Unlawful Access to Stored Communications (18 USC § 2701)


Unlawful Access to Stored Communications Act covers access to a facility through which electronic communication is provided or exceeding the access that was authorized.

  • broadly written to apply to a range of offenses
  • punishable by up to 5 years in prison and fines for first offense
  • focus is on any facility, server, or device used to store electronic communications

Wording of the statute

  1. Offense. —Except as provided in subsection (c) of this section whoever— intentionally accesses without authorization a facility through which an electronic communication service is provided;
  2. or 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