§2522 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A court that approves wiretaps, pen-registers, trap-and-trace orders, or similar surveillance can order a telecommunications carrier (like a phone or internet company), the makers of its transmission or switching equipment, or a company that provides support services to make changes so the carrier follows the Communications Assistance for Law Enforcement Act (CALEA). The Attorney General can also go to federal court to get the same kind of order. If someone does not follow a court order, the court can fine them up to $10,000 for each day they keep violating the order, starting after the order or on a later date the court sets. When deciding fines, the judge will look at how serious the violation was, how long it lasted, whether the company tried in good faith to comply, whether it can pay, whether a fine would stop it from doing business, how responsible it was, and any other fair factors. Words used here have the meanings given in section 102 of CALEA.

Title 18, §2522

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)If a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or authorizing use of a pen register or a trap and trace device under chapter 206 or a State statute finds that a telecommunications carrier has failed to comply with the requirements of the Communications Assistance for Law Enforcement Act, the court may, in accordance with section 108 of such Act, direct that the carrier comply forthwith and may direct that a provider of support services to the carrier or the manufacturer of the carrier’s transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply.

(b)The Attorney General may, in a civil action in the appropriate United States district court, obtain an order, in accordance with section 108 of the Communications Assistance for Law Enforcement Act, directing that a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services comply with such Act.

(c)(1)A court issuing an order under this section against a telecommunications carrier, a manufacturer of telecommunications transmission or switching equipment, or a provider of telecommunications support services may impose a civil penalty of up to $10,000 per day for each day in violation after the issuance of the order or after such future date as the court may specify.

(2)In determining whether to impose a civil penalty and in determining its amount, the court shall take into account—

(A)the nature, circumstances, and extent of the violation;

(B)the violator’s ability to pay, the violator’s good faith efforts to comply in a timely manner, any effect on the violator’s ability to continue to do business, the degree of culpability, and the length of any delay in undertaking efforts to comply; and

(C)such other matters as justice may require.

(d)As used in this section, the terms defined in section 102 of the Communications Assistance for Law Enforcement Act have the meanings provided, respectively, in such section.

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The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (a), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

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note set out under section 1801 of Title 50 and Tables. The Communications Assistance for Law

Enforcement

Act, referred to in subsecs. (a) and (b), is title I of Pub. L. 103–414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (§ 1001 et seq.) of chapter 9 of Title 47, Telecommunications. section 102 and 108 of the Act are classified to section 1001 and 1007, respectively, of Title 47. For complete classification of this Act to the Code, see

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note set out under section 1001 of Title 47 and Tables.

§2522 Enforcement of the Communications Assistance for Law Enforcement Act

Summary

Title 18, §2522

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Enforcement

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