PUBLIC LAW 99-508-OCT. 21, 1986 TITLE II-STORED WIRE AND ELECTRONIC COMMUNICA- TIONS AND T

---
Master Index Current Directory Index Go to SkepticTank Go to Human Rights activist Keith Henson Go to Scientology cult

Skeptic Tank!

PUBLIC LAW 99-508--OCT. 21, 1986 TITLE II--STORED WIRE AND ELECTRONIC COMMUNICA- TIONS 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 COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS ... SS 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 (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 or damage, or private commercial gain-- "(A) a fine of not more than $250,ooo 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 of 2518 of this title. ss. 2702. Disclosure of contents "(a) Prohibitions.--Except as provided in subsection (b)-- "(1) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and "(2) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service-- "(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service; and "(B) solely for the purposed of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing. "(b) Exceptions.-- A person or entity may divulge the contents of a communication-- "(1) to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient; "(2) as otherwise authorized in section 2516, 2511(2)(1) , or 2703 of this title; "(3) with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of remote computing service; "(4) to a person employed or authorized or whose facilities are used to forward such communication to its destination; "(5) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or "(6) to a law enforcement agency, if such contents-- "(A) were inadvertently obtained by the service provider; and "(B) appear to pertain to the commission of a crime. -eof-

---

E-Mail Fredric L. Rice / The Skeptic Tank