karn (05/10/82)
H.R. 4727: To amend the Communications Act of 1934 to establish penalties for violations of section 605 of such Act. IN THE HOUSE OF REPRESENTATIVES October 7, 1981 Mr. Waxman (for himself and Mr. Wirth) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to establish penalties for violations of section 605 of such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 605 of the Communications Act of 1934 (47 USC 605) is amended by inserting "(a)" after the section designation, and by adding at the end thereof the following new subsections: "(b)(1) Any court having jurisdiction of a civil action under this section may grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a). "(2) Any person who violates the provisions of subsection (a) shall be liable to any person aggrieved by such violation, for damages as provided by subsection (c). "(3) In any civil action under this section, the court in its discretion may allow the recovery of full costs by or against any party. The court also may award reasonable attorney fees to the prevailing party as part of the costs. "(4) Any civil action under this section may be commenced in any United States district court of competent jurisdiction, without regard to the amount in controversy, or in any other court of competent jurisdiction. "(c)(1)(A) Damages awarded under subsection (b)(2) shall be computed in accordance with subparagraph (B) or subparagraph (C). "(B) The party aggrieved is entitled to recover the actual damages suffered by him as a result of the violation, and any profits of the person committing the violation that are attributable to the violation and are not taken into account in computing the actual damages. In establishing such profits, the party aggrieved is required to present proof only of the gross revenue of the person committing the violation, and such person is required to prove his deductible expenses and the elements of profit attributable to factors other than the violation. "(C) The party aggrieved may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits under subparagraph (B), 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. "(2) In a case where the party aggrieved sustains the burden of proving, and the court finds, that the violation of subsection (a) 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 paragraph (1), by an amount of not more than $50,000. In a case where the person committing a violation sustains the burden of proving, and the court finds, that such person was not aware and had no reason to believe that his acts constituted a violation of subsection (a), the court in its discretion may reduce the award of damages to a sum of not less than $100. "(d)(1) Any person who violates subsection (a) willfully shall be fined not more than $1,000 or imprisoned for not more than six months, or both. "(2) Any person who violates subsection (a) 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 one year, or both, for the first such offense, and shall be fined not more than $50,000 or imprisoned for not more than two years, or both, for any subsequent offense. "(e)(1) No criminal proceeding shall be maintained under the provisions of this section unless it is commenced not later than three years after the cause of action arises. "(2) No civil action shall be maintained under the provisions of this section unless it is commenced not later than three years after the claim accrues."