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Federal law — U.S. Code and appendices · legal_authorities
The remedies and sanctions described in this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2708
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Stable record: federal_law:legal_authorities:record_usc_28c4c821a2bf33b875464249
Source file: Laws/federal/codes/united-states-code/title-18/section-2708-exclusivity-of-remedies--c09cd6a9c7.md
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Source location: Title 18, Chapter 121, § 2708; chapter-121-stored-wire-and-electronic-communications-and-transactional-records-access.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offense.—** Except as provided in subsection (c) of this section whoever— (1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section. **(b) Punishment.—** The punishment for an offense under subsection (a) of this section is— (1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State— (A) a fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and (B) a fine under this title or imprisonment for not more than 10 years, or both, for any subsequent offense under this subparagraph; and (2) in any other case— (A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and (B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section. **(c) Exceptions.—** Subsection (a) of this section does not apply with respect to conduct authorized— (1) by the person or entity providing a wire or electronic communications service; (2) by a user of that service with respect to a communication of or intended for that user; or (3) in section 2703, 2704 or
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
Page 665 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2708 under this section, the court may assess the costs of the action, together with reasonable at- torney 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 depart- ment or agency finds that the circumstances surrounding the violation raise serious ques- tions about whether or not an officer or em- ployee of the United States acted willfully or in- tentionally with respect to the violation, the de- partment 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 de- partment or agency involved determines that disciplinary action is not warranted, he or she shall notify the Inspector General with jurisdic- tion 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 en- forcement officer under section 2518(7) of this title; or (3) a good faith determination that section 2511(3), section 2702(b)(9), or section 2702(c)(7) of this title permitted the conduct complained of; is a complete defense to any civil or criminal ac- tion brought under this chapter
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2708
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