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Acorn Video: Census Bureau And Senate In Trouble.

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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:36 AM
Original message
Acorn Video: Census Bureau And Senate In Trouble.
TITLE 18--CRIMES AND CRIMINAL PROCEDURE


PART I--CRIMES


CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS



Sec. 2515. Prohibition of use as evidence of intercepted wire or
oral communications


Whenever any wire or oral communication has been intercepted, no
part of the contents of such communication and no evidence derived
therefrom may be received in evidence in any trial, hearing, or other
proceeding in or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or other authority of
the United States, a State, or a political subdivision thereof if the
disclosure of that information would be in violation of this chapter.


TITLE 18--CRIMES AND CRIMINAL PROCEDURE


PART I--CRIMES


CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS



Sec. 2520. Recovery of civil damages authorized


(a) In General.--Except as provided in section 2511(2)(a)(ii), any
person whose wire, oral, or electronic communication is intercepted,
disclosed, or intentionally used in violation of this chapter may in a
civil action recover from the person or entity, other than the United
States, which engaged in that violation such relief as may be
appropriate.
(b) Relief.--In an action under this section, appropriate relief
includes--
(1) such preliminary and other equitable or declaratory relief
as may be appropriate;
(2) damages under subsection (c) and punitive damages in
appropriate cases; and
(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.


(c) Computation of Damages.--(1) In an action under this section, if
the conduct in violation of this chapter is the private viewing of a
private satellite video communication that is not scrambled or encrypted
or if the communication is a radio communication that is transmitted on
frequencies allocated under subpart D of part 74 of the rules of the
Federal Communications Commission that is not scrambled or encrypted and
the conduct is not for a tortious or illegal purpose or for purposes of
direct or indirect commercial advantage or private commercial gain, then
the court shall assess damages as follows:
(A) If the person who engaged in that conduct has not previously
been enjoined under section 2511(5) and has not been found liable in
a prior civil action under this section, the court shall assess the
greater of the sum of actual damages suffered by the plaintiff, or
statutory damages of not less than $50 and not more than $500.
(B) If, on one prior occasion, the person who engaged in that
conduct has been enjoined under section 2511(5) or has been found
liable in a civil action under this section, the court shall assess
the greater of the sum of actual damages suffered by the plaintiff,
or statutory damages of not less than $100 and not more than $1000.


(2) In any other action under this section, the court may assess as
damages whichever is the greater of--
(A) the sum of the actual damages suffered by the plaintiff and
any profits made by the violator as a result of the violation; or
(B) statutory damages of whichever is the greater of $100 a day
for each day of violation or $10,000.


(d) Defense.--A good faith reliance on--
(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer
under section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) or
2511(2)(i) of this title permitted the conduct complained of;


is a complete defense against any civil or criminal action brought under
this chapter or any other law.
(e) Limitation.--A civil action under this section may not be
commenced later than two years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
(f) Administrative Discipline.--If a court or appropriate department
or agency determines that the United States or any of its departments or
agencies has violated any provision of this chapter, and the court or
appropriate department or agency finds that the circumstances
surrounding the violation raise serious questions about whether or not
an officer or employee of the United States acted willfully or
intentionally with respect to the violation, the department or agency
shall, upon receipt of a true and correct copy of the decision and
findings of the court or appropriate department or agency promptly
initiate a proceeding to determine whether disciplinary action against
the officer or employee is warranted. If the head of the department or
agency involved determines that disciplinary action is not warranted, he
or she shall notify the Inspector General with jurisdiction over the
department or agency concerned and shall provide the Inspector General
with the reasons for such determination.
(g) Improper Disclosure Is Violation.--Any willful disclosure or use
by an investigative or law enforcement officer or governmental entity of
information beyond the extent permitted by section 2517 is a violation
of this chapter for purposes of section 2520(a).
_________________________________________________________________________

Basically the Census Bureau and Senate cannot use anything in those videos at anytime for any reason. This is because they are illegal wiretaps. Also Acorn can't use anything in them against the employees in the videos. Disciplinary actions can be taken againt anyone who has. With Statutory Damages set at 100.00 per day or 10,000.00 which ever is greater. I can understand why the employeees are keeping their mouthes shut and letting the damages rack up day by day.
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kelly1mm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 01:20 AM
Response to Original message
1. Ummm - you might want to check the legal definition of wiretap. nt
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 01:29 AM
Response to Reply #1
2. Done! There is none in Sec. 2510. Definitions.
Wiretap is an Euphemism
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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 01:29 AM
Response to Reply #1
3. Dupe
Edited on Wed Sep-16-09 01:30 AM by Wizard777
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