§ 2707. — Civil action.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2707]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
RECORDS ACCESS
Sec. 2707. Civil action
(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);
(2) a request of an investigative or law enforcement officer
under section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) of this
title 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, United States Code,
obtained by an investigative or law enforcement officer, or a
governmental entity, pursuant to section 2703 of this title, 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.
(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
1866; amended Pub. L. 104-293, title VI, Sec. 601(c), Oct. 11, 1996, 110
Stat. 3469; Pub. L. 107-56, title II, Secs. 223(b), title VIII,
Sec. 815, Oct. 26, 2001, 115 Stat. 293, 384; Pub. L. 107-273, div. B,
title IV, Sec. 4005(f)(2), Nov. 2, 2002, 116 Stat. 1813.)
Amendment of Section
For termination of amendment by section 223(b) of Pub. L. 107-
56, see Termination Date of 2001 Amendment note below.
Amendments
2002--Subsec. (e)(1). Pub. L. 107-273 made technical correction to
directory language of Pub. L. 107-56, Sec. 815. See 2001 Amendment note
below.
2001--Subsec. (a). Pub. L. 107-56, Secs. 223(b)(1), 224, temporarily
inserted ``, other than the United States,'' after ``person or entity''.
See Termination Date of 2001 Amendment note below.
Subsec. (d). Pub. L. 107-56, Secs. 223(b)(2), 224, temporarily added
subsec. (d) and temporarily struck out heading and text of former
subsec. (d). Text read as follows: ``If a court determines that any
agency or department of the United States has violated this chapter and
the court finds that the circumstances surrounding the violation raise
the question whether or not an officer or employee of the agency or
department acted willfully or intentionally with respect to the
violation, the agency or department concerned shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee.'' See Termination Date of 2001
Amendment note below.
Subsec. (e)(1). Pub. L. 107-56, Sec. 815, as amended by Pub. L. 107-
273, inserted ``(including a request of a governmental entity under
section 2703(f) of this title)'' after ``or a statutory authorization''.
Subsec. (g). Pub. L. 107-56, Secs. 223(b)(3), 224, temporarily added
subsec. (g). See Termination Date of 2001 Amendment note below.
1996--Subsec. (a). Pub. L. 104-293, Sec. 601(c)(1), substituted
``other person'' for ``customer''.
Subsec. (c). Pub. L. 104-293, Sec. 601(c)(2), inserted at end ``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.''
Subsecs. (d) to (f). Pub. L. 104-293, Sec. 601(c)(3), (4), added
subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f),
respectively.
Effective Date of 2002 Amendment
Pub. L. 107-273, div. B, title IV, Sec. 4005(f)(2), Nov. 2, 2002,
116 Stat. 1813, provided that the amendment made by section 4005(f)(2)
is effective Oct. 26, 2001.
Termination Date of 2001 Amendment
Amendment by section 223(b) of Pub. L. 107-56 to cease to have
effect Dec. 31, 2005, except amendment to continue in effect with
respect to any particular foreign intelligence investigation that began
before Dec. 31, 2005, or with respect to any particular offense or
potential offense that began or occurred before Dec. 31, 2005, see
section 224 of Pub. L. 107-56, set out as a note under section 2510 of
this title.
