47 U.S.C. 553.
Unauthorized Reception of Cable Service
§ 553. Unauthorized Reception of Cable Service
(a) Unauthorized interception or receipt or assistance in intercepting
or receiving service; "assist in intercepting or receiving" defined
(1) No person shall intercept or receive or assist in intercepting
or receiving any communications service offered over a cable system, unless
specifically authorized to do so by a cable operator or as may otherwise
be specifically authorized by law.
(2) For the purpose of this section, the term "assist in intercepting
or receiving" shall include the manufacture or distribution of equipment
intended by the manufacturer or distributor (as the case may be) for unauthorized
reception of any communications service offered over a cable system in
violation of subparagraph (1).
(b) Penalties for willful violation
(1) Any person who willfully violates subsection (a)(1) of this section
shall be fined not more than $1,000 or imprisoned for not more than 6 months,
or both.
(2) Any person who violates subsection (a)(1) of this section willfully
and for purposes of 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 offense and shall be fined not more than $100,000
or imprisoned for not more than 5 years, or both, for any subsequent offense.
(3) For purposes of all penalties and remedies established for violations
of subsection (a)(1) of this section, the prohibited activity established
herein as it applies to each such device shall be deemed a separate violation.
(c) Civil action in district court; injunctions; damages;
attorney's fees
and costs; regulation by States or franchising authorities
(1) Any person aggrieved by any violation of subsection (a)(1) of this
section may bring a civil action in a United States district court or in
any other court of competent jurisdiction.
(2) The court may--
(A) grant temporary and final injunctions on such terms as it may deem
reasonable to prevent or restrain violations of subsection (a)(1) of this
section;
(B) award damages as described in paragraph (3); and
(C) direct the recovery of full costs, including awarding reasonable
attorneys' fees to an aggrieved party who prevails.
(3)
(A) Damages awarded by any court under this section shall be computed
in accordance with either of the following clauses:
(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
all violations involved in the action, in a sum of not less than $250 or
more than $10,000 as the court considers just.
(B) In any case in which the court finds that the violation was committed
willfully and for purposes of commercial advantage or private financial
gain, the court in its discretion may increase the award of damages, whether
actual or statutory under subparagraph (A), by an amount of not more than
$50,000.
(C) 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 $100.
(D) Nothing in this subchapter shall prevent any State or franchising
authority from enacting or enforcing laws, consistent with this section,
regarding the unauthorized interception or reception of any cable service
or other communications service.
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Updated page June 22, 2000
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