US Code as of: 01/26/98
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 -
- (A)
a fine under this title or imprisonment for not more than
one year, 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
two years, or both, for any subsequent offense under this
subparagraph; and
- (2)
a fine under this title or imprisonment for not more than
six months, or both, in any other case.
- (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.
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