This bill amends New Jersey's wiretapping statute, specifically section 21 of P.L.1993, c.29 (C.2A:156A-27), to clarify the criminal liability associated with unlawful access to password-protected electronic communications in storage, such as emails. It establishes that a person is guilty of a fourth-degree crime if they knowingly access a communication protected by a password or personal code without authorization, which includes failing to input the correct password or lacking consent from at least one party involved. The bill emphasizes that there is no implied consent for accessing communications left unprotected due to a party's failure to log out.

Additionally, the bill stipulates that a person could be charged with a third-degree crime if the unlawful access is conducted for commercial advantage, private gain, or malicious intent. The penalties for these crimes include imprisonment and fines, with fourth-degree crimes carrying a potential sentence of up to 18 months and fines up to $10,000, while third-degree crimes could result in three to five years of imprisonment and fines up to $15,000. This legislation also clarifies the potential for civil liability for individuals whose communications are unlawfully accessed, aligning with existing provisions for civil actions related to such criminal offenses.

Statutes affected:
Introduced: 2A:156A-27