712 
‘‘(e) LIMITATIONS
ON ORDERS.—No order entered 
under this section may authorize or approve the intercep-
tion of any wire, oral, or electronic communication for any 
period longer than is necessary to achieve the objective 
of the authorization, nor in any event longer than thirty 
days. Such thirty-day period begins on the earlier of the 
day on which the investigative or law enforcement officer 
first begins to conduct an interception under the order or 
ten days after the order is entered. Extensions of an order 
may be granted, but only upon application for an exten-
sion made in accordance with subsection (1) of this section 
and the court making the findings required by subsection 
(3) of this section. The period of extension shall be no 
longer than the authorizing judge deems necessary to 
achieve the purposes for which it was granted and in no 
event for longer than thirty days. Every order and exten-
sion thereof shall contain a provision that the authoriza-
tion to intercept shall be executed as soon as practicable, 
shall be conducted in such a way as to minimize the inter-
ception of communications not otherwise subject to inter-
ception under this chapter, and must terminate upon at-
tainment of the authorized objective, or in any event in 
thirty days. In the event the intercepted communication 
is in a code or foreign language, and an expert in that 
foreign language or code is not reasonably available during 
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the interception period, minimization may be accomplished 
as soon as practicable after such interception. An intercep-
tion under this chapter may be conducted in whole or in 
part by Government personnel, or by an individual oper-
ating under a contract with the Government, acting under 
the supervision of an investigative or law enforcement offi-
cer authorized to conduct the interception. 
‘‘(f) REPORTS TO ISSUING JUDGE.—Whenever an order 
authorizing interception is entered pursuant to this chap-
ter, the order may require reports to be made to the judge 
who issued the order showing what progress has been 
made toward achievement of the authorized objective and 
the need for continued interception. Such reports shall be 
made at such intervals as the judge may require. 
‘‘(g) EMERGENCY SITUATIONS.—Notwithstanding any 
other provision of this chapter, any investigative or law 
enforcement officer, specially designated by the Attorney 
General, the Deputy Attorney General, the Associate At-
torney General, or by the principal prosecuting attorney 
of any State or subdivision thereof acting pursuant to a 
statute of that State, who reasonably determines that— 
‘‘(1) an emergency situation exists that involves— 
‘‘(A) immediate danger of death or serious 
physical injury to any person, 
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‘‘(B) conspiratorial activities threatening the 
national security interest, or 
‘‘(C) conspiratorial activities characteristic of 
organized crime, 
that requires a wire, oral, or electronic communica-
tion to be intercepted before an order authorizing 
such interception can, with due diligence, be ob-
tained, and 
‘‘(2) there are grounds upon which an order could 
be entered under this chapter to authorize such 
interception, 
may intercept such wire, oral, or electronic communication 
if an application for an order approving the interception 
is made in accordance with this section within forty-eight 
hours after the interception has occurred, or begins to 
occur. In the absence of an order, such interception shall 
immediately terminate when the communication sought is 
obtained or when the application for the order is denied, 
whichever is earlier. In the event such application for ap-
proval is denied, or in any other case where the intercep-
tion is terminated without an order having been issued, 
the contents of any wire, oral, or electronic communication 
intercepted shall be treated as having been obtained in vio-
lation of this chapter, and an inventory shall be served 
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as provided for in subsection (d) of this section on the 
person named in the application. 
‘‘(h) RECORDING OF INTERCEPTION.—(1) The contents 
of any wire, oral, or electronic communication intercepted 
by any means authorized by this chapter shall, if possible, 
be recorded on tape or wire or other comparable device. 
The recording of the contents of any wire, oral, or elec-
tronic communication under this subsection shall be done 
in such a way as will protect the recording from editing 
or other alterations. Immediately upon the expiration of 
the period of the order, or extensions thereof, such record-
ings shall be made available to the judge issuing such 
order and sealed under his directions. Custody of the re-
cordings shall be wherever the judge orders. They shall 
not be destroyed except upon an order of the issuing or 
denying judge and in any event shall be kept for ten years. 
Duplicate recordings may be made for use or disclosure 
pursuant to the provisions of subsections (1) and (2) of 
section 3119B of this chapter for investigations. The pres-
ence of the seal provided for by this subsection, or a satis-
factory explanation for the absence thereof, shall be a pre-
requisite for the use or disclosure of the contents of any 
wire, oral, or electronic communication or evidence derived 
therefrom under subsection (3) of section 3119B. 
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‘‘(2) Applications made and orders granted under this 
chapter shall be sealed by the judge. Custody of the appli-
cations and orders shall be wherever the judge directs. 
Such applications and orders shall be disclosed only upon 
a showing of good cause before a judge of competent juris-
diction and shall not be destroyed except on order of the 
issuing or denying judge, and in any event shall be kept 
for ten years. 
‘‘(3) Any violation of the provisions of this subsection 
may be punished as contempt of the issuing or denying 
judge. 
‘‘(4) Within a reasonable time but not later than ninety 
days after the filing of an application for an order of ap-
proval under section 3119C(7)(b) which is denied or the 
termination of the period of an order or extensions thereof, 
the issuing or denying judge shall cause to be served, on 
the persons named in the order or the application, and 
such other parties to intercepted communications as the 
judge may determine in his discretion that is in the inter-
est of justice, an inventory which shall include notice of— 
‘‘(A) the fact of the entry of the order or the ap-
plication; 
‘‘(B) the date of the entry and the period of au-
thorized, approved or disapproved interception, or 
the denial of the application; and 
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‘‘(C) the fact that during the period wire, oral, or 
electronic communications were or were not inter-
cepted. 
The judge, upon the filing of a motion, may in his 
discretion make available to such person or his coun-
sel for inspection such portions of the intercepted 
communications, applications and orders as the 
judge determines to be in the interest of justice. On 
an ex parte showing of good cause to a judge of 
competent jurisdiction the serving of the inventory 
required by this subsection may be postponed. 
‘‘(i) EXCLUSION AS EVIDENCE.—The contents of any 
wire, oral, or electronic communication intercepted pursu-
ant to this chapter or evidence derived therefrom shall not 
be received in evidence or otherwise disclosed in any trial, 
hearing, or other proceeding in a Federal or State court 
unless each party, not less than ten days before the trial, 
hearing, or proceeding, has been furnished with a copy of 
the court order, and accompanying application, under 
which the interception was authorized or approved. This 
ten-day period may be waived by the judge if he finds that 
it was not possible to furnish the party with the above 
information ten days before the trial, hearing, or pro-
ceeding and that the party will not be prejudiced by the 
delay in receiving such information. 
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‘‘(j) MOVE TO SUPPRESS.—(1) Any aggrieved person 
in any trial, hearing, or proceeding in or before any court, 
department, officer, agency, regulatory body, or other au-
thority of the United States, a State, or a political subdivi-
sion thereof, may move to suppress the contents of any 
wire or oral communication intercepted pursuant to this 
chapter, or evidence derived therefrom, on the grounds 
that— 
‘‘(A) the communication was unlawfully inter-
cepted; 
‘‘(B) the order of authorization or approval under 
which it was intercepted is insufficient on its face; 
or 
‘‘(C) the interception was not made in conformity 
with the order of authorization or approval. 
Such motion shall be made before the trial, hearing, 
or proceeding unless there was no opportunity to 
make such motion or the person was not aware of 
the grounds of the motion. If the motion is granted, 
the contents of the intercepted wire or oral commu-
nication, or evidence derived therefrom, shall be 
treated as having been obtained in violation of this 
chapter. The judge, upon the filing of such motion 
by the aggrieved person, may in his discretion make 
available to the aggrieved person or his counsel for 
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inspection such portions of the intercepted commu-
nication or evidence derived therefrom as the judge 
determines to be in the interests of justice. 
‘‘(2) In addition to any other right to appeal, the United 
States shall have the right to appeal from an order grant-
ing a motion to suppress made under paragraph (1), or 
the denial of an application for an order of approval, if 
the United States attorney shall certify to the judge or 
other official granting such motion or denying such appli-
cation that the appeal is not taken for purposes of delay. 
Such appeal shall be taken within thirty days after the 
date the order was entered and shall be diligently pros-
ecuted. 
‘‘(3) The remedies and sanctions described in this chap-
ter with respect to the interception of electronic commu-
nications are the only judicial remedies and sanctions for 
nonconstitutional violations of this chapter involving such 
communications. 
‘‘(k) EXCEPTION TO SPECIFICATION OF FACILITY RE-
QUIREMENTS.—The requirements of subsections (a)(2)(B) 
and (c)(4) relating to the specification of the facilities 
from which, or the place where, the communication is to 
be intercepted do not apply if— 
‘‘(1) in the case of an application with respect to 
the interception of an oral communication— 
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‘‘(A) the application is by a Federal inves-
tigative or law enforcement officer and is ap-
proved by the Attorney General, the Deputy At-
torney General, the Associate Attorney General, 
an Assistant Attorney General, or an acting As-
sistant Attorney General; 
‘‘(B) the application contains a full and com-
plete statement as to why such specification is 
not practical and identifies the person commit-
ting the offense and whose communications are 
to be intercepted; and 
‘‘(C) the judge finds that such specification is 
not practical; and 
‘‘(2) in the case of an application with respect to 
a wire or electronic communication— 
‘‘(A) the application is by a Federal inves-
tigative or law enforcement officer and is ap-
proved by the Attorney General, the Deputy At-
torney General, the Associate Attorney General, 
an Assistant Attorney General, or an acting As-
sistant Attorney General; 
‘‘(B) the application identifies the person be-
lieved to be committing the offense and whose 
communications are to be intercepted and the 
applicant makes a showing that there is prob-
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able cause to believe that the person’s actions 
could have the effect of thwarting interception 
from a specified facility; 
‘‘(C) the judge finds that such showing has 
been adequately made; and 
‘‘(D) the order authorizing or approving the 
interception is limited to interception only for 
such time as it is reasonable to presume that 
the person identified in the application is or 
was reasonably proximate to the instrument 
through which such communication will be or 
was transmitted. 
‘‘(l) BEGINNING
OF CERTAIN INTERCEPTIONS.—An 
interception of a communication under an order with re-
spect to which the requirements of subsections (a)(2)(B) 
and (c)(4) of this section do not apply by reason of sub-
section (k)(1) shall not begin until the place where the 
communication is to be intercepted is ascertained by the 
person implementing the interception order. A provider of 
wire or electronic communications service that has re-
ceived an order as provided for in subsection (k)(2) may 
move the court to modify or quash the order on the ground 
that its assistance with respect to the interception cannot 
be performed in a timely or reasonable fashion. The court, 
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upon notice to the government, shall decide such a motion 
expeditiously. 
‘‘§ 3119D. Reports concerning intercepted wire, oral, 
or electronic communications 
‘‘(a) 30 DAYS AFTER EXPIRATION OF ORDER.—Within 
30 days after the expiration of an order (or each extension 
thereof) entered under section 3119C, or the denial of an 
order approving an interception, the issuing or denying 
judge shall report to the Administrative Office of the 
United States Courts— 
‘‘(1) the fact that an order or extension was ap-
plied for; 
‘‘(2) the kind of order or extension applied for (in-
cluding whether or not the order was an order with 
respect to which the requirements of sections 
1498(1)(b)(ii) and 1498(3)(d) of this title did not 
apply by reason of section 3119C(3)(d) of this title); 
‘‘(3) the fact that the order or extension was 
granted as applied for, was modified, or was denied; 
‘‘(4) the period of interceptions authorized by the 
order, and the number and duration of any exten-
sions of the order; 
‘‘(5) the offense specified in the order or applica-
tion, or extension of an order; 
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‘‘(6) the identity of the applying investigative or 
law enforcement officer and agency making the ap-
plication and the person authorizing the application; 
and 
‘‘(7) the nature of the facilities from which or the 
place where communications were to be intercepted. 
‘‘(b) ANNUAL JUSTICE DEPARTMENT REPORT.—In 
January of each year the Attorney General, an Assistant 
Attorney General specially designated by the Attorney 
General, or the principal prosecuting attorney of a State, 
or the principal prosecuting attorney for any political sub-
division of a State, shall report to the Administrative Of-
fice of the United States Courts— 
‘‘(1) the information required by paragraphs (a) 
through (g) of subsection (1) of this section with re-
spect to each application for an order or extension 
made during the preceding calendar year; 
‘‘(2) a general description of the interceptions 
made under such order or extension, including (i) 
the approximate nature and frequency of incrimi-
nating communications intercepted, (ii) the approxi-
mate nature and frequency of other communications 
intercepted, (iii) the approximate number of persons 
whose communications were intercepted, (iv) the 
number of orders in which encryption was encoun-
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tered and whether such encryption prevented law en-
forcement from obtaining the plain text of commu-
nications intercepted pursuant to such order, and (v) 
the approximate nature, amount, and cost of the 
manpower and other resources used in the intercep-
tions; 
‘‘(3) the number of arrests resulting from inter-
ceptions made under such order or extension, and 
the offenses for which arrests were made; 
‘‘(4) the number of trials resulting from such 
interceptions; 
‘‘(5) the number of motions to suppress made 
with respect to such interceptions, and the number 
granted or denied; 
‘‘(6) the number of convictions resulting from 
such interceptions and the offenses for which the 
convictions were obtained and a general assessment 
of the importance of the interceptions; and 
‘‘(7) the information required by paragraphs (b) 
through (f) of this subsection with respect to orders 
or extensions obtained in a preceding calendar year. 
‘‘(c) REPORT TO CONGRESS.—In April of each year the 
Director of the Administrative Office of the United States 
Courts shall transmit to the Congress a full and complete 
report concerning the number of applications for orders 
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authorizing or approving the interception of wire, oral, or 
electronic communications pursuant to this chapter and 
the number of orders and extensions granted or denied 
pursuant to this chapter during the preceding calendar 
year. Such report shall include a summary and analysis 
of the data required to be filed with the Administrative 
Office by subsections (a) and (b) of this section. The Di-
rector of the Administrative Office of the United States 
Courts is authorized to issue binding regulations dealing 
with the content and form of the reports required to be 
filed by subsections (a) and (b). 
‘‘§ 3119E. Recovery of civil damages authorized 
‘‘(a) IN GENERAL.—Except as provided in section 
1492(2)(a)(ii), any person whose wire, oral, or electronic 
communication is intercepted, disclosed, or intentionally 
used in violation of subchapter B of chapter 37 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 an action under this section, appro-
priate relief includes— 
‘‘(1) such preliminary and other equitable or de-
claratory relief as may be appropriate; 
‘‘(2) damages under subsection (c) and punitive 
damages in appropriate cases; and 
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‘‘(3) a reasonable attorney’s fee and other litiga-
tion costs reasonably incurred. 
‘‘(c) COMPUTATION OF DAMAGES.—(1) In an action 
under this section, if the conduct in violation of this chap-
ter is the private viewing of a private satellite video com-
munication that is not scrambled or encrypted or if the 
communication is a radio communication that is trans-
mitted on frequencies allocated under subpart D of part 
74 of the rules of the Federal Communications Commis-
sion that is not scrambled or encrypted and the conduct 
is not for a tortious or illegal purpose or for purposes of 
direct or indirect commercial advantage or private com-
mercial gain, then the court shall assess damages as fol-
lows: 
‘‘(A) If the person who engaged in that conduct 
has not previously been enjoined under section 1492, 
and has not been found liable in a prior civil action 
under this section, the court shall assess the greater 
of the sum of actual damages suffered by the plain-
tiff, or statutory damages of not less than $50 and 
not more than $500. 
‘‘(B) If, on one prior occasion, the person who en-
gaged in that conduct has been enjoined under sec-
tion 2511(5) or has been found liable in a civil ac-
tion under this section, the court shall assess the 
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greater of the sum of actual damages suffered by 
the plaintiff, or statutory damages of not less than 
$100 and not more than $1000. 
‘‘(2) In any other action under this section, the court 
may assess as damages whichever is the greater of— 
‘‘(A) the sum of the actual damages suffered by 
the plaintiff and any profits made by the violator as 
a result of the violation; or 
‘‘(B) statutory damages of whichever is the great-
er of $100 a day for each day of violation or 
$10,000. 
‘‘(d) DEFENSE.—A good faith reliance on— 
‘‘(1) a court warrant or order, a grand jury sub-
poena, a legislative authorization, or a statutory au-
thorization; 
‘‘(2) a request of an investigative or law enforce-
ment officer under section 3119C(7) of this title; or 
‘‘(3) a good faith determination that section 
1492(3) or 2511(2)(i) of this title permitted the con-
duct complained of; 
is a complete defense against any civil or criminal action 
brought under this chapter or any other law. 
‘‘(e) LIMITATION.—A civil action under this section may 
not be commenced later than two years after the date 
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upon which the claimant first has a reasonable oppor-
tunity to discover the violation. 
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or ap-
propriate 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 cir-
cumstances surrounding the violation raise serious ques-
tions 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 re-
ceipt of a true and correct copy of the decision and find-
ings of the court or appropriate department or agency 
promptly initiate a proceeding to determine whether dis-
ciplinary action against the officer or employee is war-
ranted. 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 deter-
mination. 
‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any will-
ful disclosure or use by an investigative or law enforce-
ment officer or governmental entity of information beyond 
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the extent permitted by section 2517 is a violation of this 
chapter for purposes of subsection (a). 
‘‘§ 3119F. Injunction against illegal interception 
‘‘Whenever it shall appear that any person is engaged 
or is about to engage in any act which constitutes or will 
constitute a felony violation of this chapter, the Attorney 
General may initiate a civil action in a district court of 
the United States to enjoin such violation. The court shall 
proceed as soon as practicable to the hearing and deter-
mination of such an action, and may, at any time before 
final determination, enter such a restraining order or pro-
hibition, or take such other action, as is warranted to pre-
vent a continuing and substantial injury to the United 
States or to any person or class of persons for whose pro-
tection the action is brought. A proceeding under this sec-
tion is governed by the Federal Rules of Civil Procedure, 
except that, if an indictment has been returned against 
the respondent, discovery is governed by the Federal Rules 
of Criminal Procedure. 
‘‘§ 3119G. Enforcement of the Communications As-
sistance for Law Enforcement Act 
‘‘(a) ENFORCEMENT
BY COURT ISSUING SURVEIL-
LANCE ORDER.—If a court authorizing an interception 
under this chapter, a State statute, or the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
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or authorizing use of a pen register or a trap and trace 
device under chapter 206 or a State statute finds that a 
telecommunications carrier has failed to comply with the 
requirements of the Communications Assistance for Law 
Enforcement Act, the court may, in accordance with sec-
tion 108 of such Act, direct that the carrier comply forth-
with and may direct that a provider of support services 
to the carrier or the manufacturer of the carrier’s trans-
mission or switching equipment furnish forthwith modi-
fications necessary for the carrier to comply. 
‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTORNEY 
GENERAL.—The Attorney General may, in a civil action 
in the appropriate United States district court, obtain an 
order, in accordance with section 108 of the Communica-
tions Assistance for Law Enforcement Act, directing that 
a telecommunications carrier, a manufacturer of tele-
communications transmission or switching equipment, or 
a provider of telecommunications support services comply 
with such Act. 
‘‘(c) CIVIL PENALTY.— 
‘‘(1) IN
GENERAL.—A court issuing an order 
under this section against a telecommunications car-
rier, a manufacturer of telecommunications trans-
mission or switching equipment, or a provider of 
telecommunications support services may impose a 
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civil penalty of up to $10,000 per day for each day 
in violation after the issuance of the order or after 
such future date as the court may specify. 
‘‘(2) CONSIDERATIONS.—In determining whether 
to impose a civil penalty and in determining its 
amount, the court shall take into account— 
‘‘(A) the nature, circumstances, and extent of 
the violation; 
‘‘(B) the violator’s ability to pay, the viola-
tor’s good faith efforts to comply in a timely 
manner, any effect on the violator’s ability to 
continue to do business, the degree of culpa-
bility, and the length of any delay in under-
taking efforts to comply; and 
‘‘(C) such other matters as justice may re-
quire. 
‘‘(d) DEFINITIONS.—As used in this section, the terms 
defined in section 102 of the Communications Assistance 
for Law Enforcement Act have the meanings provided, re-
spectively, in such section. 
‘‘§ 3119H. Definitions 
‘‘Unless otherwise provided, a term defined for the 
purposes of subchapter B of chapter 37 shall have the 
same meaning for the purposes of this chapter. 
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‘‘CHAPTER 206B—PROCEDURAL AND RE-
LATED PROVISIONS PERTAINING TO 
STORED COMMUNICATIONS 
‘‘Sec. 
‘‘3120. Voluntary disclosure of customer communications or records. 
‘‘3120A. Required disclosure of customer communications or records. 
‘‘3120B. Backup preservation. 
‘‘3120C. Delayed notice. 
‘‘3120D. Cost reimbursement. 
‘‘3120E. Civil action. 
‘‘3120F. Exclusivity of remedies. 
‘‘3120G. Counterintelligence access to telephone toll and transactional records. 
‘‘3120H. Wrongful disclosure of video tape rental or sale records. 
‘‘3120I. Definitions for chapter. 
‘‘3120J. Civil actions against the United States. 
‘‘§ 3120. Voluntary disclosure of customer commu-
nications or records 
‘‘(a) PROHIBITIONS.—Except as provided in subsection 
(b)— 
‘‘(1) a person or entity providing an electronic 
communication service to the public shall not know-
ingly 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 com-
puting service to the public shall not knowingly di-
vulge 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 
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means of computer processing of communica-
tions received by means of electronic trans-
mission from), a subscriber or customer of such 
service; 
‘‘(B) solely for the purpose of providing stor-
age 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 proc-
essing; and 
‘‘(3) a provider of remote computing service or 
electronic communication service to the public shall 
not knowingly divulge a record or other information 
pertaining to a subscriber to or customer of such 
service (not including the contents of communica-
tions covered by paragraph (1) or (2)) to any gov-
ernmental entity. 
‘‘(b) EXCEPTIONS FOR DISCLOSURE OF COMMUNICA-
TIONS.—A provider described in subsection (a) may di-
vulge the contents of a communication— 
‘‘(1) to an addressee or intended recipient of such 
communication or an agent of such addressee or in-
tended recipient; 
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‘‘(2) as otherwise authorized in section 3119B, 
1492, or 1523 of this title; 
‘‘(3) with the lawful consent of the originator or 
an addressee or intended recipient of such commu-
nication, 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 ren-
dition of the service or to the protection of the rights 
or property of the provider of that service; 
‘‘(6) to the National Center for Missing and Ex-
ploited Children, in connection with a report sub-
mitted thereto under section 227 of the Victims of 
Child Abuse Act of 1990 (42 U.S.C. 13032); 
‘‘(7) to a law enforcement agency if the con-
tents— 
‘‘(A) were inadvertently obtained by the serv-
ice provider; and 
‘‘(B) appear to pertain to the commission of 
a crime; and 
‘‘(8) to a Federal, State, or local governmental en-
tity, if the provider, in good faith, believes that an 
emergency involving danger of death or serious phys-
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ical injury to any person requires disclosure without 
delay of communications relating to the emergency. 
‘‘(c) EXCEPTIONS
FOR DISCLOSURE
OF CUSTOMER 
RECORDS.—A provider described in subsection (a) may di-
vulge a record or other information pertaining to a sub-
scriber to or customer of such service (not including the 
contents of communications covered by subsection (a)(1) 
or (a)(2))— 
‘‘(1) as otherwise authorized in section 3120A; 
‘‘(2) with the lawful consent of the customer or 
subscriber; 
‘‘(3) as may be necessarily incident to the ren-
dition of the service or to the protection of the rights 
or property of the provider of that service; 
‘‘(4) to a governmental entity, if the provider rea-
sonably believes that an emergency involving imme-
diate danger of death or serious physical injury to 
any person justifies disclosure of the information; 
‘‘(5) to the National Center for Missing and Ex-
ploited Children, in connection with a report sub-
mitted thereto under section 227 of the Victims of 
Child Abuse Act of 1990 (42 U.S.C. 13032); or 
‘‘(6) to any person other than a governmental en-
tity. 
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‘‘§ 3120A. Required disclosure of customer commu-
nications or records 
‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN ELECTRONIC STORAGE.—A governmental 
entity may require the disclosure by a provider of elec-
tronic communication service of the contents of a wire or 
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 
using the procedures described in the Federal Rules of 
Criminal Procedure by a court with jurisdiction over the 
offense under investigation or equivalent State warrant. 
A governmental entity may require the disclosure by a pro-
vider of electronic communications services of the contents 
of a wire or 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 WIRE OR ELECTRONIC COMMU-
NICATIONS IN A REMOTE COMPUTING SERVICE.—(1) A 
governmental entity may require a provider of remote 
computing service to disclose the contents of any wire or 
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 war-
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rant issued using the procedures described in the 
Federal Rules of Criminal Procedure by a court with 
jurisdiction over the offense under investigation or 
equivalent State warrant; or 
‘‘(B) with prior notice from the governmental en-
tity to the subscriber or customer if the govern-
mental entity— 
‘‘(i) uses an administrative subpoena author-
ized 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 3120C of this title. 
‘‘(2) Paragraph (1) is applicable with respect to any 
wire or electronic communication that is held or main-
tained on that service— 
‘‘(A) on behalf of, and received by means of elec-
tronic 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 
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the contents of any such communications for pur-
poses of providing any services other than storage or 
computer processing. 
‘‘(c) RECORDS CONCERNING ELECTRONIC COMMUNICA-
TION SERVICE OR REMOTE COMPUTING SERVICE.—(1) 
governmental entity may require a provider of electronic 
communication service or remote computing service to dis-
close a record or other information pertaining to a sub-
scriber to or customer of such service (not including the 
contents of communications) only when the governmental 
entity— 
‘‘(A) obtains a warrant issued using the proce-
dures described in the Federal Rules of Criminal 
Procedure by a court with jurisdiction over the of-
fense under investigation or equivalent State war-
rant; 
‘‘(B) obtains a court order for such disclosure 
under subsection (d) of this section; 
‘‘(C) has the consent of the subscriber or cus-
tomer to such disclosure; 
‘‘(D) submits a formal written request relevant to 
a law enforcement investigation concerning tele-
marketing fraud for the name, address, and place of 
business of a subscriber or customer of such pro-
vider, which subscriber or customer is engaged in 
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telemarketing (as such term is defined in section 
2325 of this title); or 
‘‘(E) seeks information under paragraph (2). 
‘‘(2) A provider of electronic communication service or 
remote computing service shall disclose to a governmental 
entity the— 
‘‘(A) name; 
‘‘(B) address; 
‘‘(C) local and long distance telephone connection 
records, or records of session times and durations; 
‘‘(D) length of service (including start date) and 
types of service utilized; 
‘‘(E) telephone or instrument number or other 
subscriber number or identity, including any tempo-
rarily assigned network address; and 
‘‘(F) means and source of payment for such serv-
ice (including any credit card or bank account num-
ber), 
of a subscriber to or customer of such service when the 
governmental entity uses an administrative subpoena au-
thorized by a Federal or State statute or a Federal or 
State grand jury or trial subpoena or any means available 
under paragraph (1). 
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‘‘(3) A governmental entity receiving records or infor-
mation 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 jurisdic-
tion and shall issue only if the governmental entity offers 
specific and articulable facts showing that there are rea-
sonable grounds to believe that the contents of a wire or 
electronic communication, or the records or other informa-
tion sought, are relevant and material to an ongoing crimi-
nal investigation. In the case of a State governmental au-
thority, such a court order shall not issue if prohibited 
by the law of such State. A court issuing an order pursu-
ant 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 volumi-
nous in nature or compliance with such order otherwise 
would cause an undue burden on such provider. 
‘‘(e) NO CAUSE OF ACTION AGAINST A PROVIDER DIS-
CLOSING 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 
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terms of a court order, warrant, subpoena, statutory au-
thorization, or certification under this chapter. 
‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.— 
‘‘(1) IN GENERAL.—A provider of wire or elec-
tronic communication services or a remote com-
puting 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 gov-
ernmental entity. 
‘‘(g) PRESENCE OF OFFICER NOT REQUIRED.—Not-
withstanding section 3105 of this title, the presence of an 
officer shall not be required for service or execution of a 
search warrant issued in accordance with this chapter re-
quiring disclosure by a provider of electronic communica-
tions service or remote computing service of the contents 
of communications or records or other information per-
taining to a subscriber to or customer of such service. 
‘‘§ 3120B. Backup preservation 
‘‘(a) BACKUP PRESERVATION.—(1) A governmental en-
tity acting under section 3120A(b)(2) may include in its 
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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. With-
out 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 reg-
ular business practices and shall confirm to the govern-
mental 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 pursu-
ant to section 3120C(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 govern-
ment’s subpoena or court order. 
‘‘(4) The service provider shall release such backup copy 
to the requesting governmental entity no sooner than four-
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teen 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 cre-
ation of a backup copy under subsection (a)(1) of this sec-
tion if in its sole discretion such entity determines that 
there is reason to believe that notification under section 
1524B 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 14 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. 
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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 legiti-
mate 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 re-
sponse, 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 deter-
mine the motion or application on the basis of the parties’ 
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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 ap-
plication 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 sub-
scriber 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 rel-
evant to that inquiry, it shall deny the motion or applica-
tion 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 sub-
stantial 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. 
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‘‘§ 3120C. Delayed notice 
‘‘(a) DELAY OF NOTIFICATION.—(1) A governmental 
entity acting under section 3120A(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 3120A(b) of this title for a period not to ex-
ceed 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 de-
scribed 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 notifica-
tion required under section 3120A(b) of this title for 
a period not to exceed ninety days upon the execu-
tion 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 re-
sult 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; 
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‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously jeopardizing an investiga-
tion 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 3120A of up to ninety days each may be granted 
by the court upon application, or by certification by a gov-
ernmental entity, but only in accordance with subsection 
(b) of this section. 
‘‘(5) Upon expiration of the period of delay of notifica-
tion under paragraph (1) or (4) of this subsection, the 
governmental entity shall serve upon, or deliver by reg-
istered 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; 
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‘‘(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 assist-
ant 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 pros-
ecuting attorney or an equivalent of a prosecuting attor-
ney’s headquarters or regional office. 
‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV-
ERNMENTAL
ACCESS.—A governmental entity acting 
under section 3120A, when it is not required to notify the 
subscriber or customer under section 3120A(b)(1), or to 
the extent that it may delay such notice pursuant to sub-
section (a) of this section, may apply to a court for an 
order commanding a provider of electronic communica-
tions service or remote computing service to whom a war-
rant, 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 
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order. The court shall enter such an order if it determines 
that there is reason to believe that notification of the exist-
ence 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 investiga-
tion or unduly delaying a trial. 
‘‘§ 3120D. Cost reimbursement 
‘‘(a) PAYMENT.—Except as otherwise provided in sub-
section (c), a governmental entity obtaining the contents 
of communications, records, or other information under 
section 3120, 3120A, or 3120B shall pay to the person 
or entity assembling or providing such information a fee 
for reimbursement for such costs as are reasonably nec-
essary 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. 
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‘‘(b) AMOUNT.—The amount of the fee provided by sub-
section (a) shall be as mutually agreed by the govern-
mental entity and the person or entity providing the infor-
mation, or, in the absence of agreement, shall be as deter-
mined 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 informa-
tion). 
‘‘(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 sub-
section (a) if the court determines the information re-
quired is unusually voluminous in nature or otherwise 
caused an undue burden on the provider. 
‘‘§ 3120E. Civil action 
‘‘(a) CAUSE OF ACTION.—Except as provided in section 
3120A(e), any provider of electronic communication serv-
ice, subscriber, or other person aggrieved by any violation 
of this chapter in which the conduct constituting the viola-
tion is engaged in with a knowing or intentional state of 
mind may, in a civil action, recover from the person or 
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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, ap-
propriate relief includes— 
‘‘(1) such preliminary and other equitable or de-
claratory relief as may be appropriate; 
‘‘(2) damages under subsection (c); and 
‘‘(3) a reasonable attorney’s fee and other litiga-
tion costs reasonably incurred. 
‘‘(c) DAMAGES.—The court may assess as damages in 
a civil action under this section the sum of the actual dam-
ages 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 at-
torney fees determined by the court. 
‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or ap-
propriate 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 cir-
cumstances surrounding the violation raise serious ques-
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tions 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 re-
ceipt of a true and correct copy of the decision and find-
ings of the court or appropriate department or agency 
promptly initiate a proceeding to determine whether dis-
ciplinary action against the officer or employee is war-
ranted. 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 deter-
mination. 
‘‘(e) DEFENSE.—A good faith reliance on— 
‘‘(1) a court warrant or order, a grand jury sub-
poena, a legislative authorization, or a statutory au-
thorization (including a request of a governmental 
entity under section 3120A(f) of this title); 
‘‘(2) a request of an investigative or law enforce-
ment officer under section 3119C(7) of this title; or 
‘‘(3) a good faith determination that section 
1492(3) of this title permitted the conduct com-
plained of; 
is a complete defense to any civil or criminal action 
brought under this chapter or any other law. 
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‘‘(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 reason-
able 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, obtained by an investigative or law enforcement 
officer, or a governmental entity, pursuant to section 
3120A of this title, or from a device installed pursuant 
to section 3123 or 3125 of this title, that is not a disclo-
sure made in the proper performance of the official func-
tions of the officer or governmental entity making the dis-
closure, 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. 
‘‘§ 3120F. Exclusivity of remedies 
‘‘The remedies and sanctions described in this chapter 
are the only judicial remedies and sanctions for noncon-
stitutional violations of this chapter. 
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‘‘§ 3120G. Counterintelligence access to telephone 
toll and transactional records 
‘‘(a) DUTY TO PROVIDE.—A wire or electronic commu-
nication 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 sec-
tion. 
‘‘(b) REQUIRED CERTIFICATION.—The Director of the 
Federal Bureau of Investigation, or his designee in a posi-
tion not lower than Deputy Assistant Director at Bureau 
headquarters or a Special Agent in Charge in a Bureau 
field office designated by the 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) cer-
tifies in writing to the wire or electronic communica-
tion service provider to which the request is made 
that the name, address, length of service, and toll 
billing records sought are relevant to an authorized 
investigation to protect against international ter-
rorism or clandestine intelligence activities, provided 
that such an investigation of a United States person 
is not conducted solely on the basis of activities pro-
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tected by the first amendment to the Constitution of 
the United States; and 
‘‘(2) request the name, address, and length of 
service of a person or entity if the Director (or his 
designee) certifies in writing to the wire or electronic 
communication service provider to which the request 
is made that the information sought is relevant to 
an authorized investigation to protect against inter-
national terrorism or clandestine intelligence activi-
ties, provided that such an investigation of a United 
States person is not conducted solely upon the basis 
of activities protected by the first amendment to the 
Constitution 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 sec-
tion. 
‘‘(d) DISSEMINATION BY BUREAU.—The Federal Bu-
reau 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 in-
vestigations conducted by the Federal Bureau of Inves-
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tigation, 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 Di-
rector 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 Com-
mittee on the Judiciary of the Senate, concerning all re-
quests made under subsection (b) of this section. 
‘‘§ 3120H. Wrongful disclosure of video tape rental or 
sale records 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘consumer’ means any renter, pur-
chaser, 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, re-
quest 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 
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‘‘(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 de-
livery 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 re-
spect 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 ag-
grieved person for the relief provided in subsection (d). 
‘‘(2) A video tape service provider may disclose person-
ally 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 disclo-
sure 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— 
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‘‘(i) the video tape service provider has pro-
vided 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 dis-
closed 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 pro-
ceeding 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 oppor-
tunity to appear and contest the claim of the 
person seeking the disclosure. 
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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 subpara-
graph (C) shall issue only with prior notice to the con-
sumer 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 en-
forcement inquiry. In the case of a State government au-
thority, such a court order shall not issue if prohibited 
by the law of such State. A court issuing an order pursu-
ant 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 unrea-
sonably 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; 
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‘‘(C) reasonable attorneys’ fees and other litiga-
tion 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 per-
mitted by this section. 
‘‘(d) PERSONALLY IDENTIFIABLE INFORMATION.—Per-
sonally 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 pro-
ceeding 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 sub-
ject to this section shall destroy personally identifiable in-
formation 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 informa-
tion under subsection (b)(2) or (c)(2) or pursuant to a 
court order. 
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‘‘(f) PREEMPTION.—The provisions of this section pre-
empt only the provisions of State or local law that require 
disclosure prohibited by this section. 
‘‘§ 3120I. Definitions for chapter 
‘‘As used in this chapter— 
‘‘(1) unless otherwise provided, a term defined in 
section 1491 has the same meaning given that term 
in that section; 
‘‘(2) the term ‘remote computing service’ means 
the provision to the public of computer storage or 
processing services by means of an electronic com-
munications system; and 
‘‘(3) the term ‘court of competent jurisdiction’ has 
the meaning assigned by section 3127, and includes 
any Federal court within that definition, without ge-
ographic limitation. 
‘‘§ 3120J. Civil actions against the United States 
‘‘(a) IN GENERAL.—Any person who is aggrieved by 
any willful violation of subchapter B or C of chapter 37 
or of sections 106(a), 305(a), or 405(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) may commence an action in United States District 
Court against the United States to recover money dam-
ages. In any such action, if a person who is aggrieved suc-
cessfully establishes such a violation of subchapter B or 
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C of chapter 37 or of the above specified provisions of 
title 50, the Court may assess as damages— 
‘‘(1) actual damages, but not less than $10,000, 
whichever amount is greater; and 
‘‘(2) litigation costs, reasonably incurred. 
‘‘(b) PROCEDURES.—(1) Any action against the United 
States under this section may be commenced only after 
a claim is presented to the appropriate department or 
agency under the procedures of the Federal Tort Claims 
Act, as set forth in title 28. 
‘‘(2) Any action against the United States under this 
section shall be forever barred unless it is presented in 
writing to the appropriate Federal agency within 2 years 
after such claim accrues or unless action is begun within 
6 months after the date of mailing, by certified or reg-
istered mail, of notice of final denial of the claim by the 
agency to which it was presented. The claim shall accrue 
on the date upon which the claimant first has a reasonable 
opportunity to discover the violation. 
‘‘(3) Any action under this section shall be tried to the 
court without a jury. 
‘‘(4) Notwithstanding any other provision of law, the 
procedures set forth in section 106(f), 305(g), or 405(f) 
of the Foreign Intelligence Surveillance Act of 1978 (50 
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U.S.C. 1801 et seq.) shall be the exclusive means by which 
materials governed by those sections may be reviewed. 
‘‘(5) An amount equal to any award against the United 
States under this section shall be reimbursed by the de-
partment or agency concerned to the fund described in 
section 1304 of title 31, out of any appropriation, fund, 
or other account (excluding any part of such appropria-
tion, fund, or account that is available for the enforcement 
of any Federal law) that is available for the operating ex-
penses of the department or agency concerned. 
‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court or ap-
propriate 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 cir-
cumstances surrounding the violation raise serious ques-
tions 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 re-
ceipt of a true and correct copy of the decision and find-
ings of the court or appropriate department or agency 
promptly initiate a proceeding to determine whether dis-
ciplinary action against the officer or employee is war-
ranted. If the head of the department or agency involved 
determines that disciplinary action is not warranted, he 
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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 deter-
mination. 
‘‘(d) EXCLUSIVE REMEDY.—Any action against the 
United States under this subsection shall be the exclusive 
remedy against the United States for any claims within 
the purview of this section. 
‘‘(e) STAY OF PROCEEDINGS.—(1) Upon the motion of 
the United States, the court shall stay any action com-
menced under this section if the court determines that civil 
discovery will adversely affect the ability of the Govern-
ment to conduct a related investigation or the prosecution 
of a related criminal case. Such a stay shall toll the limita-
tions periods of paragraph (2) of subsection (b). 
‘‘(2) In this subsection, the terms ‘related criminal case’ 
and ‘related investigation’ mean an actual prosecution or 
investigation in progress at the time at which the request 
for the stay or any subsequent motion to lift the stay is 
made. In determining whether an investigation or a crimi-
nal case is related to an action commenced under this sec-
tion, the court shall consider the degree of similarity be-
tween the parties, witnesses, facts, and circumstances in-
volved in the 2 proceedings, without requiring that any 
one or more factors be identical. 
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‘‘(3) In requesting a stay under paragraph (1), the Gov-
ernment may, in appropriate cases, submit evidence ex 
parte in order to avoid disclosing any matter that may 
adversely affect a related investigation or a related crimi-
nal case. If the Government makes such an ex parte sub-
mission, the plaintiff shall be given an opportunity to 
make a submission to the court, not ex parte, and the 
court may, in its discretion, request further information 
from either party. 
Æ 
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