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8 August 1999
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

See also: Wire and Electronic Communications Interception and Interception of Oral Communications - 18 USC Chapter 119

Pen Registers and Trap and Trace Devices - 18 USC Chapter 206

    From the U.S. Code Online via GPO Access
    [wais.access.gpo.gov]
    [Laws in effect as of January 27, 1998]
    [Document not affected by Public Laws enacted between
      January 27, 1998 and November 30, 1998]
    [CITE: 18USC]

                     TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                                 PART I--CRIMES

    CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
                                 RECORDS ACCESS

    Sec.
    2701.         Unlawful access to stored communications.
    2702.         Disclosure of contents.
    2703.         Requirements for governmental access.
    2704.         Backup preservation.
    2705.         Delayed notice.
    2706.         Cost reimbursement.
    2707.         Civil action.
    2708.         Exclusivity of remedies.
    2709.         Counterintelligence access to telephone toll and
                      transactional records.
    2710.         Wrongful disclosure of video tape rental or sale records.
    2711.         Definitions for chapter.

                                   Amendments

        1988--Pub. L. 100-690, title VII, Sec. 7067, Nov. 18, 1988, 102
    Stat. 4405, which directed amendment of item 2710 by inserting ``for
    chapter'' after ``Definitions'' was executed by making the insertion in
    item 2711 to reflect the probable intent of Congress and the intervening
    redesignation of item 2710 as 2711 by Pub. L. 100-618, see below.
        Pub. L. 100-618, Sec. 2(b), Nov. 5, 1988, 102 Stat. 3197, added item
    2710 and redesignated former item 2710 as 2711.

                      Chapter Referred to in Other Sections

        This chapter is referred to in section 2511 of this title; title 47
    section 1008.

    [CITE: 18USC2701]

    Sec. 2701. Unlawful access to stored communications

        (a) Offense.--Except as provided in subsection (c) of this section
    whoever--
            (1) intentionally accesses without authorization a facility
        through which an electronic communication service is provided; or
            (2) intentionally exceeds an authorization to access that
        facility;

    and thereby obtains, alters, or prevents authorized access to a wire or
    electronic communication while it is in electronic storage in such
    system shall be punished as provided in subsection (b) of this section.
        (b) Punishment.--The punishment for an offense under subsection (a)
    of this section is--
            (1) if the offense is committed for purposes of commercial
        advantage, malicious destruction or damage, or private commercial
        gain--
                (A) a fine under this title or imprisonment for not more
            than one year, or both, in the case of a first offense under
            this subparagraph; and
                (B) a fine under this title or imprisonment for not more
            than two years, or both, for any subsequent offense under this
            subparagraph; and

            (2) a fine under this title or imprisonment for not more than
        six months, or both, in any other case.

        (c) Exceptions.--Subsection (a) of this section does not apply with
    respect to conduct authorized--
            (1) by the person or entity providing a wire or electronic
        communications service;
            (2) by a user of that service with respect to a communication of
        or intended for that user; or
            (3) in section 2703, 2704 or 2518 of this title.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1860; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (U),
    Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104-294, title VI,
    Sec. 601(a)(3), Oct. 11, 1996, 110 Stat. 3498.)

                                   Amendments

        1996--Subsec. (b)(1)(A), (2). Pub. L. 104-294 substituted ``fine
    under this title'' for ``fine of under this title''.
        1994--Subsec. (b)(1)(A). Pub. L. 103-322, Sec. 330016(1)(U),
    substituted ``under this title'' for ``not more than $250,000''.
        Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(K), substituted
    ``under this title'' for ``not more than $5,000''.

                                 Effective Date

        Section 202 of title II of Pub. L. 99-508 provided that: ``This
    title and the amendments made by this title [enacting this chapter]
    shall take effect ninety days after the date of the enactment of this
    Act [Oct. 21, 1986] and shall, in the case of conduct pursuant to a
    court order or extension, apply only with respect to court orders or
    extensions made after this title takes effect.''

                          Short Title of 1988 Amendment

        Pub. L. 100-618, Sec. 1, Nov. 5, 1988, 102 Stat. 3195, provided
    that: ``This Act [enacting section 2710 of this title and renumbering
    former section 2710 as 2711 of this title] may be cited as the `Video
    Privacy Protection Act of 1988'.''

    [CITE: 18USC2702]

    Sec. 2702. Disclosure of contents

        (a) Prohibitions.--Except as provided in subsection (b)--
            (1) a person or entity providing an electronic communication
        service to the public shall not knowingly divulge to any person or
        entity the contents of a communication while in electronic storage
        by that service; and
            (2) a person or entity providing remote computing service to the
        public shall not knowingly divulge to any person or entity the
        contents of any communication which is carried or maintained on that
        service--
                (A) on behalf of, and received by means of electronic
            transmission from (or created by means of computer processing of
            communications received by means of electronic transmission
            from), a subscriber or customer of such service; and
                (B) solely for the purpose of providing storage or computer
            processing services to such subscriber or customer, if the
            provider is not authorized to access the contents of any such
            communications for purposes of providing any services other than
            storage or computer processing.

        (b) Exceptions.--A person or entity may divulge the contents of a
    communication--
            (1) to an addressee or intended recipient of such communication
        or an agent of such addressee or intended recipient;
            (2) as otherwise authorized in section 2517, 2511(2)(a), or 2703
        of this title;
            (3) with the lawful consent of the originator or an addressee or
        intended recipient of such communication, or the subscriber in the
        case of remote computing service;
            (4) to a person employed or authorized or whose facilities are
        used to forward such communication to its destination;
            (5) as may be necessarily incident to the rendition of the
        service or to the protection of the rights or property of the
        provider of that service; or
            (6) to a law enforcement agency, if such contents--
                (A) were inadvertently obtained by the service provider; and
                (B) appear to pertain to the commission of a crime.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1860; amended Pub. L. 100-690, title VII, Sec. 7037, Nov. 18, 1988, 102
    Stat. 4399.)

                                   Amendments

        1988--Subsec. (b)(2). Pub. L. 100-690 substituted ``2517'' for
    ``2516''.

                      Section Referred to in Other Sections

        This section is referred to in section 2706 of this title.

    [CITE: 18USC2703]

    Sec. 2703. Requirements for governmental access

        (a) Contents of Electronic Communications in Electronic Storage.--A
    governmental entity may require the disclosure by a provider of
    electronic communication service of the contents of an electronic
    communication, that is in electronic storage in an electronic
    communications system for one hundred and eighty days or less, only
    pursuant to a warrant issued under the Federal Rules of Criminal
    Procedure or equivalent State warrant. A governmental entity may require
    the disclosure by a provider of electronic communications services of
    the contents of an electronic communication that has been in electronic
    storage in an electronic communications system for more than one hundred
    and eighty days by the means available under subsection (b) of this
    section.
        (b) Contents of Electronic Communications in a Remote Computing
    Service.--(1) A governmental entity may require a provider of remote
    computing service to disclose the contents of any electronic
    communication to which this paragraph is made applicable by paragraph
    (2) of this subsection--
            (A) without required notice to the subscriber or customer, if
        the governmental entity obtains a warrant issued under the Federal
        Rules of Criminal Procedure or equivalent State warrant; or
            (B) with prior notice from the governmental entity to the
        subscriber or customer if the governmental entity--
                (i) uses an administrative subpoena authorized by a Federal
            or State statute or a Federal or State grand jury or trial
            subpoena; or
                (ii) obtains a court order for such disclosure under
            subsection (d) of this section;

        except that delayed notice may be given pursuant to section 2705 of
        this title.

        (2) Paragraph (1) is applicable with respect to any electronic
    communication that is held or maintained on that service--
            (A) on behalf of, and received by means of electronic
        transmission from (or created by means of computer processing of
        communications received by means of electronic transmission from), a
        subscriber or customer of such remote computing service; and
            (B) solely for the purpose of providing storage or computer
        processing services to such subscriber or customer, if the provider
        is not authorized to access the contents of any such communications
        for purposes of providing any services other than storage or
        computer processing.

        (c) Records Concerning Electronic Communication Service or Remote
    Computing Service.--(1)(A) Except as provided in subparagraph (B), a
    provider of electronic communication service or remote computing service
    may disclose a record or other information pertaining to a subscriber to
    or customer of such service (not including the contents of
    communications covered by subsection (a) or (b) of this section) to any
    person other than a governmental entity.
        (B) A provider of electronic communication service or remote
    computing service shall disclose a record or other information
    pertaining to a subscriber to or customer of such service (not including
    the contents of communications covered by subsection (a) or (b) of this
    section) to a governmental entity only when the governmental entity--
            (i) obtains a warrant issued under the Federal Rules of Criminal
        Procedure or equivalent State warrant;
            (ii) obtains a court order for such disclosure under subsection
        (d) of this section; or
            (iii) has the consent of the subscriber or customer to such
        disclosure.

        (C) A provider of electronic communication service or remote
    computing service shall disclose to a governmental entity the name,
    address, local and long distance telephone toll billing records,
    telephone number or other subscriber number or identity, and length of
    service of a subscriber to or customer of such service and the types of
    services the subscriber or customer utilized, when the governmental
    entity uses an administrative subpoena authorized by a Federal or State
    statute or a Federal or State grand jury or trial subpoena or any means
    available under subparagraph (B).
        (2) A governmental entity receiving records or information under
    this subsection is not required to provide notice to a subscriber or
    customer.
        (d) Requirements for Court Order.--A court order for disclosure
    under subsection (b) or (c) may be issued by any court that is a court
    of competent jurisdiction described in section 3127(2)(A) and shall
    issue only if the governmental entity offers specific and articulable
    facts showing that there are reasonable grounds to believe that the
    contents of a wire or electronic communication, or the records or other
    information sought, are relevant and material to an ongoing criminal
    investigation. In the case of a State governmental 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 service provider, may quash or modify such order, if the
    information or records requested are unusually voluminous in nature or
    compliance with such order otherwise would cause an undue burden on such
    provider.
        (e) No Cause of Action Against a Provider Disclosing Information
    Under This Chapter.--No cause of action shall lie in any court against
    any provider of wire or electronic communication service, its officers,
    employees, agents, or other specified persons for providing information,
    facilities, or assistance in accordance with the terms of a court order,
    warrant, subpoena, or certification under this chapter.
        (f) Requirement To Preserve Evidence.--
            (1) In general.--A provider of wire or electronic communication
        services or a remote computing service, upon the request of a
        governmental entity, shall take all necessary steps to preserve
        records and other evidence in its possession pending the issuance of
        a court order or other process.
            (2) Period of retention.--Records referred to in paragraph (1)
        shall be retained for a period of 90 days, which shall be extended
        for an additional 90-day period upon a renewed request by the
        governmental entity.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1861; amended Pub. L. 100-690, title VII, Secs. 7038, 7039, Nov. 18,
    1988, 102 Stat. 4399; Pub. L. 103-322, title XXXIII, Sec. 330003(b),
    Sept. 13, 1994, 108 Stat. 2140; Pub. L. 103-414, title II, Sec. 207(a),
    Oct. 25, 1994, 108 Stat. 4292; Pub. L. 104-132, title VIII, Sec. 804,
    Apr. 24, 1996, 110 Stat. 1305; Pub. L. 104-293, title VI, Sec. 601(b),
    Oct. 11, 1996, 110 Stat. 3469; Pub. L. 104-294, title VI, Sec. 605(f),
    Oct. 11, 1996, 110 Stat. 3510.)

                           References in Text

        The Federal Rules of Criminal Procedure, referred to in subsecs.
    (a), (b)(1)(A), and (c)(1)(B)(i), are set out in the Appendix to this
    title.

                                   Amendments

        1996--Subsec. (c)(1)(C). Pub. L. 104-293 inserted ``local and long
    distance'' after ``address,''.
        Subsec. (d). Pub. L. 104-294 substituted ``in section 3127(2)(A)''
    for ``in section 3126(2)(A)''.
        Subsec. (f). Pub. L. 104-132 added subsec. (f).
        1994--Subsec. (c)(1)(B). Pub. L. 103-414, Sec. 207(a)(1)(A),
    redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck
    out former cl. (i) which read as follows: ``uses an administrative
    subpoena authorized by a Federal or State statute, or a Federal or State
    grand jury or trial subpoena;''.
        Subsec. (c)(1)(C). Pub. L. 103-414, Sec. 207(a)(1)(B), added subpar.
    (C).
        Subsec. (d). Pub. L. 103-414, Sec. 207(a)(2), amended first sentence
    generally. Prior to amendment, first sentence read as follows: ``A court
    order for disclosure under subsection (b) or (c) of this section may be
    issued by any court that is a court of competent jurisdiction set forth
    in section 3127(2)(A) of this title and shall issue only if the
    governmental entity shows that there is reason to believe the contents
    of a wire or electronic communication, or the records or other
    information sought, are relevant to a legitimate law enforcement
    inquiry.''
        Pub. L. 103-322 substituted ``section 3127(2)(A)'' for ``section
    3126(2)(A)''.
        1988--Subsecs. (b)(1)(B)(i), (c)(1)(B)(i). Pub. L. 100-690,
    Sec. 7038, inserted ``or trial'' after ``grand jury''.
        Subsec. (d). Pub. L. 100-690, Sec. 7039, inserted ``may be issued by
    any court that is a court of competent jurisdiction set forth in section
    3126(2)(A) of this title and'' before ``shall issue''.

                      Section Referred to in Other Sections

        This section is referred to in sections 2701, 2702, 2704, 2705,
    2706, 2707 of this title.

    [CITE: 18USC2704]

    Sec. 2704. Backup preservation

        (a) Backup Preservation.--(1) A governmental entity acting under
    section 2703(b)(2) may include in its subpoena or court order a
    requirement that the service provider to whom the request is directed
    create a backup copy of the contents of the electronic communications
    sought in order to preserve those communications. Without notifying the
    subscriber or customer of such subpoena or court order, such service
    provider shall create such backup copy as soon as practicable consistent
    with its regular business practices and shall confirm to the
    governmental entity that such backup copy has been made. Such backup
    copy shall be created within two business days after receipt by the
    service provider of the subpoena or court order.
        (2) Notice to the subscriber or customer shall be made by the
    governmental entity within three days after receipt of such
    confirmation, unless such notice is delayed pursuant to section 2705(a).
        (3) The service provider shall not destroy such backup copy until
    the later of--
            (A) the delivery of the information; or
            (B) the resolution of any proceedings (including appeals of any
        proceeding) concerning the government's subpoena or court order.

        (4) The service provider shall release such backup copy to the
    requesting governmental entity no sooner than fourteen days after the
    governmental entity's notice to the subscriber or customer if such
    service provider--
            (A) has not received notice from the subscriber or customer that
        the subscriber or customer has challenged the governmental entity's
        request; and
            (B) has not initiated proceedings to challenge the request of
        the governmental entity.

        (5) A governmental entity may seek to require the creation of a
    backup copy under subsection (a)(1) of this section if in its sole
    discretion such entity determines that there is reason to believe that
    notification under section 2703 of this title of the existence of the
    subpoena or court order may result in destruction of or tampering with
    evidence. This determination is not subject to challenge by the
    subscriber or customer or service provider.
        (b) Customer Challenges.--(1) Within fourteen days after notice by
    the governmental entity to the subscriber or customer under subsection
    (a)(2) of this section, such subscriber or customer may file a motion to
    quash such subpoena or vacate such court order, with copies served upon
    the governmental entity and with written notice of such challenge to the
    service provider. A motion to vacate a court order shall be filed in the
    court which issued such order. A motion to quash a subpoena shall be
    filed in the appropriate United States district court or State court.
    Such motion or application shall contain an affidavit or sworn
    statement--
            (A) stating that the applicant is a customer or subscriber to
        the service from which the contents of electronic communications
        maintained for him have been sought; and
            (B) stating the applicant's reasons for believing that the
        records sought are not relevant to a legitimate law enforcement
        inquiry or that there has not been substantial compliance with the
        provisions of this chapter in some other respect.

        (2) Service shall be made under this section upon a governmental
    entity by delivering or mailing by registered or certified mail a copy
    of the papers to the person, office, or department specified in the
    notice which the customer has received pursuant to this chapter. For the
    purposes of this section, the term ``delivery'' has the meaning given
    that term in the Federal Rules of Civil Procedure.
        (3) If the court finds that the customer has complied with
    paragraphs (1) and (2) of this subsection, the court shall order the
    governmental entity to file a sworn response, which may be filed in
    camera if the governmental entity includes in its response the reasons
    which make in camera review appropriate. If the court is unable to
    determine the motion or application on the basis of the parties' initial
    allegations and response, the court may conduct such additional
    proceedings as it deems appropriate. All such proceedings shall be
    completed and the motion or application decided as soon as practicable
    after the filing of the governmental entity's response.
        (4) If the court finds that the applicant is not the subscriber or
    customer for whom the communications sought by the governmental entity
    are maintained, or that there is a reason to believe that the law
    enforcement inquiry is legitimate and that the communications sought are
    relevant to that inquiry, it shall deny the motion or application and
    order such process enforced. If the court finds that the applicant is
    the subscriber or customer for whom the communications sought by the
    governmental entity are maintained, and that there is not a reason to
    believe that the communications sought are relevant to a legitimate law
    enforcement inquiry, or that there has not been substantial compliance
    with the provisions of this chapter, it shall order the process quashed.
        (5) A court order denying a motion or application under this section
    shall not be deemed a final order and no interlocutory appeal may be
    taken therefrom by the customer.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1863.)

                           References in Text

        The Federal Rules of Civil Procedure, referred to in subsec. (b)(2),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.

                      Section Referred to in Other Sections

        This section is referred to in sections 2701, 2706 of this title.

    [CITE: 18USC2705]

    Sec. 2705. Delayed notice

        (a) Delay of Notification.--(1) A governmental entity acting under
    section 2703(b) of this title may--
            (A) where a court order is sought, include in the application a
        request, which the court shall grant, for an order delaying the
        notification required under section 2703(b) of this title for a
        period not to exceed ninety days, if the court determines that there
        is reason to believe that notification of the existence of the court
        order may have an adverse result described in paragraph (2) of this
        subsection; or
            (B) where an administrative subpoena authorized by a Federal or
        State statute or a Federal or State grand jury subpoena is obtained,
        delay the notification required under section 2703(b) of this title
        for a period not to exceed ninety days upon the execution of a
        written certification of a supervisory official that there is reason
        to believe that notification of the existence of the subpoena may
        have an adverse result described in paragraph (2) of this
        subsection.

        (2) An adverse result for the purposes of paragraph (1) of this
    subsection is--
            (A) endangering the life or physical safety of an individual;
            (B) flight from prosecution;
            (C) destruction of or tampering with evidence;
            (D) intimidation of potential witnesses; or
            (E) otherwise seriously jeopardizing an investigation or unduly
        delaying a trial.

        (3) The governmental entity shall maintain a true copy of
    certification under paragraph (1)(B).
        (4) Extensions of the delay of notification provided in section 2703
    of up to ninety days each may be granted by the court upon application,
    or by certification by a governmental entity, but only in accordance
    with subsection (b) of this section.
        (5) Upon expiration of the period of delay of notification under
    paragraph (1) or (4) of this subsection, the governmental entity shall
    serve upon, or deliver by registered or first-class mail to, the
    customer or subscriber a copy of the process or request together with
    notice that--
            (A) states with reasonable specificity the nature of the law
        enforcement inquiry; and
            (B) informs such customer or subscriber--
                (i) that information maintained for such customer or
            subscriber by the service provider named in such process or
            request was supplied to or requested by that governmental
            authority and the date on which the supplying or request took
            place;
                (ii) that notification of such customer or subscriber was
            delayed;
                (iii) what governmental entity or court made the
            certification or determination pursuant to which that delay was
            made; and
                (iv) which provision of this chapter allowed such delay.

        (6) As used in this subsection, the term ``supervisory official''
    means the investigative agent in charge or assistant investigative agent
    in charge or an equivalent of an investigating agency's headquarters or
    regional office, or the chief prosecuting attorney or the first
    assistant prosecuting attorney or an equivalent of a prosecuting
    attorney's headquarters or regional office.
        (b) Preclusion of Notice to Subject of Governmental Access.--A
    governmental entity acting under section 2703, when it is not required
    to notify the subscriber or customer under section 2703(b)(1), or to the
    extent that it may delay such notice pursuant to subsection (a) of this
    section, may apply to a court for an order commanding a provider of
    electronic communications service or remote computing service to whom a
    warrant, subpoena, or court order is directed, for such period as the
    court deems appropriate, not to notify any other person of the existence
    of the warrant, subpoena, or court order. The court shall enter such an
    order if it determines that there is reason to believe that notification
    of the existence of the warrant, subpoena, or court order will result
    in--
            (1) endangering the life or physical safety of an individual;
            (2) flight from prosecution;
            (3) destruction of or tampering with evidence;
            (4) intimidation of potential witnesses; or
            (5) otherwise seriously jeopardizing an investigation or unduly
        delaying a trial.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1864.)

                      Section Referred to in Other Sections

        This section is referred to in sections 2703, 2704 of this title.

    [CITE: 18USC2706]

    Sec. 2706. Cost reimbursement

        (a) Payment.--Except as otherwise provided in subsection (c), a
    governmental entity obtaining the contents of communications, records,
    or other information under section 2702, 2703, or 2704 of this title
    shall pay to the person or entity assembling or providing such
    information a fee for reimbursement for such costs as are reasonably
    necessary and which have been directly incurred in searching for,
    assembling, reproducing, or otherwise providing such information. Such
    reimbursable costs shall include any costs due to necessary disruption
    of normal operations of any electronic communication service or remote
    computing service in which such information may be stored.
        (b) Amount.--The amount of the fee provided by subsection (a) shall
    be as mutually agreed by the governmental entity and the person or
    entity providing the information, or, in the absence of agreement, shall
    be as determined by the court which issued the order for production of
    such information (or the court before which a criminal prosecution
    relating to such information would be brought, if no court order was
    issued for production of the information).
        (c) Exception.--The requirement of subsection (a) of this section
    does not apply with respect to records or other information maintained
    by a communications common carrier that relate to telephone toll records
    and telephone listings obtained under section 2703 of this title. The
    court may, however, order a payment as described in subsection (a) if
    the court determines the information required is unusually voluminous in
    nature or otherwise caused an undue burden on the provider.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1866; amended Pub. L. 100-690, title VII, Sec. 7061, Nov. 18, 1988, 102
    Stat. 4404.)

                                   Amendments

        1988--Subsec. (c). Pub. L. 100-690 inserted heading.

    [CITE: 18USC2707]

    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
    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) Disciplinary Actions for Violations.--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.
        (e) 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 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.

    (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.)

                                   Amendments

        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.

    [CITE: 18USC2708]

    Sec. 2708. Exclusivity of remedies

        The remedies and sanctions described in this chapter are the only
    judicial remedies and sanctions for nonconstitutional violations of this
    chapter.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1867.)

    [CITE: 18USC2709]

    Sec. 2709. Counterintelligence access to telephone toll and
            transactional records

        (a) Duty to Provide.--A wire or electronic communication service
    provider shall comply with a request for subscriber information and toll
    billing records information, or electronic communication transactional
    records in its custody or possession made by the Director of the Federal
    Bureau of Investigation under subsection (b) of this section.
        (b) Required Certification.--The Director of the Federal Bureau of
    Investigation, or his designee in a position not lower than Deputy
    Assistant Director, may--
            (1) request the name, address, length of service, and local and
        long distance toll billing records of a person or entity if the
        Director (or his designee in a position not lower than Deputy
        Assistant Director) certifies in writing to the wire or electronic
        communication service provider to which the request is made that--
                (A) the name, address, length of service, and toll billing
            records sought are relevant to an authorized foreign
            counterintelligence investigation; and
                (B) there are specific and articulable facts giving reason
            to believe that the person or entity to whom the information
            sought pertains is a foreign power or an agent of a foreign
            power as defined in section 101 of the Foreign Intelligence
            Surveillance Act of 1978 (50 U.S.C. 1801); and

            (2) request the name, address, and length of service of a person
        or entity if the Director (or his designee in a position not lower
        than Deputy Assistant Director) certifies in writing to the wire or
        electronic communication service provider to which the request is
        made that--
                (A) the information sought is relevant to an authorized
            foreign counterintelligence investigation; and
                (B) there are specific and articulable facts giving reason
            to believe that communication facilities registered in the name
            of the person or entity have been used, through the services of
            such provider, in communication with--
                    (i) an individual who is engaging or has engaged in
                international terrorism as defined in section 101(c) of the
                Foreign Intelligence Surveillance Act \1\ or clandestine
                intelligence activities that involve or may involve a
                violation of the criminal statutes of the United States; or
    ---------------------------------------------------------------------------
        \1\ So in original. Probably should be ``Act of 1978''.
    ---------------------------------------------------------------------------
                    (ii) a foreign power or an agent of a foreign power
                under circumstances giving reason to believe that the
                communication concerned international terrorism as defined
                in section 101(c) of the Foreign Intelligence Surveillance
                Act \1\ or clandestine intelligence activities that involve
                or may involve a violation of the criminal statutes of the
                United States.

        (c) Prohibition of Certain Disclosure.--No wire or electronic
    communication service provider, or officer, employee, or agent thereof,
    shall disclose to any person that the Federal Bureau of Investigation
    has sought or obtained access to information or records under this
    section.
        (d) Dissemination by Bureau.--The Federal Bureau of Investigation
    may disseminate information and records obtained under this section only
    as provided in guidelines approved by the Attorney General for foreign
    intelligence collection and foreign counterintelligence investigations
    conducted by the Federal Bureau of Investigation, and, with respect to
    dissemination to an agency of the United States, only if such
    information is clearly relevant to the authorized responsibilities of
    such agency.
        (e) Requirement That Certain Congressional Bodies Be Informed.--On a
    semiannual basis the Director of the Federal Bureau of Investigation
    shall fully inform the Permanent Select Committee on Intelligence of the
    House of Representatives and the Select Committee on Intelligence of the
    Senate, and the Committee on the Judiciary of the House of
    Representatives and the Committee on the Judiciary of the Senate,
    concerning all requests made under subsection (b) of this section.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1867; amended Pub. L. 103-142, Nov. 17, 1993, 107 Stat. 1491; Pub. L.
    104-293, title VI, Sec. 601(a), Oct. 11, 1996, 110 Stat. 3469.)

                                   Amendments

        1996--Subsec. (b)(1). Pub. L. 104-293 inserted ``local and long
    distance'' before ``toll billing records''.
        1993--Subsec. (b). Pub. L. 103-142, Sec. 1, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: ``Required
    Certification.--The Director of the Federal Bureau of Investigation (or
    an individual within the Federal Bureau of Investigation designated for
    this purpose by the Director) may request any such information and
    records if the Director (or the Director's designee) certifies in
    writing to the wire or electronic communication service provider to
    which the request is made that--
            ``(1) the information sought is relevant to an authorized
        foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving reason to
        believe that the person or entity to whom the information sought
        pertains is a foreign power or an agent of a foreign power as
        defined in section 101 of the Foreign Intelligence Surveillance Act
        of 1978 (50 U.S.C. 1801).''
        Subsec. (e). Pub. L. 103-142, Sec. 2, inserted ``, and the Committee
    on the Judiciary of the House of Representatives and the Committee on
    the Judiciary of the Senate,'' after ``Senate''.

    [CITE: 18USC2710]

    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.

    [CITE: 18USC2711]

    Sec. 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; and
            (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.

    (Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
    1868, Sec. 2710; renumbered Sec. 2711, Pub. L. 100-618, Sec. 2(a)(1),
    Nov. 5, 1988, 102 Stat. 3195.)

                                   Amendments

        1988--Pub. L. 100-618 renumbered section 2710 of this title as this
    section.