§ 2701. — Unlawful access to stored communications.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2701]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL
RECORDS ACCESS
Sec. 2701. Unlawful access to stored communications
(a) Offense.--Except as provided in subsection (c) of this section
whoever--
(1) intentionally accesses without authorization a facility
through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that
facility;
and thereby obtains, alters, or prevents authorized access to a wire or
electronic communication while it is in electronic storage in such
system shall be punished as provided in subsection (b) of this section.
(b) Punishment.--The punishment for an offense under subsection (a)
of this section is--
(1) if the offense is committed for purposes of commercial
advantage, malicious destruction or damage, or private commercial
gain, or in furtherance of any criminal or tortious act in violation
of the Constitution or laws of the United States or any State--
(A) a fine under this title or imprisonment for not more
than 5 years, or both, in the case of a first offense under this
subparagraph; and
(B) a fine under this title or imprisonment for not more
than 10 years, or both, for any subsequent offense under this
subparagraph; and
(2) in any other case--
(A) a fine under this title or imprisonment for not more
than 1 year or both, in the case of a first offense under this
paragraph; and
(B) a fine under this title or imprisonment for not more
than 5 years, or both, in the case of an offense under this
subparagraph that occurs after a conviction of another offense
under this section.
(c) Exceptions.--Subsection (a) of this section does not apply with
respect to conduct authorized--
(1) by the person or entity providing a wire or electronic
communications service;
(2) by a user of that service with respect to a communication of
or intended for that user; or
(3) in section 2703, 2704 or 2518 of this title.
(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat.
1860; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (U),
Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104-294, title VI,
Sec. 601(a)(3), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-296, title
II, Sec. 225(j)(2), Nov. 25, 2002, 116 Stat. 2158.)
Amendments
2002--Subsec. (b)(1). Pub. L. 107-296, Sec. 225(j)(2)(A), in
introductory provisions, inserted ``, or in furtherance of any criminal
or tortious act in violation of the Constitution or laws of the United
States or any State'' after ``commercial gain''.
Subsec. (b)(1)(A). Pub. L. 107-296, Sec. 225(j)(2)(B), substituted
``5 years'' for ``one year''.
Subsec. (b)(1)(B). Pub. L. 107-296, Sec. 225(j)(2)(C), substituted
``10 years'' for ``two years''.
Subsec. (b)(2). Pub. L. 107-296, Sec. 225(j)(2)(D), added par. (2)
and struck out former par. (2) which read as follows: ``a fine under
this title or imprisonment for not more than six months, or both, in any
other case.''
1996--Subsec. (b)(1)(A), (2). Pub. L. 104-294 substituted ``fine
under this title'' for ``fine of under this title''.
1994--Subsec. (b)(1)(A). Pub. L. 103-322, Sec. 330016(1)(U),
substituted ``under this title'' for ``not more than $250,000''.
Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(K), substituted
``under this title'' for ``not more than $5,000''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Effective Date
Section 202 of title II of Pub. L. 99-508 provided that: ``This
title and the amendments made by this title [enacting this chapter]
shall take effect ninety days after the date of the enactment of this
Act [Oct. 21, 1986] and shall, in the case of conduct pursuant to a
court order or extension, apply only with respect to court orders or
extensions made after this title takes effect.''
Short Title of 1988 Amendment
Pub. L. 100-618, Sec. 1, Nov. 5, 1988, 102 Stat. 3195, provided
that: ``This Act [enacting section 2710 of this title and renumbering
former section 2710 as 2711 of this title] may be cited as the `Video
Privacy Protection Act of 1988'.''
