Page:United States Statutes at Large Volume 100 Part 3.djvu/52

 100 STAT. 1860

PUBLIC LAW 99-508—OCT. 21, 1986

TITLE II—STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS SEC. 201. TITLE 18 AMENDMENT.

Title 18, United States Code, is amended by inserting after chapter 119 the following:

"CHAPTER 121—STORED WIRE AND ELECTRONIC c^ - I COMMUNICATIONS i AND TRANSACTIONAL J RECORDS ACCESS "Sec. "2701. Unlawful access to stored communications. "2702. Disclosure of contents. "2703. Requirements for governmental access. "2704. Backup preservation. "2705. Delayed notice. • / "2706. Cost reimbursement. > "2707. Civil action. ., "2708. Exclusivity of remedies. "2709. Counterintelligence access to telephone toll and transactional records. "2710. Definitions.

18 USC 2701.

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18 USC 2702.

"§ 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 O> of this section. t) "(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 of not more than $250,000 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 of not more than $5,000 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. "§ 2702. Disclosure of contents "(a) PROHIBITIONS.—Except as provided in subsection (b)—

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