18 U.S.C. § 2701 — Unlawful access to stored communica-

Page 656 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2701 any termination or renewal of such an agree- ment, shall be published in the Federal Register as soon as is reasonably practicable. (h) MINIMIZATION PROCEDURES.—A United States authority that receives the content of a communication described in subsection (b)(4)(H) from a foreign government in accordance with an executive agreement under this section shall use procedures that, to the maximum extent possible, meet the definition of minimization procedures in section 101 of the Foreign Intel- ligence Surveillance Act of 1978 (50 U.S.C. 1801) to appropriately protect nonpublicly available information concerning United States persons. (Added Pub. L. 115–141, div. V, § 105(a), Mar. 23, 2018, 132 Stat. 1217.) Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS Pub. L. 115–141, div. V, § 102, Mar. 23, 2018, 132 Stat. 1213, provided that: ‘‘Congress finds the following: ‘‘(1) Timely access to electronic data held by com- munications-service providers is an essential compo- nent of government efforts to protect public safety and combat serious crime, including terrorism. ‘‘(2) Such efforts by the United States Government are being impeded by the inability to access data stored outside the United States that is in the cus- tody, control, or possession of communications-serv- ice providers that are subject to jurisdiction of the United States. ‘‘(3) Foreign governments also increasingly seek ac- cess to electronic data held by communications-serv- ice providers in the United States for the purpose of combating serious crime. ‘‘(4) Communications-service providers face poten- tial conflicting legal obligations when a foreign gov- ernment orders production of electronic data that United States law may prohibit providers from dis- closing. ‘‘(5) Foreign law may create similarly conflicting legal obligations when chapter 121 of title 18, United States Code (commonly known as the ‘Stored Com- munications Act’), requires disclosure of electronic data that foreign law prohibits communications-serv- ice providers from disclosing. ‘‘(6) International agreements provide a mechanism for resolving these potential conflicting legal obliga- tions where the United States and the relevant for- eign government share a common commitment to the rule of law and the protection of privacy and civil lib- erties.’’ CHAPTER 121—STORED WIRE AND ELEC- TRONIC COMMUNICATIONS AND TRANS- ACTIONAL RECORDS ACCESS Sec. 2701. Unlawful access to stored communications. 2702. Voluntary disclosure of customer commu- nications or records. 2703. Required disclosure of customer communica- tions or records. 2704. Backup preservation. 2705. Delayed notice. 2706. Cost reimbursement. 2707. Civil action. 2708. Exclusivity of remedies. 2709. Counterintelligence access to telephone toll and transactional records. 2710. Wrongful disclosure of video tape rental or sale records. 2711. Definitions for chapter. 2712. Civil actions against the United States. 2713. Required preservation and disclosure of com- munications and records. Sec. Editorial Notes AMENDMENTS 2018—Pub. L. 115–141, div. V, § 103(a)(2), Mar. 23, 2018, 132 Stat. 1214, added item 2713. 2002—Pub. L. 107–273, div. B, title IV, § 4005(b), Nov. 2, 2002, 116 Stat. 1812, made technical correction to direc- tory language of Pub. L. 107–56, title II, § 223(c)(2), Oct. 26, 2001, 115 Stat. 295, effective Oct. 26, 2001. See 2001 Amendment note below. 2001—Pub. L. 107–56, title II, §§ 223(c)(2), 224, Oct. 26, 2001, 115 Stat. 295, as amended by Pub. L. 107–273, div. B, title IV, § 4005(b), Nov. 2, 2002, 116 Stat. 1812, tempo- rarily added item 2712. Pub. L. 107–56, title II, §§ 212(a)(2), (b)(2), 224, Oct. 26, 2001, 115 Stat. 285, 295, temporarily substituted ‘‘Vol- untary disclosure of customer communications or records’’ for ‘‘Disclosure of contents’’ in item 2702 and ‘‘Required disclosure of customer communications or records’’ for ‘‘Requirements for governmental access’’ in item 2703. 1988—Pub. L. 100–690, title VII, § 7067, Nov. 18, 1988, 102 Stat. 4405, which directed amendment of item 2710 by inserting ‘‘for chapter’’ after ‘‘Definitions’’ was exe- cuted by making the insertion in item 2711 to reflect the probable intent of Congress and the intervening re- designation of item 2710 as 2711 by Pub. L. 100–618, see below. Pub. L. 100–618, § 2(b), Nov. 5, 1988, 102 Stat. 3197, added item 2710 and redesignated former item 2710 as 2711. § 2701. Unlawful access to stored communica- tions (a) OFFENSE.—Except as provided in subsection (c) of this section whoever— (1) intentionally accesses without authoriza- tion 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 author- ized access to a wire or electronic communica- tion while it is in electronic storage in such sys- tem shall be punished as provided in subsection (b) of this section. (b) PUNISHMENT.—The punishment for an of- fense under subsection (a) of this section is— (1) if the offense is committed for purposes of commercial advantage, malicious destruc- tion 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 fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subpara- graph; and (B) a fine under this title 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 fine under this title or imprisonment for not more than 1 year or both, in the case 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 the case of an offense under this subparagraph that occurs after a conviction of another of- fense under this section. (c) EXCEPTIONS.—Subsection (a) of this section does not apply with respect to conduct author- ized— Page 657 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2702 (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, § 201[(a)], Oct. 21, 1986, 100 Stat. 1860; amended Pub. L. 103–322, title XXXIII, § 330016(1)(K), (U), Sept. 13, 1994, 108 Stat. 2147, 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, renum- bered § 2207(j)(2), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.) Editorial Notes AMENDMENTS 2002—Subsec. (b)(1). Pub. L. 107–296, § 2207(j)(2)(A), for- merly § 225(j)(2)(A), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), in introductory provisions, inserted ‘‘, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State’’ after ‘‘commercial gain’’. Subsec. (b)(1)(A). Pub. L. 107–296, § 2207(j)(2)(B), for- merly § 225(j)(2)(B), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), substituted ‘‘5 years’’ for ‘‘one year’’. Subsec. (b)(1)(B). Pub. L. 107–296, § 2207(j)(2)(C), for- merly § 225(j)(2)(C), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), substituted ‘‘10 years’’ for ‘‘two years’’. Subsec. (b)(2). Pub. L. 107–296, § 2207(j)(2)(D), formerly § 225(j)(2)(D), as renumbered by Pub. L. 115–278, § 2(g)(2)(I), added par. (2) and struck out former par. (2) which read as follows: ‘‘a fine under this title or impris- onment for not more than six months, or both, in any other case.’’ 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, § 330016(1)(U), substituted ‘‘under this title’’ for ‘‘not more than $250,000’’. Subsec. (b)(2). Pub. L. 103–322, § 330016(1)(K), sub- stituted ‘‘under this title’’ for ‘‘not more than $5,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE Pub. L. 99–508, title II, § 202, Oct. 21, 1986, 100 Stat. 1868, provided that: ‘‘This title and the amendments made by this title [enacting this chapter] shall take ef- fect ninety days after the date of the enactment of this Act [Oct. 21, 1986] and shall, in the case of conduct pur- suant to a court order or extension, apply only with re- spect to court orders or extensions made after this title takes effect.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–618, § 1, Nov. 5, 1988, 102 Stat. 3195, pro- vided 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’.’’ SHORT TITLE This chapter is popularly known as the ‘‘Stored Com- munications Act’’. § 2702. Voluntary disclosure of customer commu- nications or records (a) PROHIBITIONS.—Except as provided in sub- section (b) or (c)— (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 elec- tronic storage by that service; and (2) a person or entity providing remote com- puting service to the public shall not know- ingly divulge to any person or entity the con- tents 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 commu- nications received by means of electronic transmission from), a subscriber or customer of such service; (B) solely for the purpose 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; and (3) a provider of remote computing service or electronic communication service to the pub- lic shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental enti- ty. (b) EXCEPTIONS FOR DISCLOSURE OF COMMUNICA- TIONS.—A provider described in subsection (a) may divulge the contents of a communication— (1) to an addressee or intended recipient of such communication or an agent of such ad- dressee or 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 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 com- munication to its destination; (5) as may be necessarily incident to the ren- dition of the service or to the protection of the rights or property of the provider of that serv- ice; (6) to the National Center for Missing and Exploited Children, in connection with a re- port submitted thereto under section 2258A; (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. 108–21, title V, § 508(b)(1)(A), Apr. 30, 2003, 117 Stat. 684] (8) to a governmental entity, if the provider, in good faith, believes that an emergency in- volving danger of death or serious physical in- jury to any person requires disclosure without delay of communications relating to the emer- gency; or (9) to a foreign government pursuant to an order from a foreign government that is sub-