Unlawful Access to Stored Communications: 18 U.S.C. § 2701 covers access to a facility through which electronic communications are provided, exceeding the access that was authorized. What is the penalty for the first offense?

• A. Up to 10 years in prison
• B. Up to 5 years in prison
• C. Fines only
• D. Up to 2 years in prison

Answer: (B)

Exceeding the permission you’ve been given to access stored communications is treated as a more serious breach under the Stored Communications Act. For a first offense, that level of abuse carries a maximum prison term of five years. This reflects the idea that going beyond what you’re authorized to access, even if you can technically reach the data, poses a greater risk and harm than simply accessing data without authorization. The other options don’t fit the standard first-offense penalty: fines alone would not capture the imprisonment aspect, a smaller term like two years undervalues the offense, and a much larger term would apply only in more severe or aggravated circumstances, not the typical first offense.