18 U.S.C. § 2701 – Unlawful Access to Stored Communications
This law makes it a federal crime to access stored electronic communications without authorization or beyond authorized access.
This statute targets unauthorized access to facilities through which electronic communication services are provided.
It applies to conduct that results in obtaining, altering, or preventing authorized access to wire or electronic communications while those communications are in electronic storage.
What the law prohibits.
A person violates this statute if they intentionally:
- Access without authorization a facility through which an electronic communication service is provided and thereby obtain, alter, or prevent authorized access to a wire or electronic communication while it is in electronic storage
- Exceed authorized access to such a facility and thereby obtain, alter, or prevent authorized access to a wire or electronic communication while it is in electronic storage
Penalties.
If the offense is committed for purposes of commercial advantage, malicious destruction or damage, private commercial gain, or in furtherance of any criminal or tortious act, the penalty is a fine under this title or imprisonment for not more than five years, or both, for a first offense, and a fine under this title or imprisonment for not more than ten years, or both, for a subsequent offense.
In any other case, the penalty is a fine under this title or imprisonment for not more than one year, or both, for a first offense, and a fine under this title or imprisonment for not more than five years, or both, for an offense that occurs after a prior conviction under this section.
If you’re being investigated or charged under a federal stored communications statute, call (314) 900-HELP or contact our criminal defense attorneys to discuss next steps.
