50 U.S.C. § 1828 — Civil liability

FEDERAL · 50 U.S.C. · Chapter 36

Civil liability

Current through Pub. L. 119-102

Title 50 — War and National Defense·Ch. 36 — FOREIGN INTELLIGENCE SURVEILLANCE·Subch. II

An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 1827 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—

(1)actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;

(2)punitive damages; and

(3)reasonable attorney's fees and other investigative and litigation costs reasonably incurred.

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An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 1827 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—
(1) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;
(2) punitive damages; and
(3) reasonable attorney's fees and other investigative and litigation costs reasonably incurred.

50 U.S.C. § 1828 (Civil liability) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 95–511, title III, §308, as added Pub. L. 103–359, title VIII, §807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.