5741 - Unlawful access to stored communications.
SUBCHAPTER C STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS Sec. 5741. Unlawful access to stored communications. 5742. Disclosure of contents and records. 5743. Requirements for governmental access. 5744. Backup preservation. 5745. Delayed notice. 5746. Cost reimbursement. 5747. Civil action. 5748. Exclusivity of remedies. 5749. Retention of certain records. Enactment. Subchapter C was added October 21, 1988, P.L.1000, No.115, effective immediately. § 5741. Unlawful access to stored communications. (a) Offense.--Except as provided in subsection (c), it is an offense to obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage by intentionally: (1) accessing without authorization a facility through which an electronic communication service is provided; or (2) exceeding the scope of one's authorization to access the facility. (b) Penalty.-- (1) If the offense is committed for the purpose of commercial advantage, malicious destruction or damage, or private commercial gain, the offender shall be subject to: (i) a fine of not more than $250,000 or imprisonment for not more than one year, or both, in the case of a first offense; or (ii) a fine of not more than $250,000 or imprisonment for not more than two years, or both, for any subsequent offense. (2) In any other case, the offender shall be subject to a fine of not more than $5,000 or imprisonment for not more than six months, or both. (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 communication service; (2) by a user of that service with respect to a communication of or intended for that user; or (3) in section 5743 (relating to requirements for governmental access) or 5744 (relating to backup preservation).