Logged In Without Permission: Computer Fraud And The Stored Communications Act, What Pennsylvania Defendants Should Know

Think about the last time you used someone else’s password. Maybe it was a shared streaming account or a work login a colleague handed you. Federal and Pennsylvania law treat unauthorized access to computers and stored messages as serious crimes, and the line between harmless and criminal is thinner than many people realize.

What the Computer Fraud and Abuse Act Covers

The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, makes it a crime to intentionally access a computer without authorization, or to exceed authorized access, and obtain information, cause damage, or commit fraud. The law applies to “protected computers,” a term that has been read broadly to include essentially any computer connected to the internet or used in interstate commerce.

The statute has several parts with different penalties. Some address obtaining information, others damaging a system, transmitting harmful code, or trafficking in passwords. Some violations are misdemeanors, while others can be felonies, especially when the offense causes significant loss or follows a prior conviction. The statute also allows civil lawsuits by people who suffer damage or loss.

What “exceeds authorized access” means has been contested in the courts, and disputes still arise over employees, former partners, and others who once had permission to use a system.

What the Stored Communications Act Adds

The Stored Communications Act, found at 18 U.S.C. § 2701 and following, focuses on stored electronic communications such as emails, direct messages, and cloud-stored content. Section 2701 makes it a crime to intentionally access, without authorization, a facility through which an electronic communication service is provided, and thereby obtain, alter, or prevent authorized access to a wire or electronic communication while it is in electronic storage.

Pennsylvania has its own counterparts. Chapter 76 of the state crimes code, including 18 Pa.C.S. § 7611, addresses unlawful use of a computer and related offenses, and Pennsylvania’s wiretap statute, in 18 Pa.C.S. § 5741, addresses unlawful access to stored communications. A single incident can therefore raise both state and federal questions.

Everyday Situations That Lead to Charges

These cases often grow out of ordinary-seeming conduct. Common examples include:

• Logging into a former partner’s email, social media, or cloud account using a known or guessed password
• A former employee accessing company files, customer lists, or systems after leaving
• An employee copying data for a competitor or a new employer
• Reading someone’s messages on a shared device or synced account
• Changing a password or deleting content to lock someone out
• Using a password found online or purchased from someone else

Intent matters. Prosecutors generally must show that the access was intentional and without authorization, so whether permission was given or withdrawn often becomes central. These cases usually rest on logs, IP addresses, device records, and provider records, and people sometimes learn of an investigation only when devices are seized or a subpoena arrives.

Contact The Law Offices of Gary E. Gerson About Computer Crime Charges

Computer fraud and stored communications cases can move quickly and involve both state and federal prosecutors. Our Pittsburgh internet crime attorneys at The Law Offices of Gary E. Gerson can explain how these laws may apply to your situation. Contact The Law Offices of Gary E. Gerson today for a free, confidential consultation.

Sources:

legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.076..HTM

legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.057..HTM