                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL 
                             RECORDS ACCESS
 
Sec. 2707. Civil action

    (a) Cause of Action.--Except as provided in section 2703(e), any 
provider of electronic communication service, subscriber, or other 
person aggrieved by any violation 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 
which engaged in that violation such relief as may be appropriate.
    (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 litigation 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 successful 
action to enforce liability under this section, the court may assess the 
costs of the action, together with reasonable attorney fees determined 
by the court.
    (d) Disciplinary Actions for Violations.--If a court determines that 
any agency or department of the United States has violated this chapter 
and the court finds that the circumstances surrounding the violation 
raise the question whether or not an officer or employee of the agency 
or department acted willfully or intentionally with respect to the 
violation, the agency or department concerned shall promptly initiate a 
proceeding to determine whether or not disciplinary action is warranted 
against the officer or employee.
    (e) 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 enforcement officer 
    under section 2518(7) of this title; or
        (3) a good faith determination that section 2511(3) of this 
    title permitted the conduct complained of;

is a complete defense to any civil or criminal action brought under this 
chapter or any other law.
    (f) 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 reasonable opportunity to discover the 
violation.

(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat. 
1866; amended Pub. L. 104-293, title VI, Sec. 601(c), Oct. 11, 1996, 110 
Stat. 3469.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-293, Sec. 601(c)(1), substituted 
``other person'' for ``customer''.
    Subsec. (c). Pub. L. 104-293, Sec. 601(c)(2), inserted at end ``If 
the violation is willful or intentional, the court may assess punitive 
damages. In the case of a successful action to enforce liability under 
this section, the court may assess the costs of the action, together 
with reasonable attorney fees determined by the court.''
    Subsecs. (d) to (f). Pub. L. 104-293, Sec. 601(c)(3), (4), added 
subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), 
respectively.
