Bill > A745

Introduced Session

This bill amends the provisions of New Jersey's wiretapping statute dealing with unlawful access to stored communications, section 21 of P.L.1993, c.29 (C.2A:156A-27), to clarify criminal liability concerning password protected wire or electronic communications in electronic storage, such as e-mail accounts. A person would be guilty of a fourth degree crime if that person obtains, alters, or prevents authorized access to any such communication that is protected by a password or other personal code, without first knowing and inputting that password or other personal code, or otherwise having the express consent of at least one of the parties to whom that password or other personal code belongs. As such, there would be no implied consent and no defense from criminal liability for a person who accessed communications after a party to those communications had failed to properly log out or otherwise exit the electronic storage medium containing the communications, leaving such communications unprotected by password or other personal code. A person would be guilty of a third degree crime for unlawful access, if the person additionally acted for the purpose of commercial advantage, commercial gain, or malicious destruction or damage. A fourth degree crime is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. A third degree crime is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. This clarification to criminal liability for unlawful access would also clarify liability in any civil action brought by an aggrieved person whose communications were accessed, due to the availability of such civil actions arising from criminal unlawful access, as set forth in section 26 of P.L.1993, c.29 (C.2A:156A-32).

AI Summary

Committee Categories

Paul Kanitra (R)*,  Greg McGuckin (R)*, 

Introduced, Referred to Assembly Science, Innovation and Technology Committee (on 01/09/2024)

Official Document