18 U.S.C. § 2710 — Wrongful disclosure of video tape rental

Page 668 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2710 of Pub. L. 99–508, set out as a note under section 2701 of this title. § 2710. Wrongful disclosure of video tape rental or sale records (a) DEFINITIONS.—For purposes of this sec- tion— (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 trans- fer of ownership; (3) the term ‘‘personally identifiable infor- mation’’ includes information which identifies a person as having requested or obtained spe- cific 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 mate- rials, 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 (including through an electronic means using the Internet) of the consumer that— (i) is in a form distinct and separate from any form setting forth other legal or finan- cial obligations of the consumer; (ii) at the election of the consumer— (I) is given at the time the disclosure is sought; or (II) is given in advance for a set period of time, not to exceed 2 years or until con- sent is withdrawn by the consumer, which- ever is sooner; and (iii) the video tape service provider has provided an opportunity, in a clear and con- spicuous manner, for the consumer to with- draw on a case-by-case basis or to withdraw from ongoing disclosures, at the consumer’s election; (C) to a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State war- rant, 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 pro- vided 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 mate- rials 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 pro- ceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if— (i) the consumer is given reasonable no- tice, 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 oppor- tunity 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 no- tice to the consumer and only if the law enforce- ment agency shows that there is probable cause to believe that the records or other information sought are relevant to a legitimate law enforce- ment 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 unreason- ably voluminous in nature or if compliance with such order otherwise would cause an unreason- able 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 dis- trict court. (2) The court may award— (A) actual damages but not less than liq- uidated damages in an amount of $2,500; (B) punitive damages; (C) reasonable attorneys’ fees and other liti- gation costs reasonably incurred; and (D) such other preliminary and equitable re- lief as the court determines to be appropriate. (3) No action may be brought under this sub- section 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 disclo- sure permitted by this section. (d) PERSONALLY IDENTIFIABLE INFORMATION.— Personally identifiable information obtained in any manner other than as provided in this sec- tion 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 in- Page 669 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2712 formation is no longer necessary for the purpose for which it was collected and there are no pend- ing requests or orders for access to such infor- mation under subsection (b)(2) or (c)(2) or pursu- ant 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. (Added Pub. L. 100–618, § 2(a)(2), Nov. 5, 1988, 102 Stat. 3195; amended Pub. L. 112–258, § 2, Jan. 10, 2013, 126 Stat. 2414.) Editorial Notes 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. PRIOR PROVISIONS A prior section 2710 was renumbered section 2711 of this title. AMENDMENTS 2013—Subsec. (b)(2)(B). Pub. L. 112–258 added subpar. (B) and struck out former subpar. (B) which read as fol- lows: ‘‘to any person with the informed, written con- sent of the consumer given at the time the disclosure is sought;’’. § 2711. Definitions for chapter 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; (3) the term ‘‘court of competent jurisdic- tion’’ includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic commu- nication service is located or in which the wire or electronic communications, records, or other information are stored; or (iii) is acting on a request for foreign as- sistance pursuant to section 3512 of this title; (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; or (C) a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice) to which a mili- tary judge has been detailed; and (4) the term ‘‘governmental entity’’ means a department or agency of the United States or any State or political subdivision thereof. (Added Pub. L. 99–508, title II, § 201[(a)], Oct. 21, 1986, 100 Stat. 1868, § 2710; renumbered § 2711, Pub. L. 100–618, § 2(a)(1), Nov. 5, 1988, 102 Stat. 3195; amended Pub. L. 107–56, title II, § 220(a)(2), Oct. 26, 2001, 115 Stat. 292; Pub. L. 109–177, title I, § 107(b)(2), Mar. 9, 2006, 120 Stat. 202; Pub. L. 111–79, § 2(2), Oct. 19, 2009, 123 Stat. 2086; Pub. L. 114–328, div. E, title LVII, § 5228(b)(2), Dec. 23, 2016, 130 Stat. 2913.) Editorial Notes AMENDMENTS 2016—Par. (3)(C). Pub. L. 114–328 added subpar. (C). 2009—Par. (3). Pub. L. 111–79 substituted ‘‘includes—’’ and subpars. (A) and (B) for ‘‘has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation; and’’. 2006—Par. (4). Pub. L. 109–177 added par. (4). 2001—Par. (3). Pub. L. 107–56 added par. (3). 1988—Pub. L. 100–618 renumbered section 2710 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on the date designated by the President [Jan. 1, 2019, with certain conditions and exceptions, see Ex. Ord. No. 13825, set out as a note under section 801 of Title 10, Armed Forces], not later than the first day of the first cal- endar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the Presi- dent not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various sit- uations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of Title 10, Armed Forces. EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in the case of conduct pursuant to a court order or exten- sion, applicable only with respect to court orders or ex- tensions made after such effective date, see section 202 of Pub. L. 99–508, set out as a note under section 2701 of this title. § 2712. Civil actions against the United States (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 Sur- veillance 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 com- menced 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