Page:United States Statutes at Large Volume 92 Part 2.djvu/516

 92 STAT. 1796

PUBLIC LAW 95-511—OCT. 25, 1978 PENALTIES

50 USC 1809.

SEC. 109. (a) OFFENSE.—A person is guilty of an ojffense if he intentionally— (1) engages in electronic surveillance under color of law except as authorized by statute; or s,.. , (2) discloses or uses information obtained under color of law „.,. by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute. (b) DEFENSE,—It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction. (c) PENALTY..—An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both. (d) JURISDICTION.-—There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed. CIVIL LIABILITY

50 USC 1810.

S E C 110. CIVIL ACTION.—An aggrieved person, other than a foreign

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power or an agent of a foreign power, as defined in section 101(a) or (b)(1)(A), respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 109 shall have a cause of action against any person who committed such violation and shall be entitled to recover— • (a) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater; , . (b) punitive damages; and (c) reasonable attorney's fees and other investigation and litigation costs reasonably incurred. AUTHORIZATION DURING T I M E OF WAR

50 USC 1811.

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SEC. 111. Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress. TITLE II—CONFORMING AMENDMENTS AMENDMENTS TO CHAPTER 1 1 9 OF TITLE 1 8, UNITED STATES CODE

18 USC 2511.

SEC. 201. Chapter 119 of title 18, United States Code, is amended as follows: (a) Section 2511(2)(a) (ii) is amended to read as follows: "(ii) Notwithstanding any other law, communication common carriers, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire or

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