Name
Code sections
Actions targeted
Criminal penalty
Privacy Act
5 U.S.C. §552a(i)
(1) Knowingly and willfully disclosing individually identifiable
information which is
prohibited from such
disclosure by the Act or
by agency regulations; or
willfully maintaining a
system of records without having published a
notice in the Federal
Register of the existence
of that system of records
(2) knowingly and willfully requesting or
gaining access to a
record about an individual under false
pretenses
299
Fines of up to $5000
300
Stored Communications Act
(SCA)
18 U.S.C. §2701
(1) intentionally accesses
without authorization a
facility through which an
electronic communication service is provided
301
;
(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
302
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
(continued)
299 5 U.S.C. Sec. 552a(i).
300 5 U.S.C. §552a(i).
301 18 U.S.C. §2701(a)(1).
302 18 U.S.C. §2701(a)(2).
450
S. M. Boyne
Code sections
Actions targeted
Criminal penalty
Privacy Act
5 U.S.C. §552a(i)
(1) Knowingly and willfully disclosing individually identifiable
information which is
prohibited from such
disclosure by the Act or
by agency regulations; or
willfully maintaining a
system of records without having published a
notice in the Federal
Register of the existence
of that system of records
(2) knowingly and willfully requesting or
gaining access to a
record about an individual under false
pretenses
299
Fines of up to $5000
300
Stored Communications Act
(SCA)
18 U.S.C. §2701
(1) intentionally accesses
without authorization a
facility through which an
electronic communication service is provided
301
;
(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
302
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
(continued)
299 5 U.S.C. Sec. 552a(i).
300 5 U.S.C. §552a(i).
301 18 U.S.C. §2701(a)(1).
302 18 U.S.C. §2701(a)(2).
450
S. M. Boyne
