§1203 Civil Remedies

Summary

You can sue in a federal district court if you are harmed by a violation of section 1201 or 1202. The court can order temporary or permanent steps to stop the violation, but it cannot impose prior censorship on speech or the press protected by the First Amendment. While a case is pending, the court can seize devices or products it thinks were used in the violation. The court can also award damages, may allow recovery of costs (but not against the United States or its officers), may award reasonable lawyer fees to the winner, and can require that involved devices or products be fixed or destroyed as part of a final judgment. A person who breaks section 1201 or 1202 must pay either actual damages plus any violator profits attributable to the violation (if the injured party chooses that before final judgment), or statutory damages chosen before final judgment. For section 1201, statutory damages are $200 to $2,500 for each act of circumvention, device, product, component, offer, or service. For section 1202, statutory damages are $2,500 to $25,000 per violation. If a person is found to violate either section again within 3 years after a final judgment for a prior violation, the court may increase damages up to three times. The court may reduce or cancel damages if the violator proves they did not know and had no reason to know their acts were a violation. For nonprofit libraries, archives, educational institutions, or public broadcasting entities, the court must cancel damages if they prove that lack of knowledge. (Public broadcasting entity is defined under section 118(f).)