Page:United States Statutes at Large Volume 100 Part 3.djvu/45

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-508—OCT. 21, 1986

100 STAT. 1853

a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the person who engages in such conduct shall be subject to suit by the Federal Government in a court of competent jurisdiction, "(ii) In an action under this subsection— "(A) if the violation of this chapter is a first offense for the person under paragraph (a) of subsection (4) and such person has not been found liable in a civil action under section 2520 of this title, the Federal Government shall be entitled to appro- Infra. priate injunctive relief; and "(B) if the violation of this chapter is a second or subsequent offense under paragraph (a) of subsection (4) or such person has been found liable in any prior civil action under section 2520, the person shall be subject to a mandatory $500 civil fine. "OJ) The court may use any means within its authority to enforce an injunction issued under paragraph (iiXA), and shall impose a civil fine of not less than $500 for each violation of such an injunction.". (e)

EXCLUSIVITY OF REMEDIES WITH

RESPECT TO ELECTRONIC

COMMUNICATIONS.—Section 2518(10) of title 18, United States C!ode, is amended by adding at the end the following: "(c) The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutioncd violations of this chapter involving such communications.". (f) STATE OF MIND.—Paragraphs (a), (b), (c), and (d) of subsection (1)

of section 2511 of title 18, United States Code, are amended by striking out "willfully" and inserting in lieu thereof "intentionally. (2) Subsection (1) of section 2512 of title 18, United States Code, is amended in the matter before paragraph (a) by striking out "willfully" and inserting in lieu thereof "intentionally". SEC. 102. REQUIREMENTS FOR CERTAIN DISCLOSURES.

Section 2511 of title 18, United States Code, is amended by adding at the end the following: "(3)(a) Except as provided in paragraph Ob) of this subsection, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient. "(b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication— "(i) as otherwise authorized in section 2511(2)(a) or 2517 of this title; "(ii) with the lawful consent of the originator or any addressee or intended recipient of such communication; "(iii) to a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or "(iv) which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.". SEC. 103. RECOVERY OF CIVIL DAMAGES. Section 2520 of title 18, United States Code, is amended to read as follows: