PRIA, Government Policy, Made Personal

Summary

Anyone harmed by illegal electronic surveillance or by unlawful use or disclosure of information from that surveillance can sue the person who did it. This does not cover a foreign power or an agent of a foreign power (see section 1801(a) and 1801(b)(1)(A)). They can get whatever actual loss they prove, but at least: for a U.S. person, $10,000 or $1,000 per day of violation (whichever is larger); for others, $1,000 or $100 per day (whichever is larger). They can also get punitive damages (extra money to punish) and reasonable lawyer fees and other reasonable investigation and court costs.

Title 50, §1810

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) of this title, 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 1809 of this title 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 equal to the greater of—

(1)if the aggrieved person is a United States person, $10,000 or $1,000 per day for each day of violation; or

(2)for any other aggrieved person, $1,000 or $100 per day for each day of violation;

(b)punitive damages; and

(c)reasonable attorney’s fees and other investigation and litigation costs reasonably incurred.

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–49 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;”.

§1810 Civil Liability

Summary

Title 50, §1810

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata