Section 1204. Criminal offenses and penalties [5]

(a) In General. Any person who violates section 1201 or 1202 willfully
and for purposes of commercial advantage or private financial gain-

(1) shall be fined not more than $500,000 or imprisoned for not more
than 5 years, or both, for the first offense; and

(2) shall be fined not more than $1,000,000 or imprisoned for not more
than 10 years, or both, for any subsequent offense.

(b) Limitation for Nonprofit Library, Archives, Educational Institution,
or Public Broadcasting Entity. Subsection (a) shall not apply to a
nonprofit library, archives, educational institution, or public
broadcasting entity (as defined under section 118(g)).

(c) Statute of Limitations. No criminal proceeding shall be brought
under this section unless such proceeding is commenced within five years
after the cause of action arose.

Section 1205. Savings clause

Nothing in this chapter abrogates, diminishes, or weakens the provisions
of, nor provides any defense or element of mitigation in a criminal
prosecution or civil action under, any Federal or State law that
prevents the violation of the privacy of an individual in connection
with the individual's use of the Internet.

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Chapter 12 Endnotes

1 The WIPO Copyright and Performances and Phonograms Treaties
Implementation Act of 1998 added chapter 12, entitled "Copyright
Protection and Management Systems," to title 17. Pub. L. No. 105-304,
112 Stat. 2860, 2863. The WIPO Copyright and Performances and Phonograms
Treaties Implementation Act of 1998 is title I of the Digital Millennium
Copyright Act. Pub. L. No. 105-304, 112 Stat. 2860.

2 The Satellite Home Viewer Improvement Act of 1999 amended section
1201(a)(1)(C) by deleting "on the record." Pub. L. No. 106-113, 113
Stat. 1501, app. I at 1501A-594.

3 In 1999, section 1202 was amended by inserting "category of works"
for "category or works," in subsection (e)(2)(B). Pub. L. No. 106-44,
113 Stat. 221, 222.

4 The Satellite Home Viewer Improvement Act of 1999 amended section
1203(c)(5)(B) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app.
I at 1501A-593.

5 The Satellite Home Viewer Improvement Act of 1999 amended section
1204(b) in its entirety. Pub. L. No. 106-113, 113 Stat. 1501, app. I at
1501A-593.

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Chapter 13 [1]

Protection of Original Designs

+ 1301.