Minnesota Statutes 626A.26 – Unlawful Access to Stored Communications
Subdivision 1.Offense.
Except as provided in subdivision 3, whoever:
Terms Used In Minnesota Statutes 626A.26
- Electronic communication: means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system but does not include:
(1) a wire or oral communication;
(2) a communication made through a tone-only paging device; or
(3) a communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object. See Minnesota Statutes 626A.01
- Electronic storage: means :
(1) a temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; and
(2) a storage of communication described in clause (1) by an electronic communication service for purposes of backup protection of the communication. See Minnesota Statutes 626A.01
- Person: means any individual, partnership, corporation, joint stock company, trust, or association, including but not limited to, the subscriber to the telephone or telegraph service involved and any law enforcement officer. See Minnesota Statutes 626A.01
- User: means a person or entity who:
(1) uses an electronic communication service; and
(2) is duly authorized by the provider of the service to engage in the use. See Minnesota Statutes 626A.01
(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 the electronic storage in a system must be punished as provided in subdivision 2.
Subd. 2.Punishment.
The punishment for an offense under subdivision 1 is:
(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:
(i) a fine of not more than $250,000 or imprisonment for not more than 364 days, or both, in the case of a first offense under this clause; and
(ii) a fine of not more than $250,000 or imprisonment for not more than two years, or both, for any subsequent offense under this clause;
(2) a fine of not more than $5,000 or imprisonment for not more than six months, or both, in any other case.
Subd. 3.Exceptions.
Subdivision 1 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 sections 626.085, 626A.05 to 626A.09, or 626A.28.