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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 47USC605]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 605. Unauthorized publication or use of communications
(a) Practices prohibited
Except as authorized by chapter 119, title 18, no person receiving,
assisting in receiving, transmitting, or assisting in transmitting, any
interstate or foreign communication by wire or radio shall divulge or
publish the existence, contents, substance, purport, effect, or meaning
thereof, except through authorized channels of transmission or
reception, (1) to any person other than the addressee, his agent, or
attorney, (2) to a person employed or authorized to forward such
communication to its destination, (3) to proper accounting or
distributing officers of the various communicating centers over which
the communication may be passed, (4) to the master of a ship under whom
he is serving, (5) in response to a subpena issued by a court of
competent jurisdiction, or (6) on demand of other lawful authority. No
person not being authorized by the sender shall intercept any radio
communication and divulge or publish the existence, contents, substance,
purport, effect, or meaning of such intercepted communication to any
person. No person not being entitled thereto shall receive or assist in
receiving any interstate or foreign communication by radio and use such
communication (or any information therein contained) for his own benefit
or for the benefit of another not entitled thereto. No person having
received any intercepted radio communication or having become acquainted
with the contents, substance, purport, effect, or meaning of such
communication (or any part thereof) knowing that such communication was
intercepted, shall divulge or publish the existence, contents,
substance, purport, effect, or meaning of such communication (or any
part thereof) or use such communication (or any information therein
contained) for his own benefit or for the benefit of another not
entitled thereto. This section shall not apply to the receiving,
divulging, publishing, or utilizing the contents of any radio
communication which is transmitted by any station for the use of the
general public, which relates to ships, aircraft, vehicles, or persons
in distress, or which is transmitted by an amateur radio station
operator or by a citizens band radio operator.
(b) Exceptions
The provisions of subsection (a) of this section shall not apply to
the interception or receipt by any individual, or the assisting
(including the manufacture or sale) of such interception or receipt, of
any satellite cable programming for private viewing if--
(1) the programming involved is not encrypted; and
(2)(A) a marketing system is not established under which--
(i) an agent or agents have been lawfully designated for the
purpose of authorizing private viewing by individuals, and
(ii) such authorization is available to the individual
involved from the appropriate agent or agents; or
(B) a marketing system described in subparagraph (A) is
established and the individuals receiving such programming has
obtained authorization for private viewing under that system.
(c) Scrambling of Public Broadcasting Service programming
No person shall encrypt or continue to encrypt satellite delivered
programs included in the National Program Service of the Public
Broadcasting Service and intended for public viewing by retransmission
by television broadcast stations; except that as long as at least one
unencrypted satellite transmission of any program subject to this
subsection is provided, this subsection shall not prohibit additional
encrypted satellite transmissions of the same program.
(d) Definitions
For purposes of this section--
(1) the term ``satellite cable programming'' means video
programming which is transmitted via satellite and which is
primarily intended for the direct receipt by cable operators for
their retransmission to cable subscribers;
(2) the term ``agent'', with respect to any person, includes an
employee of such person;
(3) the term ``encrypt'', when used with respect to satellite
cable programming, means to transmit such programming in a form
whereby the aural and visual characteristics (or both) are modified
or altered for the purpose of preventing the unauthorized receipt of
such programming by persons without authorized equipment which is
designed to eliminate the effects of such modification or
alteration;
(4) the term ``private viewing'' means the viewing for private
use in an individual's dwelling unit by means of equipment, owned or
operated by such individual, capable of receiving satellite cable
programming directly from a satellite;
(5) the term ``private financial gain'' shall not include the
gain resulting to any individual for the private use in such
individual's dwelling unit of any programming for which the
individual has not obtained authorization for that use; and
(6) the term ``any person aggrieved'' shall include any person
with proprietary rights in the intercepted communication by wire or
radio, including wholesale or retail distributors of satellite cable
programming, and, in the case of a violation of paragraph (4) of
subsection (e) of this section, shall also include any person
engaged in the lawful manufacture, distribution, or sale of
equipment necessary to authorize or receive satellite cable
programming.
(e) Penalties; civil actions; remedies; attorney's fees and costs;
computation of damages; regulation by State and local
authorities
(1) Any person who willfully violates subsection (a) of this section
shall be fined not more than $2,000 or imprisoned for not more than 6
months, or both.
(2) Any person who violates subsection (a) of this section willfully
and for purposes of direct or indirect commercial advantage or private
financial gain shall be fined not more than $50,000 or imprisoned for
not more than 2 years, or both, for the first such conviction and shall
be fined not more than $100,000 or imprisoned for not more than 5 years,
or both, for any subsequent conviction.
(3)(A) Any person aggrieved by any violation of subsection (a) of
this section or paragraph (4) of this subsection may bring a civil
action in a United States district court or in any other court of
competent jurisdiction.
(B) The court--
(i) may grant temporary and final injunctions on such terms as
it may deem reasonable to prevent or restrain violations of
subsection (a) of this section;
(ii) may award damages as described in subparagraph (C); and
(iii) shall direct the recovery of full costs, including
awarding reasonable attorneys' fees to an aggrieved party who
prevails.
(C)(i) Damages awarded by any court under this section shall be
computed, at the election of the aggrieved party, in accordance with
either of the following subclauses;
(I) the party aggrieved may recover the actual damages suffered
by him as a result of the violation and any profits of the violator
that are attributable to the violation which are not taken into
account in computing the actual damages; in determining the
violator's profits, the party aggrieved shall be required to prove
only the violator's gross revenue, and the violator shall be
required to prove his deductible expenses and the elements of profit
attributable to factors other than the violation; or
(II) the party aggrieved may recover an award of statutory
damages for each violation of subsection (a) of this section
involved in the action in a sum of not less than $1,000 or more than
$10,000, as the court considers just, and for each violation of
paragraph (4) of this subsection involved in the action an aggrieved
party may recover statutory damages in a sum not less than $10,000,
or more than $100,000, as the court considers just.
(ii) In any case in which the court finds that the violation was
committed willfully and for purposes of direct or indirect commercial
advantage or private financial gain, the court in its discretion may
increase the award of damages, whether actual or statutory, by an amount
of not more than $100,000 for each violation of subsection (a) of this
section.
(iii) In any case where the court finds that the violator was not
aware and had no reason to believe that his acts constituted a violation
of this section, the court in its discretion may reduce the award of
damages to a sum of not less than $250.
(4) Any person who manufactures, assembles, modifies, imports,
exports, sells, or distributes any electronic, mechanical, or other
device or equipment, knowing or having reason to know that the device or
equipment is primarily of assistance in the unauthorized decryption of
satellite cable programming, or direct-to-home satellite services, or is
intended for any other activity prohibited by subsection (a) of this
section, shall be fined not more than $500,000 for each violation, or
imprisoned for not more than 5 years for each violation, or both. For
purposes of all penalties and remedies established for violations of
this paragraph, the prohibited activity established herein as it applies
to each such device shall be deemed a separate violation.
(5) The penalties under this subsection shall be in addition to
those prescribed under any other provision of this subchapter.
(6) Nothing in this subsection shall prevent any State, or political
subdivision thereof, from enacting or enforcing any laws with respect to
the importation, sale, manufacture, or distribution of equipment by any
person with the intent of its use to assist in the interception or
receipt of radio communications prohibited by subsection (a) of this
section.
(f) Rights, obligations, and liabilities under other laws unaffected
Nothing in this section shall affect any right, obligation, or
liability under title 17, any rule, regulation, or order thereunder, or
any other applicable Federal, State, or local law.
(g) Universal encryption standard
The Commission shall initiate an inquiry concerning the need for a
universal encryption standard that permits decryption of satellite cable
programming intended for private viewing. In conducting such inquiry,
the Commission shall take into account--
(1) consumer costs and benefits of any such standard, including
consumer investment in equipment in operation;
(2) incorporation of technological enhancements, including
advanced television formats;
(3) whether any such standard would effectively prevent present
and future unauthorized decryption of satellite cable programming;
(4) the costs and benefits of any such standard on other
authorized users of encrypted satellite cable programming, including
cable systems and satellite master antenna television systems;
(5) the effect of any such standard on competition in the
manufacture of decryption equipment; and
(6) the impact of the time delay associated with the Commission
procedures necessary for establishment of such standards.
(h) Rulemaking for encryption standard
If the Commission finds, based on the information gathered from the
inquiry required by subsection (g) of this section, that a universal
encryption standard is necessary and in the public interest, the
Commission shall initiate a rulemaking to establish such a standard.
(June 19, 1934, ch. 652, title VII, Sec. 705, formerly title VI,
Sec. 605, 48 Stat. 1103; Pub. L. 90-351, title III, Sec. 803, June 19,
1968, 82 Stat. 223; Pub. L. 97-259, title I, Sec. 126, Sept. 13, 1982,
96 Stat. 1099; renumbered title VII, Sec. 705, and amended Pub. L. 98-
549, Secs. 5(a), 6(a), Oct. 30, 1984, 98 Stat. 2802, 2804; Pub. L. 100-
626, Sec. 11, Nov. 7, 1988, 102 Stat. 3211; Pub. L. 100-667, title II,
Secs. 204, 205, Nov. 16, 1988, 102 Stat. 3958, 3959; Pub. L. 103-414,
title III, Secs. 303(a)(25)-(28), 304(a)(15), Oct. 25, 1994, 108 Stat.
4295-4297; Pub. L. 104-104, title II, Sec. 205(a), Feb. 8, 1996, 110
Stat. 114.)
Amendments
1996--Subsec. (e)(4). Pub. L. 104-104 inserted ``or direct-to-home
satellite services,'' after ``programming,''.
1994--Subsec. (d)(6). Pub. L. 103-414, Sec. 303(a)(25), substituted
``subsection (e)'' for ``subsection (d)''.
Subsec. (e)(3)(A). Pub. L. 103-414, Sec. 303(a)(26), substituted
``paragraph (4) of this subsection'' for ``paragraph (4) of subsection
(d) of this section''.
Subsec. (f). Pub. L. 103-414, Sec. 303(a)(27), redesignated subsec.
(f), relating to universal encryption standard, as (g).
Subsec. (g). Pub. L. 103-414, Sec. 304(a)(15), which directed
substitution of ``The Commission'' for ``within 6 months after November
16, 1988, the Federal Communications Commission'', was executed by
making the substitution in text which read ``Within 6 months'' rather
than ``within 6 months'' in introductory provisions to reflect the
probable intent of Congress.
Pub. L. 103-414, Sec. 303(a)(27), redesignated subsec. (f), relating
to universal encryption standard, as (g). Former subsec. (g)
redesignated (h).
Subsec. (h). Pub. L. 103-414, Sec. 303(a)(27), (28), redesignated
subsec. (g) as (h) and substituted ``subsection (g)'' for ``subsection
(f)''.
1988--Subsecs. (c), (d). Pub. L. 100-626 added subsec. (c) and
redesignated former subsec. (c) as (d). Former subsec. (d) redesignated
(e).
Subsec. (d)(6). Pub. L. 100-667, Sec. 205(1), which directed the
addition of par. (6) to subsec. (c), was executed to subsec. (d) to
reflect the probable intent of Congress and the intervening
redesignation of subsec. (c) as (d) by Pub. L. 100-626.
Subsec. (e). Pub. L. 100-667, Sec. 205(2)-(12), which directed the
amendment of subsec. (d)(1) to (4) of this section, was executed to
subsec. (e)(1) to (4) of this section, see below, to reflect the
probable intent of Congress and the intervening redesignation of subsec.
(d) as (e) by Pub. L. 100-626.
Pub. L. 100-626 redesignated subsec. (d) as (e). Former subsec. (e)
redesignated (f).
Subsec. (e)(1). Pub. L. 100-667, Sec. 205(2), substituted ``$2,000''
for ``$1,000''.
Subsec. (e)(2). Pub. L. 100-667, Sec. 205(3), substituted ``$50,000
or imprisoned for not more than 2 years, or both, for the first such
conviction and shall be fined not more than $100,000 or imprisoned for
not more than 5 years'' for ``$25,000 or imprisoned for not more than 1
year, or both, for the first such conviction and shall be fined not more
than $50,000 or imprisoned for not more than 2 years''.
Subsec. (e)(3)(A). Pub. L. 100-667, Sec. 205(4), inserted ``or
paragraph (4) of subsection (d) of this section'' before ``may bring''.
Subsec. (e)(3)(B). Pub. L. 100-667, Sec. 205(5)-(8), struck out
``may'' after ``The court'' and substituted ``may grant'' for ``grant''
in cl. (i), ``may award'' for ``award'' in cl. (ii), and ``shall
direct'' for ``direct'' in cl. (iii).
Subsec. (e)(3)(C)(i)(II). Pub. L. 100-667, Sec. 205(9), inserted
``of subsection (a) of this section'' after ``violation'', substituted
``$1,000'' for ``$250'', and inserted before period at end ``, and for
each violation of paragraph (4) of this subsection involved in the
action an aggrieved party may recover statutory damages in a sum not
less than $10,000, or more than $100,000, as the court considers just''.
Subsec. (e)(3)(C)(ii). Pub. L. 100-667, Sec. 205(10), substituted
``$100,000 for each violation of subsection (a) of this section'' for
``$50,000''.
Subsec. (e)(3)(C)(iii). Pub. L. 100-667, Sec. 205(11), substituted
``$250'' for ``$100''.
Subsec. (e)(4). Pub. L. 100-667, Sec. 205(12), added par. (4) and
struck out former par. (4) which read as follows: ``The importation,
manufacture, sale, or distribution of equipment by any person with the
intent of its use to assist in any activity prohibited by subsection (a)
of this section shall be subject to penalties and remedies under this
subsection to the same extent and in the same manner as a person who has
engaged in such prohibited activity.''
Subsec. (f). Pub. L. 100-667, Sec. 204, added subsec. (f) relating
to universal encryption standard.
Pub. L. 100-626 redesignated subsec. (e), relating to rights,
obligations, and liabilities under other laws, as (f).
Subsec. (g). Pub. L. 100-667, Sec. 204, added subsec. (g).
1984--Pub. L. 98-549, Sec. 5(a), designated existing provisions as
subsec. (a) and added subsecs. (b) to (e).
1982--Pub. L. 97-259 struck out ``broadcast or'' after
``communication which is'', substituted ``any station'' for ``amateurs
or others'', struck out ``or'' after ``general public,'', and
substituted ``ships, aircraft, vehicles, or persons in distress, or
which is transmitted by an amateur radio station operator or by a
citizens band radio operator'' for ``ships in distress''.
1968--Pub. L. 90-351 inserted ``Except as authorized by chapter 119,
title 18'', designated existing provisions as cls. (1) to (6), inserted
``radio'' before ``communication'' in second and fourth sentences,
struck out ``wire or'' before ``radio'' in third sentence, and
substituted ``intercepted'' for ``obtained'' in fourth sentence.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-667 effective Jan. 1, 1989, see section 206
of Pub. L. 100-667, set out as an Effective Date note under section 119
of Title 17, Copyrights.
Effective Date of 1984 Amendment
Section 5(b) of Pub. L. 98-549 provided that: ``The amendments made
by subsection (a) [amending this section] shall take effect on the
effective date of this Act [Dec. 29, 1984].''
Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984,
except where otherwise expressly provided, see section 9(a) of Pub. L.
98-549, set out as an Effective Date note under section 521 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 548, 612 of this title;
title 18 section 2511; title 50 section 1805.