1205 
States Courts shall transmit to the Congress a full and 
complete report concerning the number of applications for 
orders authorizing or approving the interception of wire, 
oral, or electronic communications pursuant to this chap-
ter and the number of orders and extensions granted or 
denied pursuant to this chapter during the preceding cal-
endar year. Such report shall include a summary and anal-
ysis of the data required to be filed with the Administra-
tive Office by subsections (a) and (b) of this section. The 
Director 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(b)(1)(B), 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, ap-
propriate relief includes— 
‘‘(1) such preliminary and other equitable or 
declaratory relief as may be appropriate; 
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‘‘(2) damages under subsection (c) and punitive 
damages in appropriate cases; and 
‘‘(3) a reasonable attorney’s fee and other liti-
gation 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 
engaged in that conduct has been enjoined under 
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section 1492 or has been found liable in a civil ac-
tion under this section, the court shall assess the 
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 
greater 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 
subpoena, a legislative authorization, or a statutory 
authorization; 
‘‘(2) a request of an investigative or law en-
forcement officer under section 3119C(g); or 
‘‘(3) a good faith determination that section 
1492(c) or 1492(b)(1) permitted the conduct com-
plained of, 
is a complete defense against any civil or criminal action 
brought under this chapter or any other law. 
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‘‘(e) LIMITATION.—A civil action under this section 
may not be commenced later than two years after the date 
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 
willful disclosure or use by an investigative or law enforce-
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ment officer or governmental entity of information beyond 
the extent permitted by section 3119B 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 Assist-
ance 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-
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ligence Surveillance Act of 1978 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 Commu-
nications Assistance for Law Enforcement Act, the court 
may, in accordance with section 108 of such Act, direct 
that the carrier comply forthwith and may direct that a 
provider of support services to the carrier or the manufac-
turer of the carrier’s transmission or switching equipment 
furnish forthwith modifications necessary for the carrier 
to comply. 
‘‘(b) ENFORCEMENT UPON APPLICATION BY ATTOR-
NEY GENERAL.—The Attorney General may, in a civil ac-
tion in the appropriate United States district court, obtain 
an order, in accordance with section 108 of the Commu-
nications 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 
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telecommunications support services may impose a 
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 wheth-
er 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 As-
sistance for Law Enforcement Act have the meanings pro-
vided, respectively, 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 205B—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 sub-
section (b) or (c)— 
‘‘(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 
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 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 intended recipient; 
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‘‘(2) as otherwise authorized in section 3119B, 
1492, or 3120A; 
‘‘(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 commu-
nication 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 
Exploited Children, in connection with a report sub-
mitted thereto under section 6 of the Criminal Code 
Modernization and Simplification Act of 2011; 
‘‘(7) to a law enforcement agency if the con-
tents— 
‘‘(A) were inadvertently obtained by the 
service provider; and 
‘‘(B) appear to pertain to the commission 
of a crime; and 
‘‘(8) to a governmental entity, if the provider, 
in good faith, believes that an emergency involving 
danger of death or serious physical injury to any 
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PWALKER on DSK7TPTVN1PROD with BILLS
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person requires disclosure without delay of commu-
nications 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, 
in good faith, believes that an emergency involving 
danger of death or serious physical injury to any 
person requires disclosure without delay of informa-
tion relating to the emergency; 
‘‘(5) to the National Center for Missing and 
Exploited Children, in connection with a report sub-
mitted thereto under section 6 of the Criminal Code 
Modernization and Simplification Act of 2011; or 
‘‘(6) to any person other than a governmental 
entity. 
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‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.— 
On an annual basis, the Attorney General shall submit to 
the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the 
Senate a report containing 
‘‘(1) the number of accounts from which the 
Department of Justice has received voluntary disclo-
sures under subsection (b)(8); and 
‘‘(2) a summary of the basis for disclosure in 
those instances where— 
‘‘(A) voluntary disclosures under sub-
section (b)(8) were made to the Department of 
Justice; and 
‘‘(B) the investigation pertaining to those 
disclosures was closed without the filing of 
criminal charges. 
‘‘§ 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 
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using the procedures described in the Federal Rules of 
Criminal Procedure (or, in the case of a State court, 
issued using State warrant procedures) by a court of com-
petent jurisdiction. A governmental entity may require the 
disclosure by a provider of electronic communications serv-
ices of the contents of a wire or electronic communication 
that has been in electronic storage in an electronic commu-
nications 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 
warrant issued using the procedures described in the 
Federal Rules of Criminal Procedure (or, in the case 
of a State court, issued using State warrant proce-
dures) by a court of competent jurisdiction; or 
‘‘(B) with prior notice from the governmental 
entity to the subscriber or customer if the govern-
mental entity— 
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‘‘(i) uses an administrative subpoena au-
thorized by a Federal or State statute or a Fed-
eral or State grand jury or trial subpoena; or 
‘‘(ii) obtains a court order for such disclo-
sure under subsection (d) of this section; 
except that delayed notice may be given pursuant to 
section 3120C. 
‘‘(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 
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 ac-
cess the contents of any such communications for 
purposes of providing any services other than stor-
age or computer processing. 
‘‘(c) RECORDS CONCERNING ELECTRONIC COMMU-
NICATION SERVICE OR REMOTE COMPUTING SERVICE.— 
(1) A governmental entity may require a provider of elec-
tronic communication service or remote computing service 
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to disclose a record or other information pertaining to a 
subscriber to or customer of such service (not including 
the contents of communications) only when the govern-
mental entity— 
‘‘(A) obtains a warrant issued using the proce-
dures described in the Federal Rules of Criminal 
Procedure (or, in the case of a State court, issued 
using State warrant procedures) by a court of com-
petent jurisdiction; 
‘‘(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 
telemarketing; or 
‘‘(E) seeks information under paragraph (2). 
‘‘(2) A provider of electronic communication service 
or remote computing service shall disclose to a govern-
mental entity the— 
‘‘(A) name; 
‘‘(B) address; 
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‘‘(C) local and long distance telephone connec-
tion records, or records of session times and dura-
tions; 
‘‘(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 
service (including any credit card or bank account 
number), 
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). 
‘‘(3) A governmental entity receiving records or infor-
mation under this subsection is not required to provide 
notice to a subscriber or customer. 
‘‘(4) As used in this subsection, the term ‘tele-
marketing’— 
‘‘(A) means a plan, program, promotion, or 
campaign that is conducted to induce— 
‘‘(i) purchases of goods or services; 
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‘‘(ii) participation in a contest or sweep-
stakes; or 
‘‘(iii) a charitable contribution, donation, 
or gift of money or any other thing of value, 
by use of 1 or more interstate telephone calls initiated ei-
ther by a person who is conducting the plan, program, 
promotion, or campaign or by a prospective purchaser or 
contest or sweepstakes participant or charitable contrib-
utor, or donor; but 
‘‘(B) does not include the solicitation of sales 
through the mailing of a catalog that— 
‘‘(i) contains a written description or illus-
tration of the goods or services offered for sale; 
‘‘(ii) includes the business address of the 
seller; 
‘‘(iii) includes multiple pages of written 
material or illustration; and 
‘‘(iv) has been issued not less frequently 
than once a year, 
if the person making the solicitation does not solicit cus-
tomers by telephone but only receives calls initiated by 
customers in response to the catalog and during those 
calls takes orders without further solicitation. 
‘‘(d) REQUIREMENTS FOR COURT ORDER.—A court 
order for disclosure under subsection (b) or (c) may be 
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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 
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, 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-
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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, the presence of an officer shall 
not be required for service or execution of a search war-
rant issued in accordance with this chapter requiring dis-
closure by a provider of electronic communications service 
or remote computing service of the contents of commu-
nications or records or other information pertaining to a 
subscriber to or customer of such service. 
‘‘§ 3120B. Backup preservation 
‘‘(a) BACKUP PRESERVATION.—(1) A governmental 
entity acting under section 3120A(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. With-
out notifying the subscriber or customer of such subpoena 
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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 
pursuant 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 (includ-
ing appeals of any proceeding) concerning the gov-
ernment’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 sub-
scriber or customer that the subscriber or customer 
has challenged the governmental entity’s request; 
and 
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‘‘(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 
3120A 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. 
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 
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electronic communications maintained for him have 
been sought; and 
‘‘(B) stating the applicant’s reasons for believ-
ing that the records sought are not relevant to a le-
gitimate 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 reg-
istered or certified mail a copy of the papers to the person, 
office, or department specified in the notice which the cus-
tomer has received pursuant to this chapter. For the pur-
poses 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 com-
plied 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 govern-
mental 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 appro-
priate. All such proceedings shall be completed and the 
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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 in-
quiry 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 en-
tity are maintained, and that there is not a reason to be-
lieve that the communications sought are relevant to a le-
gitimate 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. 
‘‘§ 3120C. Delayed notice 
‘‘(a) DELAY OF NOTIFICATION.—(1) A governmental 
entity acting under section 3120A(b) may— 
‘‘(A) where a court order is sought, include in 
the application a request, which the court shall 
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