§ 2710. — Wrongful disclosure of video tape rental or sale records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2710]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
RECORDS ACCESS
Sec. 2710. Wrongful disclosure of video tape rental or sale
records
(a) Definitions.--For purposes of this section--
(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 transfer of ownership;
(3) the term ``personally identifiable information'' includes
information which identifies a person as having requested or
obtained specific 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 materials, 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 of the
consumer given at the time the disclosure is sought;
(C) to a law enforcement agency pursuant to a warrant issued
under the Federal Rules of Criminal Procedure, an equivalent State
warrant, 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 provided 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 materials
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 proceeding upon a
showing of compelling need for the information that cannot be
accommodated by any other means, if--
(i) the consumer is given reasonable notice, 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 opportunity 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 notice to the consumer and only if the law
enforcement agency shows that there is probable cause to believe that
the records or other information sought are relevant to a legitimate law
enforcement 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 unreasonably
voluminous in nature or if compliance with such order otherwise would
cause an unreasonable 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
district court.
(2) The court may award--
(A) actual damages but not less than liquidated damages in an
amount of $2,500;
(B) punitive damages;
(C) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
(D) such other preliminary and equitable relief as the court
determines to be appropriate.
(3) No action may be brought under this subsection 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 disclosure permitted by
this section.
(d) Personally Identifiable Information.--Personally identifiable
information obtained in any manner other than as provided in this
section 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 information is
no longer necessary for the purpose for which it was collected and there
are no pending requests or orders for access to such information under
subsection (b)(2) or (c)(2) or pursuant 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, Sec. 2(a)(2), Nov. 5, 1988, 102 Stat. 3195.)
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.
