Unlawful access to stored communications
Official text prohibited actmental stateif conditionpenaltylegal term
(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, 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 or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and
(B) a 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 or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and
(B) a 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) 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.
History: (Added Pub. L. 99–508, title II, §201[(a)], Oct. 21, 1986, 100 Stat. 1860 (PDF, 4.1 MB); amended Pub. L. 103–322, title XXXIII, §330016(1)(K), (U), Sept. 13, 1994, 108 Stat. 2147 (PDF, 52 MB), 2148; Pub. L. 104–294, title VI, §601(a)(3), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–296, title XXII, §2207(j)(2), formerly title II, §225(j)(2), Nov. 25, 2002, 116 Stat. 2158, renumbered §2207(j)(2), Pub. L. 115–278, §2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.)
Simplified explanation
It is a federal crime to intentionally get into a computer system that provides electronic communication services (like an email server) without permission, or to go beyond the access allowed. The crime applies when the person then obtains, changes, or blocks authorized access to messages stored in that system.