or the prosecution of a related criminal case. Such a stay shall toll the limitations periods of paragraph (2) of subsection (b). (2) In this subsection, the terms "related criminal case" and "related investigation" mean an actual prosecution or investigation in progress at the time at which the request for the stay or any subsequent motion to lift the stay is made. In determining whether an investigation or a criminal case is related to an action commenced under this section, the court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the 2 proceedings, without requiring that any one or more factors be identical. (3) In requesting a stay under paragraph (1), the Government may, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. If the Government makes such an ex parte submission, the plaintiff shall be given an opportunity to make a submission to the court, not ex parte, and the court may, in its discretion, request further information from either party. -SOURCE- (Added Pub. L. 107-56, title II, Sec. 223(c)(1), Oct. 26, 2001, 115 Stat. 294.) -STATAMEND- TERMINATION OF SECTION For termination of section by section 224 of Pub. L. 107-56, see Termination Date of 2001 Amendment note set out under section 2510 of this title. -REFTEXT- REFERENCES IN TEXT Sections 106, 305, and 405 of the Foreign Intelligence Surveillance Act of 1978, referred to in subsecs. (a) and (b)(4), are classified to sections 1806, 1825, and 1845, respectively, of Title 50, War and National Defense. The Federal Tort Claims Act, referred to in subsec. (b)(1), is classified generally to section 1346(b) and chapter 171 (Sec. 2671 et seq.) of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 18 USC CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS -HEAD- CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS -MISC1- Sec. 2721. Prohibition on release and use of certain personal information from State motor vehicle records. 2722. Additional unlawful acts. 2723. Penalties. 2724. Civil action. 2725. Definitions. AMENDMENTS 1996 - Pub. L. 104-294, title VI, Sec. 604(a)(3), Oct. 11, 1996, 110 Stat. 3506, added analysis. -End- -CITE- 18 USC Sec. 2721 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS -HEAD- Sec. 2721. Prohibition on release and use of certain personal information from State motor vehicle records -STATUTE- (a) In General. - A State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity: (1) personal information, as defined in 18 U.S.C. 2725(3), about any individual obtained by the department in

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