Difference between revisions of "Cable Communications Policy Act of 1984"

Latest revision as of 01:49, 22 October 2020

Cable Communications Policy Act of 1984
Short Title	Cable Communications Policy Act
Official Text	Cable Communications Policy Act of 1984
Country/Jurisdiction	United States
State or Province
Regulatory Bodies	United States Congress
Date Enacted	1984/10/30

Scope of the Law	Customer Service, Cable Operator, Customer, Cable Service, Individual
Information

Taxonomy	Aggregation, Disclosure, Exclusion, Identification, Insecurity, Secondary Use
Strategies

Template:Ad

Template:United StatesAd

The Communications Act of 1934 was amended by the Cable Communications Policy Act of 1984. The Act provides consumers to receive information and notification from the cable operator when the nature of personally identifiable information has been collected. The Act also prevents cable operator from collecting personally identifiable information for another purpose.

Text of the law

"SEC. 631. (a)(1) At the time of entering into an agreement to provide any cable service or other service to a subscriber and at least once a year thereafter, a cable operator shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of— ^{Exclusion, Disclosure, Identification}

"(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;

"(B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;

"(C) the period during which such information will be maintained by the cable operator;

"(D) the times and place at which the subscriber may have access to such information in accordance with subsection (d); and

"(E) the limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (f) and (h) to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this section, such notice shall be provided within 180 days of such date and at least once a year thereafter.

"(2) For purposes of this section, the term 'personally identifiable information' does not include any record of aggregate data which does not identify particular persons. ^{Aggregation, Identification}

"(b)(1) Except as provided in paragraph (2), a cable operator shall not use the cable system to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. ^{Aggregation, Exclusion}

"(2) A cable operator may use the cable system to collect such information in order to— ^{Secondary Use}

"(A) obtain information necessary to render a cable service or other service provided by the cable operator to the subscriber; or

"(B) detect unauthorized reception of cable communications. ^Insecurity

"(c)(1) Except as provided in paragraph (2), a cable operator shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. ^{Exclusion, Disclosure}

(2) A cable operator may disclose such information if the disclosure is

"(A) necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided by the cable operator to the subscriber;

"(B) subject to subsection (h), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or

"(C) a disclosure of the names and addresses of subscribers to any cable service or other service, if—

"(i) the cable operator has provided the subscriber the opportunity to prohibit or limit such disclosure, and "(ii) the disclosure does not reveal, directly or indirectly, the—

"(I) extent of any viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or

"(II) the nature of any transaction made by the subscriber over the cable system of the cable operator.

"(d) A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such cable operator. A cable subscriber shall be provided reasonable opportunity to correct any error in such information.

"(e) A cable operator shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (d) or pursuant to a court order.

"(f)(1) Any person aggrieved by any act of a cable operator in Courts, U.S. violation of this section may bring a civil action in a United States district court.

"(2) The court may award—

"(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;

"(B) punitive damages; and

"(C) reasonable attorneys' fees and other litigation costs reasonably incurred.

"(3) The remedy provided by this section shall be in addition to any other lawful remedy available to a cable subscriber.

"(g) Nothing in this title shall be construed to prohibit any State or any franchising authority from enacting or enforcing laws con- sistent with this section for the protection of subscriber privacy.

"(h) A governmental entity may obtain personally identifiable information concerning a cable subscriber pursuant to a court order only if, in the court proceeding relevant to such court order—

"(1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and

"(2) the subject of the information is afforded the opportunity to appear and contest such entity's claim.

"SEC. 632. (a) A franchising authority may require, as part of a franchise (including a franchise renewal, subject to section 626), provisions for enforcement of—

"(1) customer service requirements of the cable operator; and

"(2) construction schedules and other construction-related requirements of the cable operator.

"(b) A franchising authority may enforce any provision, contained in any franchise, relating to requirements described in paragraph (1) or (2) of subsection (a), to the extent not inconsistent with this title.

"(c) Nothing in this title shall be construed to prohibit any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not inconsistent with this title.

"SEC. 633. (a)(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). crimes and

"(b)(1) Any person who willfully violates subsection (a)(1) shall be misdemeanors.fined not more than $1,000 or imprisoned for not more than 6 months, or both.

"(2) Any person who violates subsection (a)(1) willfully and for purposes of commercial advantage or private financial gain shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for any subsequent offense.

"(c)(1) Any person aggrieved by any violation of subsection (a)(1) 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

"(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) "(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

"(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 title 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.

Disclaimer: The text of this law may not be the most recent version. We make no warranties or representations about the accuracy, completeness, or adequacy of the information contained on this site. Please check official sources.

Difference between revisions of "Cable Communications Policy Act of 1984"

Latest revision as of 01:49, 22 October 2020

Text of the law

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@@ Line 1: / Line 1: @@
-'''Cable Communication Policy Act (1984)'''
+{{Law
+|Short title=Cable Communications Policy Act
+|Official text=https://www.govinfo.gov/content/pkg/STATUTE-98/pdf/STATUTE-98-Pg2779.pdf
+|Country/Jurisdiction=United States
+|Regulatory bodies=United States Congress
+|Date enacted=1984/10/30
+|Scope of the law=Customer Service, Cable Operator, Customer, Cable Service, Individual
+|Categories of personal information covered=Authenticating, Computer Device, Identifying
+|Short summary introduction=The Communications Act of 1934 was amended by the Cable Communications Policy Act of 1984. The Act provides consumers to receive information and notification from the cable operator when the nature of personally identifiable information has been collected. The Act also prevents cable operator from collecting personally identifiable information for another purpose.
+|Text of the law={{SectionHarm|Section="SEC. 631. (a)(1) At the time of entering into an agreement to provide any cable service or other service to a subscriber and at least once a year thereafter, a cable operator shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of—|Harms=Exclusion, Disclosure, Identification}}
-'''Text of Law'''
+"(A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;
-PART IV—MISCELLANEOUS PROVISIONS
+"(B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;
-                               "PROTECTION OF SUBSCRIBER PRIVACY
+"(C) the period during which such information will be maintained by the cable operator;
-use 551.      "SEC. 631. (a)(1) At the time of entering into an agreement to
+"(D) the times and place at which the subscriber may have access to such information in accordance with subsection (d); and
-              provide any cable service or other service to a subscriber and at
-              least once a year thereafter, a cable operator shall provide notice in
-              the form of a separate, written statement to such subscriber which
-              clearly and conspicuously informs the subscriber of—
-                      "(A) the nature of personally identifiable information collect-
-                   ed or to be collected with respect to the subscriber and the
-                   nature of the use of such information;
-                      "(B) the nature, frequency, and purpose of any disclosure
-                   which may be made of such information, including an identifi-
-                   cation of the types of persons to whom the disclosure may be
-                   made;
-                      "(C) the period during which such information will be main-
-                   tained by the cable operator;
-                      "(D) the times and place at which the subscriber may have
-                   access to such information in accordance with subsection (d);
-                   and
-                      "(E) the limitations provided by this section with respect to
-                   the collection and disclosure of information by a cable operator
-                   and the right of the subscriber under subsections (f) and (h) to
-                   enforce such limitations.
-              In the case of subscribers who have entered into such an agreement
-              before the effective date of this section, such notice shall be provided
-              within 180 days of such date and at least once a year thereafter.
-                 "(2) For purposes of this section, the term 'personally identifiable
-              information' does not include any record of aggregate data which
-              does not identify particular persons.
-                 "Ot))(l) Except as provided in paragraph (2), a cable operator shall
-              not use the cable system to collect personally identifiable informa-
-              tion concerning any subscriber without the prior written or elec-
-              tronic consent of the subscriber concerned.
-                 "(2) A cable operator may use the cable system to collect such
-              information in order to—
-                      "(A) obtain information necessary to render a cable service or
-                   other service provided by the cable operator to the subscriber;
-                   or
-                      "(B) detect unauthorized reception of cable communications.
-                 "(c)(1) Except as provided in paragraph (2), a cable operator shall
-              not disclose personally identifiable information concerning any sub-
-              scriber without the prior written or electronic consent of the sub-
-              scriber concerned.(2) A cable operator may disclose such information if the disclo-
-sure is—
-         "(A) necessary to render, or conduct a legitimate business
-      activity related to, a cable service or other service provided by
-      the cable operator to the subscriber;
-         "(B) subject to subsection (h), made pursuant to a court order
-      authorizing such disclosure, if the subscriber is notified of such
-      order by the person to whom the order is directed; or
-         "(C) a disclosure of the names and addresses of subscribers to
-      any cable service or other service, if—
-              "(i) the cable operator has provided the subscriber the
-           opportunity to prohibit or limit such disclosure, and
-              "(ii) the disclosure does not reveal, directly or indirectly,
-           the—
-                    "(I) extent of any viewing or other use by the sub-
-                 scriber of a cable service or other service provided by
-                 the cable operator, or
-                    "(II) the nature of any transaction made by the
-                 subscriber over the cable system of the cable operator.
-   "(d) A cable subscriber shall be provided access to all personally
-identifiable information regarding that subscriber which is collected
-and maintained by a cable operator. Such information shall be made
-available to the subscriber at reasonable times and at a convenient
-place designated by such cable operator. A cable subscriber shall be
-provided reasonable opportunity to correct any error in such
-information.
-   "(e) A cable operator shall destroy personally identifiable informa-
-tion if the information is no longer necessary for the purpose for
-which it was collected and there are no pending requests or orders
-for access to such information under subsection (d) or pursuant to a
-court order.
-   "(f)(1) Any person aggrieved by any act of a cable operator in Courts, U.S.
-violation of this section may bring a civil action in a United States
-district court.
-   "(2) The court may award—
-         "(A) actual damages but not less than liquidated damages
-      computed at the rate of $100 a day for each day of violation or
-      $1,000, whichever is higher;
-         "(B) punitive damages; and
-         "(C) reasonable attorneys' fees and other litigation costs rea-
-      sonably incurred.
-   "(3) The remedy provided by this section shall be in addition to
-any other lawful remedy available to a cable subscriber.
-   "(g) Nothing in this title shall be construed to prohibit any State
-or any franchising authority from enacting or enforcing laws con-
-sistent with this section for the protection of subscriber privacy.
-   "(h) A governmental entity may obtain personally identifiable
-information concerning a cable subscriber pursuant to a court order
-only if, in the court proceeding relevant to such court order—
-         "(1) such entity offers clear and convincing evidence that the
-      subject of the information is reasonably suspected of engaging
-      in criminal activity and that the information sought would be
-      material evidence in the case; and
-         "(2) the subject of the information is afforded the opportunity
-      to appear and contest such entity's claim.CONSUMER PROTECTION
-use 552.        "SEC. 632. (a) A franchising authority may require, as part of a
+"(E) the limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (f) and (h) to enforce such limitations. In the case of subscribers who have entered into such an agreement before the effective date of this section, such notice shall be provided within 180 days of such date and at least once a year thereafter.
-                franchise (including a franchise renewal, subject to section 626),
-                provisions for enforcement of—
-                        "(1) customer service requirements of the cable operator; and
-                        "(2) construction schedules and other construction-related re-
-                     quirements of the cable operator.
-                  "(b) A franchising authority may enforce any provision, contained
-                in any franchise, relating to requirements described in paragraph (1)
-                or (2) of subsection (a), to the extent not inconsistent with this title.
-                  "(c) Nothing in this title shall be construed to prohibit any State
-                or any franchising authority from enacting or enforcing any con-
-                sumer protection law, to the extent not inconsistent with this title.
-                              UNAUTHORIZED RECEPTION OF CABLE SERVICE
-use 553.          "SEC. 633. (a)(1) No person shall intercept or receive or assist in
+{{SectionHarm|Section="(2) For purposes of this section, the term 'personally identifiable information' does not include any record of aggregate data which does not identify particular persons. |Harms=Aggregation, Identification}}
-                 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 equip-
-                 ment intended by the manufacturer or distributor (as the case may
-                 be) for unauthorized reception of any communications service of-
-                 fered over a cable system in violation of subparagraph (1).
-erimes and          "(b)(1) Any person who willfully violates subsection (a)(1) shall be
-misdemeanors.   fined not more than $1,000 or imprisoned for not more than 6
-                 months, or both.
-                    "(2) Any person who violates subsection (a)(1) willfully and for
-                 purposes of commercial advantage or private financial gain shall be
-                 fined not more than $25,000 or imprisoned for not more than 1 year,
-                 or both, for the first such offense and shall be fined not more than
-                 $50,000 or imprisoned for not more than 2 years, or both, for any
-                 subsequent offense.
-Courts, U.S.        "(c)(1) Any person aggrieved by any violation of subsection (a)(1)
-                 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 subsec-
-                       tion (a)(1);
-                          "(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 deter-
-                       mining the violator's profits, the party aggrieved shall be re-
-                       quired 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 title 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.
-|*
-|Communication
-|-
-|Communications Decency Act §230 (c), 47 U.S.C. §230
-| (c) Protection for ''Good Samaritan'' blocking and screening of offensive material
- (1) Treatment of publisher or speaker
- No provider or user of an interactive computer service shall be treated as the publisher or speaker of any
-information provided by another information content provider.
-|*
-|Communication
-|-
-|Personal Responsibility and
-Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193
-|SEC. 303. PRIVACY SAFEGUARDS.
-(a) STATE PLAN REQUIREMENT.—Section 454 (42 U.S.C. 654),
-as amended by section 301(b) of this Act, is amended—
-(1) by striking ‘‘and’’ at the end of paragraph (24);
-(2) by striking the period at the end of paragraph (25)
-and inserting ‘‘; and’’; and
-(3) by adding after paragraph (25) the following new paragraph:
-‘‘(26) will have in effect safeguards, applicable to all confidential information handled by the State agency, that are
-designed to protect the privacy rights of the parties, including—
-‘‘(A) safeguards against unauthorized use or disclosure
-of information relating to proceedings or actions to establish
-paternity, or to establish or enforce support;
-‘‘(B) prohibitions against the release of information
-on the whereabouts of 1 party to another party against
-whom a protective order with respect to the former party
-has been entered; and
-‘‘(C) prohibitions against the release of information
-on the whereabouts of 1 party to another party if the
-State has reason to believe that the release of the information may result in physical or emotional harm to the former
-party.’’.SEC. 303. PRIVACY SAFEGUARDS.
-(a) STATE PLAN REQUIREMENT.—Section 454 (42 U.S.C. 654),
-as amended by section 301(b) of this Act, is amended—
-(1) by striking ‘‘and’’ at the end of paragraph (24);
-(2) by striking the period at the end of paragraph (25)
-and inserting ‘‘; and’’; and
-(3) by adding after paragraph (25) the following new paragraph:
-‘‘(26) will have in effect safeguards, applicable to all confidential information handled by the State agency, that are
-designed to protect the privacy rights of the parties, including—
-‘‘(A) safeguards against unauthorized use or disclosure
-of information relating to proceedings or actions to establish
-paternity, or to establish or enforce support;
-‘‘(B) prohibitions against the release of information
-on the whereabouts of 1 party to another party against
-whom a protective order with respect to the former party
-has been entered; and
-‘‘(C) prohibitions against the release of information
-on the whereabouts of 1 party to another party if the
-State has reason to believe that the release of the information may result in physical or emotional harm to the former
-party.’’.‘(1) ADMINISTRATIVE ACTION BY STATE AGENCY.—Procedures
-which give the State agency the authority to take the following
-actions relating to establishment of paternity or to establishment, modification, or enforcement of support orders, without
-the necessity of obtaining an order from any other judicial
-or administrative tribunal, and to recognize and enforce the
-authority of State agencies of other States to take the following
-actions:
-‘‘(A) GENETIC TESTING.—To order genetic testing for
-the purpose of paternity establishment as provided in section 466(a)(5).
-‘‘(B) FINANCIAL OR OTHER INFORMATION.—To subpoena
-any financial or other information needed to establish,
-modify, or enforce a support order, and to impose penalties
-for failure to respond to such a subpoena.
-‘‘(C) RESPONSE TO STATE AGENCY REQUEST.—To require
-all entities in the State (including for-profit, nonprofit,
-and governmental employers) to provide promptly, in
-response to a request by the State agency of that or any
-other State administering a program under this part,
-information on the employment, compensation, and benefits
-of any individual employed by such entity as an employee
-or contractor, and to sanction failure to respond to any
-such request.
-‘‘(D) ACCESS TO INFORMATION CONTAINED IN CERTAIN
-RECORDS.—To obtain access, subject to safeguards on privacy and information security, and subject to the nonliability of entities that afford such access under this subparagraph, to information contained in the following records
-(including automated access, in the case of records maintained in automated data bases):
-‘‘(i) Records of other State and local government
-agencies, including—
-‘‘(I) vital statistics (including records of marriage, birth, and divorce);
-‘‘(II) State and local tax and revenue records
-(including information on residence address,
-employer, income and assets);
-‘‘(III) records concerning real and titled personal property;
-‘‘(IV) records of occupational and professional
-licenses, and records concerning the ownership and
-control of corporations, partnerships, and other
-business entities;
-‘‘(V) employment security records;‘(VI) records of agencies administering public
-assistance programs;
-‘‘(VII) records of the motor vehicle department; and
-‘‘(VIII) corrections records.
-‘‘(ii) Certain records held by private entities with
-respect to individuals who owe or are owed support
-(or against or with respect to whom a support obligation is sought), consisting of—
-‘‘(I) the names and addresses of such individuals and the names and addresses of the
-employers of such individuals, as appearing in customer records of public utilities and cable television companies, pursuant to an administrative
-subpoena authorized by subparagraph (B); and
-‘‘(II) information (including information on
-assets and liabilities) on such individuals held by
-financial institutions.‘‘(A) LOCATOR INFORMATION; PRESUMPTIONS CONCERNING NOTICE.—Procedures under which—
-‘‘(i) each party to any paternity or child support
-proceeding is required (subject to privacy safeguards)
-to file with the tribunal and the State case registry
-upon entry of an order, and to update as appropriate,
-information on location and identity of the party,
-including Social Security number, residential and mailing addresses, telephone number, driver’s license number, and name, address, and telephone number of
-employer; and
-‘‘(ii) in any subsequent child support enforcement
-action between the parties, upon sufficient showing
-that diligent effort has been made to ascertain the
-location of such a party, the tribunal may deem State
-due process requirements for notice and service of process to be met with respect to the party, upon delivery
-of written notice to the most recent residential or
-employer address filed with the tribunal pursuant to
-clause (i).
-Sec. 822:(4) PRIVACY.—The State agency shall provide safeguards
-to restrict the use of information collected by a State agency
-administering the program established under part D of title
-IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes
-for which the information is collected.’’.
-'''Related harms under the Solove Taxonomy:'''
+{{SectionHarm|Section="(b)(1) Except as provided in paragraph (2), a cable operator shall not use the cable system to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. |Harms=Aggregation, Exclusion}}
-'''Scope of the Law''' ''Customer Service, Cable Operator, Customer, Cable Service, Individual''
+{{SectionHarm|Section="(2) A cable operator may use the cable system to collect such information in order to— |Harms=Secondary Use}}
+"(A) obtain information necessary to render a cable service or other service provided by the cable operator to the subscriber; or
+{{SectionHarm|Section="(B) detect unauthorized reception of cable communications. |Harms=Insecurity}}
+{{SectionHarm|Section="(c)(1) Except as provided in paragraph (2), a cable operator shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.|Harms=Exclusion, Disclosure}}
+(2) A cable operator may disclose such information if the disclosure is
+"(A) necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided by the cable operator to the subscriber;
+"(B) subject to subsection (h), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or
+"(C) a disclosure of the names and addresses of subscribers to any cable service or other service, if—
+"(i) the cable operator has provided the subscriber the opportunity to prohibit or limit such disclosure, and "(ii) the disclosure does not reveal, directly or indirectly, the—
+"(I) extent of any viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or
+"(II) the nature of any transaction made by the subscriber over the cable system of the cable operator.
+"(d) A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such cable operator. A cable subscriber shall be provided reasonable opportunity to correct any error in such information.
+"(e) A cable operator shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (d) or pursuant to a court order.
+"(f)(1) Any person aggrieved by any act of a cable operator in Courts, U.S. violation of this section may bring a civil action in a United States district court.
+"(2) The court may award—
+"(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;
+"(B) punitive damages; and
+"(C) reasonable attorneys' fees and other litigation costs reasonably incurred.
+"(3) The remedy provided by this section shall be in addition to any other lawful remedy available to a cable subscriber.
+"(g) Nothing in this title shall be construed to prohibit any State or any franchising authority from enacting or enforcing laws con- sistent with this section for the protection of subscriber privacy.
+"(h) A governmental entity may obtain personally identifiable information concerning a cable subscriber pursuant to a court order only if, in the court proceeding relevant to such court order—
+"(1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and
+"(2) the subject of the information is afforded the opportunity to appear and contest such entity's claim.
+"SEC. 632. (a) A franchising authority may require, as part of a franchise (including a franchise renewal, subject to section 626), provisions for enforcement of—
+"(1) customer service requirements of the cable operator; and
+"(2) construction schedules and other construction-related requirements of the cable operator.
+"(b) A franchising authority may enforce any provision, contained in any franchise, relating to requirements described in paragraph (1) or (2) of subsection (a), to the extent not inconsistent with this title.
+"(c) Nothing in this title shall be construed to prohibit any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not inconsistent with this title.
+"SEC. 633. (a)(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). crimes and
+"(b)(1) Any person who willfully violates subsection (a)(1) shall be misdemeanors.fined not more than $1,000 or imprisoned for not more than 6 months, or both.
+"(2) Any person who violates subsection (a)(1) willfully and for purposes of commercial advantage or private financial gain shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for any subsequent offense.
+"(c)(1) Any person aggrieved by any violation of subsection (a)(1) 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
+"(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) "(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
+"(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 title 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.
+}}