2013 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS (§§ 2701 - 2712)
Section 2707 - Civil action
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS Sec. 2707 - Civil action |
Contains | section 2707 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 99-508, title II, §201[(a)], Oct. 21, 1986, 100 Stat. 1866; amended Pub. L. 104-293, title VI, §601(c), Oct. 11, 1996, 110 Stat. 3469; Pub. L. 107-56, title II, §§223(b), title VIII, §815, Oct. 26, 2001, 115 Stat. 293, 384; Pub. L. 107-273, div. B, title IV, §4005(f)(2), Nov. 2, 2002, 116 Stat. 1813. |
Statutes at Large References | 100 Stat. 1866 110 Stat. 3469 115 Stat. 293 116 Stat. 1813 |
Public Law References | Public Law 99-508, Public Law 104-293, Public Law 107-56, Public Law 107-273 |
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(a)
(b)
(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)
(d)
(e)
(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)
(g)
(Added Pub. L. 99–508, title II, §201[(a)], Oct. 21, 1986, 100 Stat. 1866; amended Pub. L. 104–293, title VI, §601(c), Oct. 11, 1996, 110 Stat. 3469; Pub. L. 107–56, title II, §§223(b), title VIII, §815, Oct. 26, 2001, 115 Stat. 293, 384; Pub. L. 107–273, div. B, title IV, §4005(f)(2), Nov. 2, 2002, 116 Stat. 1813.)
AMENDMENTS2002—Subsec. (e)(1). Pub. L. 107–273 made technical correction to directory language of Pub. L. 107–56, §815. See 2001 Amendment note below.
2001—Subsec. (a). Pub. L. 107–56, §223(b)(1), inserted ", other than the United States," after "person or entity".
Subsec. (d). Pub. L. 107–56, §223(b)(2), added subsec. (d) and 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."
Subsec. (e)(1). Pub. L. 107–56, §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, §223(b)(3), added subsec. (g).
1996—Subsec. (a). Pub. L. 104–293, §601(c)(1), substituted "other person" for "customer".
Subsec. (c). Pub. L. 104–293, §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, §601(c)(3), (4), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
EFFECTIVE DATE OF 2002 AMENDMENTPub. L. 107–273, div. B, title IV, §4005(f)(2), Nov. 2, 2002, 116 Stat. 1813, provided that the amendment made by section 4005(f)(2) is effective Oct. 26, 2001.
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