Page:United States Statutes at Large Volume 100 Part 3.djvu/58

 100 STAT. 1866

PUBLIC LAW 99-508—OCT. 21, 1986

18 USC 2706.

"(4) intimidation of potential witnesses; or "(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

"§ 2706. Cost reimbursement . "(a) PAYMENT.—Except as otherwise provided in subsection (c), a governmental entity obtaining the contents of communications, records, or other information under section 2702, 2703, or 2704 of this title 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 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. "Ob) AMOUNT.—The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information, or, in the absence of agreement, shall be as determined 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 information). "(c) 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 subsection (a) if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider. "§ 2707. Civil action "(a) CAUSE OF ACTION.—Except as provided in section 2703(e), any

provider of electronic communication service, subscriber, or customer 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. "(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 enforcement officer under section 2518(7) of this title; or

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