92 STAT. 1796
PUBLIC LAW 95-511—OCT. 25, 1978
PENALTIES
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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
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(2) discloses or uses information obtained under color of law
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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
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S E C 110. CIVIL ACTION.—An aggrieved person, other than a foreign
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;
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(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
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SEO. 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.
T I T L E II—CONFORMING AMENDMENTS
AMENDMENTS TO CHAPTER 1 1 9 OF TITLE 1 8 , UNITED STATES CODE
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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