{"identifier":"/us/usc/t18/s2522","title":18,"num":"\u00a7\u202f2522.","heading":"Enforcement of the Communications Assistance for Law Enforcement Act","text":"\u00a7\u202f2522.\nEnforcement of the Communications Assistance for Law Enforcement Act\n(a)\nEnforcement by Court Issuing Surveillance Order.\u2014\nIf a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 (\n50 U.S.C. 1801\n(b)\nEnforcement Upon Application by Attorney General.\u2014\nThe 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.\n(c)\nCivil Penalty.\u2014\n(1)\nIn general.\u2014\nA 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.\n(2)\nConsiderations.\u2014\nIn determining whether to impose a civil penalty and in determining its amount, the court shall take into account\u2014\n(A) the nature, circumstances, and extent of the violation;\n(B) the violator\u2019s ability to pay, the violator\u2019s good faith efforts to comply in a timely manner, any effect on the violator\u2019s ability to continue to do business, the degree of culpability, and the length of any delay in undertaking efforts to comply; and\n(C) such other matters as justice may require.\n(d)\nDefinitions.\u2014\nAs 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.","url":"https://projectusc.org/usc/t18/s2522.html","content":[{"t":"sec","id":"/us/usc/t18/s2522","children":[{"t":"num","text":"\u00a7\u202f2522."},{"t":"heading","text":"Enforcement of the Communications Assistance for Law Enforcement Act"},{"t":"subsec","id":"/us/usc/t18/s2522/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Enforcement by Court Issuing Surveillance Order.\u2014"},{"t":"content","text":"If a court authorizing an interception under this chapter, a State statute, or the Foreign Intelligence Surveillance Act of 1978 (","children":[{"t":"ref","text":"50 U.S.C. 1801","href":"/us/usc/t50/s1801","tail":" 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\u2019s transmission or switching equipment furnish forthwith modifications necessary for the carrier to comply."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s2522/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Enforcement Upon Application by Attorney General.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s2522/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Civil Penalty.\u2014"},{"t":"para","id":"/us/usc/t18/s2522/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s2522/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Considerations.\u2014"},{"t":"chapeau","text":"In determining whether to impose a civil penalty and in determining its amount, the court shall take into account\u2014"},{"t":"subpara","id":"/us/usc/t18/s2522/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the nature, circumstances, and extent of the violation;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t18/s2522/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the violator\u2019s ability to pay, the violator\u2019s good faith efforts to comply in a timely manner, any effect on the violator\u2019s ability to continue to do business, the degree of culpability, and the length of any delay in undertaking efforts to comply; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t18/s2522/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" such other matters as justice may require.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s2522/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}