 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL 
                             RECORDS ACCESS
 
Sec. 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 under this title 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 under this title 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.

(Added Pub. L. 99-508, title II, Sec. 201[(a)], Oct. 21, 1986, 100 Stat. 
1860; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (U), 
Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104-294, title VI, 
Sec. 601(a)(3), Oct. 11, 1996, 110 Stat. 3498.)


                               Amendments

    1996--Subsec. (b)(1)(A), (2). Pub. L. 104-294 substituted ``fine 
under this title'' for ``fine of under this title''.
    1994--Subsec. (b)(1)(A). Pub. L. 103-322, Sec. 330016(1)(U), 
substituted ``under this title'' for ``not more than $250,000''.
    Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(K), substituted 
``under this title'' for ``not more than $5,000''.


                             Effective Date

    Section 202 of title II of Pub. L. 99-508 provided that: ``This 
title and the amendments made by this title [enacting this chapter] 
shall take effect ninety days after the date of the enactment of this 
Act [Oct. 21, 1986] and shall, in the case of conduct pursuant to a 
court order or extension, apply only with respect to court orders or 
extensions made after this title takes effect.''


                      Short Title of 1988 Amendment

    Pub. L. 100-618, Sec. 1, Nov. 5, 1988, 102 Stat. 3195, provided 
that: ``This Act [enacting section 2710 of this title and renumbering 
former section 2710 as 2711 of this title] may be cited as the `Video 
Privacy Protection Act of 1988'.''
