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CMU ISR 08732 - Unlawful access to stored communications

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UNITED STATES CODE ANNOTATEDTITLE 18. CRIMES AND CRIMINAL PROCEDUREPART I--CRIMESCHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS ANDTRANSACTIONALRECORDS ACCESS§ 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 electroniccommunication 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 inelectronic storage in such system shall be punished as provided in subsection (b) of this section.(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 ordamage, or private commercial gain, or in furtherance of any criminal or tortious act inviolation 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 thecase of a first offense under this subparagraph; and(B) a fine under this title or imprisonment for not more than 10 years, or both, forany 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 thecase 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 thecase of an offense under this subparagraph that occurs after a conviction of anotheroffense under this section.(c) Exceptions.--Subsection (a) of this section does not apply with respect to conduct authorized--Page1of1618 U.S.C. 2701. Unlawful Access to Stored Communications12/2/2007http://www.usdoj.gov/criminal/cybercrime/ECPA2701_2712.htm(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. Voluntary disclosure of customer communications or records(a) Prohibitions.--Except as provided in subsection (b)--(1) a person or entity providing an electronic communication service to the public shall notknowingly divulge to any person or entity the contents of a communication while in electronicstorage by that service; and(2) a person or entity providing remote computing service to the public shall not knowinglydivulge to any person or entity the contents of any communication which is carried ormaintained on that service--(A) on behalf of, and received by means of electronic transmission from (or createdby means of computer processing of communications received by means ofelectronic transmission from), a subscriber or customer of such service;(B) solely for the purpose of providing storage or computer processing services tosuch subscriber or customer, if the provider is not authorized to access the contentsof any such communications for purposes of providing any services other thanstorage or computer processing; and(3) a provider of remote computing service or electronic communication service to the publicshall not knowingly divulge a record or other information pertaining to a subscriber to orcustomer of such service (not including the contents of communications covered by paragraph(1) or (2)) to any governmental entity.(b) Exceptions for disclosure of communications.-- A provider described in subsection (a) may divulgethe contents of a communication--(1) to an addressee or intended recipient of such communication or an agent of such addresseeor intended recipient;(2) as otherwise authorized in section 2517, 2511(2)(a), or 2703 of this title;(3) with the lawful consent of the originator or an addressee or intended recipient of suchcommunication, or the subscriber in the case of remote computing service;(4) to a person employed or authorized or whose facilities are used to forward suchcommunication to its destination;(5) as may be necessarily incident to the rendition of the service or to the protection of therights or property of the provider of that service;Page2of1618 U.S.C. 2701. Unlawful Access to Stored Communications12/2/2007http://www.usdoj.gov/criminal/cybercrime/ECPA2701_2712.htm(6)to the National Center for Missing and Exploited Children, in connection with a reportsubmitted thereto under section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.13032);(7) to a law enforcement agency--(A) if the contents--(i) were inadvertently obtained by the service provider; and(ii) appear to pertain to the commission of a crime; or[(B) Repealed. Pub.L. 108-27, Title V, § 508(b)(1)(A), April 30, 2003,117 Stat. 650][(C) Repealed. Pub.L. 107-296, Title II, § 225(d)(1)(C), Nov. 25,2002, 116 Stat. 2157](8) to a Federal, State, or local governmental entity, if the provider, in good faith, believes thatan emergency involving danger of death or serious physical injury to any person requiresdisclosure without delay of communications relating to the emergency.(c) Exceptions for disclosure of customer records.--A provider described in subsection (a) may divulge arecord or other information pertaining to a subscriber to or customer of such service (not including thecontents of communications covered by subsection (a)(1) or (a)(2))--(1) as otherwise authorized in section 2703;(2) with the lawful consent of the customer or subscriber;(3) as may be necessarily incident to the rendition of the service or to the protection of therights or property of the provider of that service;(4) to a governmental entity, if the provider reasonably believes that an emergency involvingimmediate danger of death or serious physical injury to any person justifies disclosure of theinformation;(5) to the National Center for Missing and Exploited Children, in connection with a reportsubmitted thereto under section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.13032); or(6) to any person other than a governmental entity.§ 2703. Required disclosure of customer communications or records(a) Contents of wire or electronic communications in electronic storage.--A governmental entity mayrequire the disclosure by a provider of electronic communication service of the contents of a wire orPage3of1618 U.S.C. 2701. Unlawful Access to Stored


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