Enforcement by the Attorney General of the United States

(a) Civil action The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates section 3(a). (b) Powers of the court In a civil action brought under subsection (a), the court— (1) may grant a temporary or permanent injunction on such terms as the court determines reasonable to prevent or restrain a violation of section 3(a), but may not impose a prior restraint on free speech or the press protected under the First Amendment to the Constitution of the United States; (2) at any time while the civil action is pending, may order the impounding, on such terms as the court determines reasonable, of any device or product that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of section 3(a); (3) may award damages under subsection (c); (4) in its discretion, may allow the recovery of costs against any party other than the United States or an officer thereof; and (5) may, as part of a final judgment or decree finding a violation of section 3(a), order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or that has been impounded under paragraph (2) of this subsection. (c) Award of damages (1) In general Except as otherwise provided in this section, a person committing a violation of section 3(a) is liable for statutory damages as provided in paragraph (2) of this subsection. (2) Statutory damages (A) Election of amount based on number of acts of circumvention At any time before final judgment is entered in a civil action brought under subsection (a), the Attorney General may elect to recover an award of statutory damages for each violation of section 3(a) in the sum of not more than $2,500 per act of circumvention, device, product, component, offer, or performance of service, as the court considers just. (B) Election of amount; total amount At any time before final judgment is entered in a civil action brought under subsection (a), the Attorney General may elect to recover an award of statutory damages for each violation of section 3(a) in the sum of not more than $25,000. (3) Repeated violations In a civil action brought under subsection (a), if the Attorney General sustains the burden of proving, and the court finds, that a person has violated section 3(a) within 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just. (4) Innocent violations (A) In general The court, in its discretion, may reduce or remit the total award of damages under paragraph (2) if the court finds that the violator was not aware and had no reason to believe that the violator’s acts constituted a violation. (B) Nonprofit libraries, archives, educational institutions, and public broadcasting entities In the case of a nonprofit library, archive, educational institution, or public broadcasting entity (as defined in section 118(f) of title 17, United States Code), the court shall remit damages under paragraph (2) if the library, archive, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archive, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation. (5) Duplicative awards No compensatory damages may be awarded under this section if compensatory damages have been awarded under section 5 or 6 against the same defendant for the same conduct.