H.R. 10606

FLAFO Act

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Sec. 4. Prohibition on providing law enforcement access

(a) Criminal penalty. Whoever, being the operator of a covered system, in or affecting interstate or foreign commerce, knowingly provides a Federal agency with access to a covered system, or with any information obtained pursuant to a covered system, except in accordance with this Act, shall be imprisoned not more than 5 years, fined under title 18, United States Code, or both.

(b) Civil penalty. Whoever violates subsection (a) shall be subject to a civil penalty in an amount not more than $100,000.

(c) Private right of action. Any person aggrieved by a violation of this section may bring a civil action in an appropriate United States district court and may recover damages, attorney’s fees and costs, and declaratory or injunctive relief, as determined appropriate by the court.