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50 USC § 1828 - Civil liability

---
identifier: "/us/usc/t50/s1828"
source: "usc"
legal_status: "official_prima_facie"
title: "50 USC § 1828 - Civil liability"
title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
section_number: "1828"
section_name: "Civil liability"
chapter_number: 36
chapter_name: "FOREIGN INTELLIGENCE SURVEILLANCE"
subchapter_number: "II"
subchapter_name: "PHYSICAL SEARCHES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 95–511, title III, § 308, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)"
---

# § 1828. Civil liability

An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A), respectively, of this title, whose premises, property, information, or material has been subjected to a physical search within the United States or about whom information obtained by such a physical search has been disclosed or used in violation of section 1827 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—

**(1)** actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;

**(2)** punitive damages; and

**(3)** reasonable attorney’s fees and other investigative and litigation costs reasonably incurred.

---

**Source Credit**: (Pub. L. 95–511, title III, § 308, as added Pub. L. 103–359, title VIII, § 807(a)(3), Oct. 14, 1994, 108 Stat. 3452.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 90 days after , with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see , set out as a note under .