§1828 — Title 50 War and National Defense | U.S. Code

Summary

People who had a physical search of their property or information in the United States, or whose information from that search was used in violation of section 1827, may sue. They can recover actual damages (minimum $1,000 or $100/day, whichever is greater), punitive damages, and reasonable legal and investigative costs. Foreign power — a country or group. Agent of a foreign power — a person working for them.

Title 50, §1828

War and National Defense — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

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.

§1828 Civil liability

Summary

Title 50, §1828

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata