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

Summary

If a person (not a foreign power or its agent) had a place (like a home or business), property, information, or materials physically searched in the United States, or had information from such a search disclosed or used in violation of section 1827, they can sue the person who did it. They can recover actual damages (but at least $1,000 or $100 per day of the violation, whichever is greater), punitive damages, and reasonable lawyer fees and investigation and court costs.

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