86-2,110 Electronic communication service; remote computing service; civil action authorized; damages; limitation. - Nebraska Statutes

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Statutes > Nebraska > Chapter86 > 86-2_110

86-2,110. Electronic communication service; remote computing service; civil action authorized; damages; limitation.(1) Except as provided in subsection (5) of section 86-2,106, any provider, subscriber, or customer aggrieved by any violation of sections 86-2,104 to 86-2,110 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as may be appropriate.(2) In a civil action under this section, appropriate relief includes:(a) Such preliminary and other equitable or declaratory relief as may be appropriate;(b) Damages under subsection (3) of this section; and(c) Reasonable attorney's fees and other litigation costs reasonably incurred.(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of one thousand dollars.(4) A good faith reliance on (a) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, (b) a request of an investigative or law enforcement officer under section 86-293, or (c) a good faith determination that section 86-290 permitted the conduct complained of shall be a complete defense to any civil or criminal action brought under sections 86-2,104 to 86-2,110.(5) A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation. SourceLaws 1988, LB 899, § 21; R.S.1943, (1999), § 86-707.15; Laws 2002, LB 1105, § 172.

State Codes and Statutes

Statutes > Nebraska > Chapter86 > 86-2_110

86-2,110. Electronic communication service; remote computing service; civil action authorized; damages; limitation.(1) Except as provided in subsection (5) of section 86-2,106, any provider, subscriber, or customer aggrieved by any violation of sections 86-2,104 to 86-2,110 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as may be appropriate.(2) In a civil action under this section, appropriate relief includes:(a) Such preliminary and other equitable or declaratory relief as may be appropriate;(b) Damages under subsection (3) of this section; and(c) Reasonable attorney's fees and other litigation costs reasonably incurred.(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of one thousand dollars.(4) A good faith reliance on (a) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, (b) a request of an investigative or law enforcement officer under section 86-293, or (c) a good faith determination that section 86-290 permitted the conduct complained of shall be a complete defense to any civil or criminal action brought under sections 86-2,104 to 86-2,110.(5) A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation. SourceLaws 1988, LB 899, § 21; R.S.1943, (1999), § 86-707.15; Laws 2002, LB 1105, § 172.

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State Codes and Statutes

Statutes > Nebraska > Chapter86 > 86-2_110

86-2,110. Electronic communication service; remote computing service; civil action authorized; damages; limitation.(1) Except as provided in subsection (5) of section 86-2,106, any provider, subscriber, or customer aggrieved by any violation of sections 86-2,104 to 86-2,110 in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in that violation such relief as may be appropriate.(2) In a civil action under this section, appropriate relief includes:(a) Such preliminary and other equitable or declaratory relief as may be appropriate;(b) Damages under subsection (3) of this section; and(c) Reasonable attorney's fees and other litigation costs reasonably incurred.(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of one thousand dollars.(4) A good faith reliance on (a) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, (b) a request of an investigative or law enforcement officer under section 86-293, or (c) a good faith determination that section 86-290 permitted the conduct complained of shall be a complete defense to any civil or criminal action brought under sections 86-2,104 to 86-2,110.(5) A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation. SourceLaws 1988, LB 899, § 21; R.S.1943, (1999), § 86-707.15; Laws 2002, LB 1105, § 172.