Browse Arkansas Code titles and sections
18 U.S.C. § 2707 — Civil action
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cause of Action.—** Except as provided in section 2703(e), any provider of electronic communication service, subscriber, or other person aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind 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 a civil 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
(3) a reasonable attorney’s fee and other litigation costs reasonably incurred.
**(c) Damages.—** The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000. If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney 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 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, upo
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2707
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 2154265c62c9ac3ec45c83d4ecbe674e5b4eec511290d378214c060886fb9f72. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_841b25a3973fc58b9d1ca6f9
Source file: Laws/federal/codes/united-states-code/title-18/section-2707-civil-action--7fce3b03d2.md
Pages: Not recorded – Not recorded
Passage SHA-256: 32ad0e7215760bc140492da4f20df1fb96e5a9b8b8715c7a2936e528213a9350
Source location: Title 18, Chapter 121, § 2707; chapter-121-stored-wire-and-electronic-communications-and-transactional-records-access.md
Stored source content
**(a) Cause of Action.—** Except as provided in section 2703(e), any provider of electronic communication service, subscriber, or other person aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind 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 a civil 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
(3) a reasonable attorney’s fee and other litigation costs reasonably incurred.
**(c) Damages.—** The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000. If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney 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 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.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2703/f&num=0&edition=prelim));
(2) a request of an investigative or law enforcement officer under [section 2518(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2518/7&num=0&edition=prelim); or
(3) a good faith determination that section 2511(3), section 2702(b)(9), or [section 2702(c)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2702/c/7&num=0&edition=prelim) permitted the conduct complained of;
is a complete defense to any civil or criminal action brought under this chapter or any other law.
**(f) Limitation.—** A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
**(g) Improper Disclosure.—** Any willful disclosure of a “record”, as that term is defined in [section 552a(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a/a&num=0&edition=prelim), United States Code, obtained by an investigative or law enforcement officer, or a governmental entity, pursuant to [section 2703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2703&num=0&edition=prelim), or from a device installed pursuant to section 3123 or 3125 of this title, that is not a disclosure made in the proper performance of the official functions of the officer or governmental entity making the disclosure, is a violation of this chapter. This provision shall not apply to information previously lawfully disclosed (prior to the commencement of any civil or administrative proceeding under this chapter) to the public by a Federal, State, or local governmental entity or by the plaintiff in a civil action under this chapter.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents of Wire or Electronic Communications in Electronic Storage.—** A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice), issued under section 846 of that title, in accordance with regulations prescribed by the President) by a court of competent jurisdiction. A governmental entity may require the disclosure by a provider of electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section.
**(b) Contents of Wire or Electronic Communications in a Remote Computing Service.—**
(1) A governmental entity may require a provider of remote computing service to disclose the contents of any wire or electronic communication to which this paragraph is made applicable by paragraph (2) of this subsection—
(A) without required notice to the subscriber or customer, if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures and, in the case of a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Mili
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2703
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 664
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2706
vider named in such process or request was
supplied to or requested by that govern-
mental authority and the date on which the
supplying or request took place;
(ii) that notification of such customer or
subscriber was delayed;
(iii) what governmental entity or court
made the certification or determination pur-
suant to which that delay was made; and
(iv) which provision of this chapter al-
lowed such delay.
(6) As used in this subsection, the term ‘‘super-
visory official’’ means the investigative agent in
charge or assistant investigative agent in
charge or an equivalent of an investigating
agency’s headquarters or regional office, or the
chief prosecuting attorney or the first assistant
prosecuting attorney or an equivalent of a pros-
ecuting attorney’s headquarters or regional of-
fice.
(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV-
ERNMENTAL
ACCESS.—A governmental entity
acting under section 2703, when it is not required
to notify the subscriber or customer under sec-
tion 2703(b)(1), or to the extent that it may delay
such notice pursuant to subsection (a) of this
section, may apply to a court for an order com-
manding a provider of electronic communica-
tions service or remote computing service to
whom a warrant, subpoena, or court order is di-
rected, for such period as the court deems appro-
priate, not to notify any other person of the ex-
istence of the warrant, subpoena, or court order.
The court shall enter such an order if it deter-
mines that there is reason to believe that notifi-
cation of the existence of the warrant, subpoena,
or court order will result in—
(1) endangering the life or physical safety of
an individual;
(2) flight from prosecution;
(3) destruction of or tampering
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2707
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.