CITE
47 USC Sec. 605 01/08/2008
EXPCITE
TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI - MISCELLANEOUS PROVISIONS
HEAD
Sec. 605. Unauthorized publication or use of communications
STATUTE
(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.
SOURCE
(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.