1215 
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 inves-
tigation or unduly delaying a trial. 
‘‘§ 3120D. Cost reimbursement 
‘‘(a) PAYMENT.—Except as otherwise provided in 
subsection (c), a governmental entity obtaining the con-
tents 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 
necessary and which have been directly incurred in search-
ing 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 com-
puting service in which such information may be stored. 
‘‘(b) AMOUNT.—The amount of the fee provided by 
subsection (a) shall be as mutually agreed by the govern-
mental entity and the person or entity providing the infor-
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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 com-
mon carrier that relate to telephone toll records and tele-
phone listings obtained under section 3120A. The court 
may, however, order a payment as described in subsection 
(a) if the court determines the information required is un-
usually voluminous in nature or otherwise caused an 
undue burden on the provider. 
‘‘§ 3120E. Civil action 
‘‘(a) CAUSE OF ACTION.—Except as provided in sec-
tion 3120A(e), any provider of electronic communication 
service, subscriber, or other person aggrieved by any viola-
tion of this chapter in which the conduct constituting the 
violation is engaged in with a knowing or intentional state 
of mind may, in a civil action, recover from the person 
or entity, other than the United States, which engaged in 
that violation such relief as may be appropriate. 
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‘‘(b) RELIEF.—In a civil action under this section, 
appropriate relief includes— 
‘‘(1) such preliminary and other equitable or 
declaratory relief as may be appropriate; 
‘‘(2) damages under subsection (c); and 
‘‘(3) a reasonable attorney’s fee and other liti-
gation costs reasonably incurred. 
‘‘(c) DAMAGES.—The court may assess as damages 
in a civil action under this section the sum of the actual 
damages suffered by the plaintiff and any profits made 
by the violator as a result of the violation, but in no case 
shall a person entitled to recover receive less than the sum 
of $1,000. If the violation is willful or intentional, the 
court may assess punitive damages. In the case of a suc-
cessful action to enforce liability under this section, the 
court may assess the costs of the action, together with 
reasonable attorney fees determined by the court. 
‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or 
appropriate 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 
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1218 
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 
subpoena, a legislative authorization, or a statutory 
authorization (including a request of a governmental 
entity under section 3120A(f)); 
‘‘(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) permitted the conduct complained of; 
is a complete defense to any civil or criminal action 
brought under this chapter or any other law. 
‘‘(f) LIMITATION.—A civil action under this section 
may not be commenced later than two years after the date 
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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, or from a device installed pursuant to section 
3123 or 3125, that is not a disclosure made in the proper 
performance of the official functions of the officer or gov-
ernmental entity making the disclosure, is a violation of 
this chapter. This subsection does not apply to informa-
tion previously lawfully disclosed (prior to the commence-
ment of any civil or administrative proceeding under this 
chapter) to the public by a Federal, State, or local govern-
mental entity or by the plaintiff in a civil action under 
this chapter. 
‘‘§ 3120F. Exclusivity of remedies 
‘‘The remedies and sanctions described in this chap-
ter are the only judicial remedies and sanctions for non-
constitutional violations of this chapter. 
‘‘§ 3120G. Counterintelligence access to telephone toll 
and transactional records 
‘‘(a) DUTY TO PROVIDE.—A wire or electronic com-
munication service provider shall comply with a request 
for subscriber information and toll billing records informa-
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tion, or electronic communication transactional records in 
its custody or possession made by the Director of the Fed-
eral Bureau of Investigation under subsection (b) of this 
section. 
‘‘(b) REQUIRED CERTIFICATION.—The Director of 
the Federal Bureau of Investigation, or his designee in 
a position not lower than Deputy Assistant Director 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 serv-
ice, and local and long distance toll billing records 
of a person or entity if the Director (or his designee) 
certifies in writing to the wire or electronic commu-
nication service provider to which the request is 
made that the name, address, length of service, and 
toll billing records sought are relevant to an author-
ized investigation to protect against international 
terrorism or clandestine intelligence activities, pro-
vided that such an investigation of a United States 
person is not conducted solely on the basis of activi-
ties protected by the first amendment to the Con-
stitution 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 
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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.— 
‘‘(1) If the Director of the Federal Bureau of 
Investigation, or his designee in a position not lower 
than Deputy Assistant Director at Bureau head-
quarters or a Special Agent in Charge in a Bureau 
field office designated by the Director, certifies that 
otherwise there may result a danger to the national 
security of the United States, interference with a 
criminal, counterterrorism, or counterintelligence in-
vestigation, interference with diplomatic relations, or 
danger to the life or physical safety of any person, 
no wire or electronic communications service pro-
vider, or officer, employee, or agent thereof, shall 
disclose to any person (other than those to whom 
such disclosure is necessary to comply with the re-
quest or an attorney to obtain legal advice or legal 
assistance with respect to the request) that the Fed-
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1222 
eral Bureau of Investigation has sought or obtained 
access to information or records under this section. 
‘‘(2) The request shall notify the person or enti-
ty to whom the request is directed of the nondisclo-
sure requirement under paragraph (1). 
‘‘(3) Any recipient disclosing to those persons 
necessary to comply with the request or to an attor-
ney to obtain legal advice or legal assistance with re-
spect to the request shall inform such person of any 
applicable nondisclosure requirement. Any person 
who receives a disclosure under this subsection shall 
be subject to the same prohibitions on disclosure 
under paragraph (1). 
‘‘(4) At the request of the Director of the Fed-
eral Bureau of Investigation or the designee of the 
Director, any person making or intending to make 
a disclosure under this section shall identify to the 
Director or such designee the person to whom such 
disclosure will be made or to whom such disclosure 
was made prior to the request, except that nothing 
in this section requires a person to inform the Direc-
tor or such designee of the identity of an attorney 
to whom disclosure was made or will be made to ob-
tain legal advice or legal assistance with respect to 
the request under subsection (a). 
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‘‘(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-
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. 
‘‘(f) LIBRARIES.—A library (as that term is defined 
in section 213(1) of the Library Services and Technology 
Act), the services of which include access to the Internet, 
books, journals, magazines, newspapers, or other similar 
forms of communication in print or digitally by patrons 
for their use, review, examination, or circulation, is not 
a wire or electronic communication service provider for 
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purposes of this section, unless the library is providing the 
services defined in section 1491 (‘electronic communica-
tion service’). 
‘‘§ 3120H. Wrongful disclosure of video tape rental or 
sale records 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘consumer’ means any renter, 
purchaser, or subscriber of goods or services from a 
video tape service provider; 
‘‘(2) the term ‘ordinary course of business’ 
means only debt collection activities, order fulfill-
ment, request processing, and the transfer of owner-
ship; 
‘‘(3) the term ‘personally identifiable informa-
tion’ includes information which identifies a person 
as having requested or obtained specific video mate-
rials or services from a video tape service provider; 
and 
‘‘(4) the term ‘video tape service provider’ 
means any person, engaged in the business, in or af-
fecting interstate or foreign commerce, of rental, 
sale, or delivery of prerecorded video cassette tapes 
or similar audio visual materials, or any person or 
other entity to whom a disclosure is made under 
subparagraph (D) or (E) of subsection (b)(2), but 
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only with respect to the information contained in the 
disclosure. 
‘‘(b) VIDEO TAPE RENTAL AND SALE RECORDS.— 
(1) A video tape service provider who knowingly discloses, 
to any person, personally identifiable information con-
cerning any consumer of such provider shall be liable to 
the aggrieved person for the relief provided in subsection 
(d). 
‘‘(2) A video tape service provider may disclose per-
sonally identifiable information concerning any con-
sumer— 
‘‘(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 Crimi-
nal Procedure, an equivalent State warrant, a grand 
jury subpoena, or a court order; 
‘‘(D) to any person if the disclosure is solely of 
the names and addresses of consumers and if— 
‘‘(i) the video tape service provider has 
provided the consumer with the opportunity, in 
a clear and conspicuous manner, to prohibit 
such disclosure; and 
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‘‘(ii) the disclosure does not identify the 
title, description, or subject matter of any video 
tapes or other audio visual material; however, 
the subject matter of such materials may be 
disclosed if the disclosure is for the exclusive 
use of marketing goods and services directly to 
the consumer; 
‘‘(E) to any person if the disclosure is incident 
to the ordinary course of business of the video tape 
service provider; or 
‘‘(F) pursuant to a court order, in a civil 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 no-
tice, 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. 
If an order is granted pursuant to subparagraph (C) or 
(F), the court shall impose appropriate safeguards against 
unauthorized disclosure. 
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‘‘(3) Court orders authorizing disclosure under sub-
paragraph (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 liq-
uidated damages in an amount of $2,500; 
‘‘(B) punitive damages; 
‘‘(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. 
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‘‘(3) No action may be brought under this subsection 
unless such action is begun within 2 years from the date 
of the act complained of or the date of discovery. 
‘‘(4) No liability shall result from lawful disclosure 
permitted by this section. 
‘‘(d) PERSONALLY IDENTIFIABLE INFORMATION.— 
Personally identifiable information obtained in any man-
ner other than as provided in this section shall not be re-
ceived in evidence in any trial, hearing, arbitration, or 
other proceeding in or before any court, grand jury, de-
partment, officer, agency, regulatory body, legislative com-
mittee, or other authority of the United States, a State, 
or a political subdivision of a State. 
‘‘(e) DESTRUCTION OF OLD RECORDS.—A person 
subject to this section shall destroy personally identifiable 
information as soon as practicable, but no later than one 
year from the date the information is no longer necessary 
for the purpose for which it was collected and there are 
no pending requests or orders for access to such informa-
tion under subsection (b)(2) or (c)(2) or pursuant to a 
court order. 
‘‘§ 3120I. Definitions for chapter 
‘‘As used in this chapter— 
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‘‘(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; 
‘‘(3) the term ‘court of competent jurisdiction’ 
includes— 
‘‘(A) any district court of the United 
States (including a magistrate judge of such a 
court) or any United States court of appeals 
that— 
‘‘(i) has jurisdiction over the offense 
being investigated; 
‘‘(ii) is in or for a district in which the 
provider of a wire or electronic communica-
tion service is located or in which the wire 
or electronic communications, records, or 
other information are stored; or 
‘‘(iii) is acting on a request for foreign 
assistance pursuant to section 3512; or 
‘‘(B) a court of general criminal jurisdic-
tion of a State authorized by the law of that 
State to issue search warrants; and 
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‘‘(4) the term ‘governmental entity’ means a de-
partment or agency of the United States or any 
State or political subdivision thereof. 
‘‘§ 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 may commence an 
action in United States District Court against the United 
States to recover money damages. In any such action, if 
a person who is aggrieved successfully establishes such a 
violation of subchapter B or 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 
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