§2701 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime to knowingly get into or use a computer or service that carries electronic messages without permission, or to go beyond the access you were given. If the access is for commercial gain, to damage systems, or to help another crime, a first conviction can bring a fine and up to 5 years in prison; a later conviction can bring a fine and up to 10 years. Other unauthorized access can bring a fine and up to 1 year for a first offense, and up to 5 years if it happens after a previous conviction under this section. It is not illegal if the service provider allows it, if a user accesses a message meant for them, or if the access is allowed under sections 2703, 2704, or 2518.

Title 18, §2701

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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;

(b)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (b)(1). Pub. L. 107–296, § 2207(j)(2)(A), formerly § 225(j)(2)(A), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), 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, § 2207(j)(2)(B), formerly § 225(j)(2)(B), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), substituted “5 years” for “one year”. Subsec. (b)(1)(B). Pub. L. 107–296, § 2207(j)(2)(C), formerly § 225(j)(2)(C), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), substituted “10 years” for “two years”. Subsec. (b)(2). Pub. L. 107–296, § 2207(j)(2)(D), formerly § 225(j)(2)(D), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), 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, § 330016(1)(U), substituted “under this title” for “not more than $250,000”. Subsec. (b)(2). Pub. L. 103–322, § 330016(1)(K), substituted “under this title” for “not more than $5,000”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment 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

Pub. L. 99–508, title II, § 202, Oct. 21, 1986, 100 Stat. 1868, 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, § 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’.”

Short Title

This chapter is popularly known as the “Stored Communications Act”.

§2701 Unlawful access to stored communications

Summary

Title 18, §2701

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Short Title

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Citations & Metadata