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Law Sections You Should Know For Technology Rate Topic: -----

#1 User is offline   alexander 

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Posted 08 July 2009 - 09:19 AM

I have come across this before, and i just want to make a general reminder, if you cant find anything about a legality of something, look for the legality of the actions you perform with it. In this stickey i would like to collect and point people to the codes of various countries to serve as a reference any time anyone mentions legality of something that deals with this Computer Science and Technology section.

So to join me in this, here is the format of how to post in this stickey (no comments, only references)

Title: Unlawful Access to Stored Communications

Reference: 18USC2701

Find: United States Code, Title 18, Part 1, Chapter 121, Section 2701

Link: US CODE: Title 18,2701. Unlawful access to stored communications

Quote:

United States Code said:

§ 2701. Unlawful access to stored communications


(a) Offense.— Except as provided in subsection © 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, 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 subparagraph; 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 offense under this section.


© 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.

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