18 U.S.C. § 2520 — Recovery of civil damages authorized

Page 650 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2520 formation with respect to those orders described in that annual report that were applied for by law en- forcement agencies of the Department of Justice and whose implementation involved the use of the DCS 1000 program (or any subsequent version of such program)— ‘‘(1) the kind of order or extension applied for (in- cluding whether or not the order was an order with respect to which the requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of title 18, United States Code, did not apply by reason of section 2518 (11) of title 18); ‘‘(2) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; ‘‘(3) the offense specified in the order or applica- tion, or extension of an order; ‘‘(4) the identity of the applying investigative or law enforcement officer and agency making the appli- cation and the person authorizing the application; ‘‘(5) the nature of the facilities from which or place where communications were to be intercepted; ‘‘(6) a general description of the interceptions made under such order or extension, including— ‘‘(A) the approximate nature and frequency of in- criminating communications intercepted; ‘‘(B) the approximate nature and frequency of other communications intercepted; ‘‘(C) the approximate number of persons whose communications were intercepted; ‘‘(D) the number of orders in which encryption was encountered and whether such encryption pre- vented law enforcement from obtaining the plain text of communications 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 intercep- tions made under such order or extension, and the of- fenses for which arrests were made; ‘‘(8) the number of trials resulting from such inter- ceptions; ‘‘(9) the number of motions to suppress made with respect to such interceptions, and the number grant- ed or denied; ‘‘(10) the number of convictions resulting from such interceptions and the offenses for which the convic- tions 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, § 2(b), May 2, 2000, 114 Stat. 247, pro- vided that: ‘‘The encryption reporting requirement in subsection (a) [amending this section] shall be effective for the report transmitted by the Director of the Ad- ministrative Office of the Courts for calendar year 2000 and in subsequent reports.’’ § 2520. Recovery of civil damages authorized (a) IN GENERAL.—Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, dis- closed, 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 puni- tive damages in appropriate cases; and (3) a reasonable attorney’s fee and other liti- gation 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 fol- lows: (A) If the person who engaged in that con- duct 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 ac- tual damages suffered by the plaintiff, or stat- utory 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 en- forcement officer under section 2518(7) of this title; or (3) a good faith determination that section 2511(3), 2511(2)(i), or 2511(2)(j) of this title per- mitted the conduct complained of; is a complete defense against any civil or crimi- nal action brought under this chapter or any other law. (e) LIMITATION.—A civil action under this sec- tion 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 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 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-