(a) Unauthorized Interception or Receipt or Assistance in Intercepting or Receiving Service; Definition of ‘Assist in Intercepting or Receiving.’

(1) No person shall intercept or receive or assist in intercepting or receiving any communications service offered over a cable system, unless specifically authorized to do so by a cable operator or as may otherwise be specifically authorized by law.

(2) For the purpose of this Section, the term ‘assist in intercepting or receiving’ shall include the manufacture or distribution of equipment intended by the manufacturer or distributor (as the case may be) for unauthorized reception of any communications service offered over a cable system in violation of Subparagraph (1).

(b) Civil Action in Superior Court; Injunctions; Damages; Attorney’s Fees and Costs.

(1) Any person aggrieved by any violation of Subsection
(a)(1) may bring a civil action in the Superior Court of Guam. (2) The court may:
(A) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of Subsection (a)(1);

and
(B) award damages as described in paragraph (3);

(C) direct the recovery of full costs, including
awarding reasonable attorney’s fees to an aggrieved party who prevails.

(3)(A) Damages awarded by any court under this Section shall be computed in accordance with either of the following clauses:

(i) the party aggrieved may recover the actual damages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in determining the violator’s profits, the party aggrieved shall be required to prove only the violator’s gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; or

(ii) the party aggrieved may recover an award of statutory damages for all violations involved in the action, in the sum of the dollar value of the services stolen, but in no event should the award exceed Ten Thousand Dollars ($10,000.00).

(B) In any case in which the court finds that the violation was committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory under Subparagraph (A), by an amount of not more than Fifty Thousand Dollars ($50,000.00).

(C) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this Section, the court in its discretion may reduce the award of damages to a sum of not less than One Hundred Dollars ($100.00).

SOURCE: Added by P.L. 27-131:4 (Dec. 30, 2004).
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ARTICLE 7
SOCIAL SECURITY NUMBER CONFIDENTIALITY ACT

SOURCE: This entire article was added by P.L. 28-095 (Feb. 7,
2006) with the effective date of May 1, 2006.