PIRACY OF SATELLITE CABLE PROGRAMMING.

SEC. 205. PIRACY OF SATELLITE CABLE PROGRAMMING. Section 705 of the Communications Act of 1934 (47 U.S.C. 605) is amended— (1) in subsection (c)— (A) by striking “and” at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting “; and”, and (C) by adding at the end the following: “(6) the term ‘any person aggrieved’ shall include any person with proprietary rights in the intercepted communication by wire or radio, including wholesale or retail distributors of satellite cable programming, and, in the case of a violation of paragraph (4) of subsection (d), shall also include any person engaged in the lawful manufacture, distribution, or sale of equipment necessary to authorize or receive satellite cable programming.”; (2) in subsection (d)(1), by striking “$1,000” and inserting “$2,000”; (3) in paragraph (2) of subsection (d), by striking “$25,000” and all that follows through the end of that paragraph and inserting “$50,000 or imprisoned for not more than 2 years, or both, for the first such conviction and shall be fined not more than $100,000 or imprisoned for not more than 5 years, or both, for any subsequent conviction.”; (4) in subsection (d)(3)(A), by inserting “or paragraph (4) of subsection (d)” immediately after “subsection (a)”; (5) in subsection (d)(3)(B) by striking “may” the first time it appears; (6) in subsection (d)(3)(B)(i), by inserting “may” immediately before “grant”; (7) in subsection (d)(3)(B)(ii), by inserting “may” immediately before “award”; (8) in subsection (d)(3)(B)(iii), by inserting “shall” immediately before “direct”; (9) in subsection (d)(3)(C)(i)(II)— (A) by inserting “of subsection (a)” immediately after “violation”; (B) by striking “$250” and inserting “$1,000”; and 102 STAT. 3960 (C) by inserting immediately before the period the following: “, and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000, or more than $100,000, as the court considers just”; (10) in subsection (d)(3)(C)(ii), by striking “$50,000” and inserting “$100,000 for each violation of subsection (a)”; (11) in subsection (d)(3)(C)(iii), by striking “$100” and inserting “$250”; and (12) by striking paragraph (4) of subsection (d) and inserting the following: “(4) Any person who manufactures, assembles, modifies, imports, exports, sells, or distributes any electronic, mechanical, or other device or equipment, knowing or having reason to know that the device or equipment is primarily of assistance in the unauthorized decryption of satellite cable programming, or is intended for any other activity prohibited by subsection (a), shall be fined not more than $500,000 for each violation, or imprisoned for not more than 5 years for each violation, or both. For purposes of all penalties and remedies established for violations of this paragraph, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation.”.