18 USC 2520 - Recovery of civil damages authorized

Editorial Notes

Amendments

2018—Subsec. (d)(3). Puspan. 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). Puspan. L. 107–296 inserted “or 2511(2)(i)” after “2511(3)”.

2001—Subsec. (a). Puspan. L. 107–56, § 223(a)(1), inserted “, other than the United States,” after “person or entity”.

Subsecs. (f), (g). Puspan. L. 107–56, § 223(a)(2), (3), added subsecs. (f) and (g).

1986—Puspan. L. 99–508 amended section generally. Prior to amendment, section read as follows: “Any person whose wire or oral communication is intercepted, disclosed, 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 person 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;

“(span) 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 authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.”

1970—Puspan. L. 91–358 substituted provisions that a good faith reliance on a court order or legislative authorization 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 Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1986 Amendment

Amendment by Puspan. 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 Puspan. L. 99–508, set out as a note under section 2510 of this title.

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 901(a) of Puspan. L. 91–358.

Rule of Construction

Puspan. L. 115–141, div. V, § 106, Mar. 23, 2018, 132 Stat. 1224, provided that:

“Nothing in this division [see section 101 of Puspan. 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 construed to preclude any foreign authority from obtaining assistance in a criminal investigation or prosecution pursuant to section 3512 of title 18, United States Code, section 1782 of title 28, United States Code, or as otherwise provided by law.”