18 U.S.C. § 2522 — Enforcement of the Communications As-

Page 651 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2522 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. (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). (Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 223; amended Pub. L. 91–358, title II, § 211(c), July 29, 1970, 84 Stat. 654; Pub. L. 99–508, title I, § 103, Oct. 21, 1986, 100 Stat. 1853; Pub. L. 107–56, title II, § 223(a), Oct. 26, 2001, 115 Stat. 293; Pub. L. 107–296, title XXII, § 2207(e), formerly title II, § 225(e), Nov. 25, 2002, 116 Stat. 2157, renumbered § 2207(e), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 115–141, div. V, § 104(1)(B), Mar. 23, 2018, 132 Stat. 1216.) Editorial Notes AMENDMENTS 2018—Subsec. (d)(3). Pub. L. 115–141 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘a good faith determination that section 2511(3) or 2511(2)(i) of this title permitted the conduct complained of;’’. 2002—Subsec. (d)(3). Pub. L. 107–296 inserted ‘‘or 2511(2)(i)’’ after ‘‘2511(3)’’. 2001—Subsec. (a). Pub. L. 107–56, § 223(a)(1), inserted ‘‘, other than the United States,’’ after ‘‘person or enti- ty’’. Subsecs. (f), (g). Pub. L. 107–56, § 223(a)(2), (3), added subsecs. (f) and (g). 1986—Pub. L. 99–508 amended section generally. Prior to amendment, section read as follows: ‘‘Any person whose wire or oral communication is intercepted, dis- closed, 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 per- son 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 au- thorization 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 au- thorization 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. Statutory Notes and Related Subsidiaries 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, Do- mestic Security. 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. RULE OF CONSTRUCTION Pub. L. 115–141, div. V, § 106, Mar. 23, 2018, 132 Stat. 1224, provided that: ‘‘Nothing in this division [see sec- tion 101 of Pub. L. 115–141, set out as a Short Title of 2018 Amendment note under section 1 of this title], or the amendments made by this division, shall be con- strued to preclude any foreign authority from obtain- ing assistance in a criminal investigation or prosecu- tion pursuant to section 3512 of title 18, United States Code, section 1782 of title 28, United States Code, or as otherwise provided by law.’’ § 2521. Injunction against illegal interception 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 ini- tiate 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 determina- tion, enter such a restraining order or prohibi- tion, 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 gov- erned 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. (Added Pub. L. 99–508, title I, § 110(a), Oct. 21, 1986, 100 Stat. 1859.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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 exten- sions 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 Amend- ment note under section 2510 of this title. § 2522. Enforcement of the Communications As- sistance for Law Enforcement Act (a) ENFORCEMENT BY COURT ISSUING SURVEIL- LANCE ORDER.—If a court authorizing an inter- Page 652 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2523 ception 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 tele- communications 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 car- rier to comply. (b) ENFORCEMENT UPON APPLICATION BY ATTOR- NEY GENERAL.—The Attorney General may, in a civil action in the appropriate United States dis- trict court, obtain an order, in accordance with section 108 of the Communications Assistance for Law Enforcement Act, directing that a tele- communications carrier, a manufacturer of tele- communications 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 telecommuni- cations carrier, a manufacturer of tele- communications transmission or switching equipment, or a provider of telecommuni- cations 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 speci- fy. (2) CONSIDERATIONS.—In determining wheth- er to impose a civil penalty and in deter- mining 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 viola- tor’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 cul- pability, and the length of any delay in un- dertaking efforts to comply; and (C) such other matters as justice may re- quire. (d) DEFINITIONS.—As used in this section, the terms defined in section 102 of the Communica- tions Assistance for Law Enforcement Act have the meanings provided, respectively, in such sec- tion. (Added Pub. L. 103–414, title II, § 201(a), Oct. 25, 1994, 108 Stat. 4289.) Editorial Notes REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, re- ferred to in subsec. (a), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 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 Enforce- ment 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 (§ 1001 et seq.) of chapter 9 of Title 47, Telecommunications. Sections 102 and 108 of the Act are classified to sections 1001 and 1007, respectively, of Title 47. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1001 of Title 47 and Tables. § 2523. Executive agreements on access to data by foreign governments (a) DEFINITIONS.—In this section— (1) the term ‘‘lawfully admitted for perma- nent residence’’ has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); and (2) the term ‘‘United States person’’ means a citizen or national of the United States, an alien lawfully admitted for permanent resi- dence, an unincorporated association a sub- stantial number of members of which are citi- zens of the United States or aliens lawfully ad- mitted for permanent residence, or a corpora- tion that is incorporated in the United States. (b) EXECUTIVE AGREEMENT REQUIREMENTS.— For purposes of this chapter, chapter 121, and chapter 206, an executive agreement governing access by a foreign government to data subject to this chapter, chapter 121, or chapter 206 shall be considered to satisfy the requirements of this section if the Attorney General, with the con- currence of the Secretary of State, determines, and submits a written certification of such de- termination to Congress, including a written certification and explanation of each consider- ation in paragraphs (1), (2), (3), and (4), that— (1) the domestic law of the foreign govern- ment, including the implementation of that law, affords robust substantive and procedural protections for privacy and civil liberties in light of the data collection and activities of the foreign government that will be subject to the agreement, if— (A) such a determination under this sec- tion takes into account, as appropriate, credible information and expert input; and (B) the factors to be met in making such a determination include whether the foreign government— (i) has adequate substantive and proce- dural laws on cybercrime and electronic evidence, as demonstrated by being a party to the Convention on Cybercrime, done at Budapest November 23, 2001, and entered into force January 7, 2004, or through domestic laws that are consistent with definitions and the requirements set forth in chapters I and II of that Conven- tion; (ii) demonstrates respect for the rule of law and principles of nondiscrimination; (iii) adheres to applicable international human rights obligations and commit- ments or demonstrates respect for inter- national universal human rights, includ- ing— (I) protection from arbitrary and un- lawful interference with privacy; (II) fair trial rights; (III) freedom of expression, associa- tion, and peaceful assembly; (IV) prohibitions on arbitrary arrest and detention; and