Sec. 2701. - Unlawful access to stored communications
(a) 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; 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.
(b) Punishment. -
The punishment for an offense under subsection (a) of this section is -
if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain -
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
a fine under this title or imprisonment for not more than two years, or both, for any subsequent offense under this subparagraph; and
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 -
by the person or entity providing a wire or electronic communications service;
by a user of that service with respect to a communication of or intended for that user; or
in section 2703, 2704 or 2518 of this title
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