Hello.
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raised in your question. Whether the information herein applies or
doesn't apply to any particular set of circumstances is a question
best addressed to appropriate law enforcement authorities.
I wasn't able to locate any applicable Pennsylvania statutes.
However, subject to a few exceptions, unauthorized access to
electronic mail is in violation of federal law, according to the U.S.
Department of Justice.
From the U.S. Department of Justice Criminal Resource Manual:
'1061 Unlawful Access to Stored Communications -- 18 U.S.C. § 2701
The 1986 Act added new statutory provisions, 18 U.S.C. §§ 2701 to
2710, to protect the privacy of stored electronic communications,
either before such a communication is transmitted to the recipient,
or, if a copy of the message is kept, after it is delivered. These
provisions focus on technologies such as electronic mail and computer
transmissions, where copies of the messages are kept. Electronic
storage is defined in 18 U.S.C. § 2510(17) as both any temporary,
intermediate storage of a wire or electronic communication incidental
to the electronic transmission thereof and the storage of such
communication by an electronic communication service for purposes of
backup protection of such communication.
Section 2701 of Title 18 makes it an offense to either (a)
intentionally access, without authorization, a facility through which
an electronic communication service is provided; or (b) intentionally
exceed the authorization of such facility; and as a result of this
conduct, obtain, alter or prevent authorized access to a wire or
electronic communication while it is in electronic storage in such a
system. 18 U.S.C. § 2701(a). This section covers "electronic mail"
service, which permits a sender to transmit a digital message to the
service's facility, where it is held in storage until the addressee
requests it, U.S.C. § 2701, as well as "voice mail" service.
This provision is intended to address "computer hackers" and
corporate spies. The provision is not intended to criminalize access
to "electronic bulletin boards," which are generally open to the
public. A communication will be found to be readily accessible to the
general public if the telephone number of the system and other means
of access are widely known, and if a person does not, in the course of
gaining access, encounter any warnings, encryptions, password
requests, or other indicia of intended privacy. To access a
communication on such a system is not a violation of the law. 18
U.S.C. § 2701(a).
If a violation of 18 U.S.C. § 2701(a) was committed for commercial
advantage, malicious destruction or damage, or private financial gain,
the violator could receive up to a year in prison and a fine as
provided by Title 18, United States Code, for the first offense and up
to two years imprisonment and a fine as provided by Title 18 for a
second or subsequent offense. In all other cases, a jail term of up to
six months and a fine under Title 18 could be imposed. 18 U.S.C. §
2701(b)(2).'
source: United States Department of Justice
http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01061.htm
The text of 18 USC 2701 is also available on the Department of Justice
web site:
http://www.usdoj.gov/criminal/cybercrime/ECPA2701_2712.htm
Note that punishment is mentioned in §2701(b) while civil action is
mentioned in §2707.
Additional sources:
'What about electronic mail, or "e-mail?" E-Mail has been the single
biggest area of misinformation about the new law. First, section 2701
does make it a federal offense to read someone else's electronic mail.
That would be exceeding your authorization, since "private" e-mail
systems do not intend for anyone other than the sender or receiver to
see that mail.'
source: New York Law School papers
http://216.239.33.100/search?q=cache:XQoOUQT8en0J:www.nyls.edu/cmc/papers/ecpalaym.htm+%2218+usc+2701%22+%22electronic+mail%22&hl=en&ie=UTF-8
"Gaining access to another user's restricted data without
authorization from that user is a federal offense under Title 18 of
the United States Code, section 2701 [18 USC 2701 (2)"
source: Mclennan Community College
http://216.239.33.100/search?q=cache:esS_ZpC4lF8J:www.mclennan.edu/library/SIAG.DOC+%2218+usc+2701%22+%22electronic+mail%22&hl=en&ie=UTF-8
CyBarrister Page: "E-Mail Privacy"
http://www.ssbb.com/email.html
'...18 U.S.C. § 2701-2711, Title II of the Electronic Communications
Privacy Act (ECPA)... This means, among other things, that your e-mail
messages are confidential when stored on a computer owned by an ISP
that offers to any member of the public the ability to send e-mail and
you pay for the account'
source: Privacy of E-Mail in the USA
http://www.rbs2.com/email.htm
I hope this helps. |
