1061
Unlawful Access to Stored Communications18
U.S.C.
§ 2701
|
The 1986 Act added new statutory provisions, 18 U.S.C. §§
2701
to 2710, to protect the privacy of stored electronic communications, either
before such a communication is transmitted to the recipient, or, if a copy
of the
message is kept, after it is delivered. These provisions focus on
technologies
such as electronic mail and computer transmissions, where copies of the
messages
are kept. Electronic storage is defined in 18 U.S.C. § 2510(17) as
both
any
temporary, intermediate storage of a wire or electronic communication
incidental
to the electronic transmission thereof and the storage of such communication
by
an electronic communication service for purposes of backup protection of
such
communication.
Section 2701 of Title 18 makes it an offense to either (a)
intentionally access, without authorization, a facility through which an
electronic communication service is provided; or (b) intentionally exceed
the
authorization of such facility; and as a result of this conduct, obtain,
alter
or prevent authorized access to a wire or electronic communication while it
is
in electronic storage in such a system. 18 U.S.C. § 2701(a). This
section
covers "electronic mail" service, which permits a sender to transmit a
digital
message to the service's facility, where it is held in storage until the
addressee requests it, U.S.C. § 2701, as well as "voice mail"
service.
This provision is intended to address "computer hackers" and
corporate
spies. The provision is not intended to criminalize access to "electronic
bulletin boards," which are generally open to the public. A communication
will
be found to be readily accessible to the general public if the telephone
number
of the system and other means of access are widely known, and if a person
does
not, in the course of gaining access, encounter any warnings, encryptions,
password requests, or other indicia of intended privacy. To access a
communication on such a system is not a violation of the law. 18 U.S.C.
§
2701(a).
If a violation of 18 U.S.C. § 2701(a) was committed for
commercial
advantage, malicious destruction or damage, or private financial gain, the
violator could receive up to a year in prison and a fine as provided by
Title 18,
United States Code, for the first offense and up to two years imprisonment
and
a fine as provided by Title 18 for a second or subsequent offense. In all
other
cases, a jail term of up to six months and a fine under Title 18 could be
imposed. 18 U.S.C. § 2701(b)(2).
[cited in USAM 9-60.200] | |