FREE CONSULTATIONS & WE'RE AVAILABLE 24/7
Jun 4, 2025
Unlawful Access Stored Communications
The Stored Communications Act Explained
Overview of the Stored Communications Act
The Stored Communications Act (SCA), enacted as part of the Electronic Communications Privacy Act (ECPA) in 1986, is a federal law that addresses voluntary and compelled disclosure of “stored wire and electronic communications and transactional records” held by third-party internet service providers (ISPs).
Key Provisions of the SCA
The SCA protects the privacy of the contents of files stored by service providers and of records held about subscribers by service providers. It limits the circumstances under which an ISP may disclose information to the government or other parties.
Which activity is prohibited by the Stored Communications Act?
Specifically, the SCA prohibits unauthorized access to certain electronic communications that are in electronic storage. It makes it illegal for a person to intentionally access without authorization a facility through which an electronic communication service is provided or to intentionally exceed an authorization to access that facility, and thereby obtain, alter, or prevent authorized access to a wire or electronic communication while it is in electronic storage.
Enforcement and Penalties
Violations of the SCA can result in both criminal and civil penalties. The law provides for criminal prosecution as well as a private right of action for individuals whose rights have been violated under the Act.
What is an example of an ECPA violation?
An example of a violation would be an individual or employee accessing someone else’s email account without permission, or a company accessing stored messages on its servers without proper authorization. Such actions can lead to legal consequences under the SCA.
Relationship to Other Laws
The SCA is one part of the broader ECPA, which also includes provisions related to wiretapping and pen registers. The SCA specifically addresses stored communications, while other parts of the ECPA address communications in transit.
Testimonials