New Jersey Assembly Bill A1600

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Clarifies crime of unlawful access concerning certain password protected communications in electronic storage.

Impact

If enacted, A1600 will reinforce protections for individuals’ digital communications against unauthorized access, thereby securing the privacy of stored electronic data. A person found guilty of unlawfully accessing such communications may face up to 18 months in prison and fines of up to $10,000 for a fourth-degree crime or even more severe penalties for third-degree offenses. It emphasizes that there is no implied consent if a user fails to log out, thereby holding individuals accountable even in situations where the accessed data may have been left unprotected by the user.

Summary

Assembly Bill A1600 seeks to amend New Jersey's wiretapping statute by providing a clearer definition and parameters for unlawful access to stored electronic communications, like emails. The bill specifically targets unauthorized access that involves password-protected communications and alters the existing criminal liability framework concerning such activities. It categorizes unauthorized access into two degrees of crime: fourth-degree and third-degree offenses based on the intent behind the actions. This means individuals who illegally access these communications without proper authorization could face significant criminal penalties.

Contention

There may be notable points of contention surrounding the bill, particularly regarding the nuances of 'knowingly' accessing without authorization. Critics may argue that the bill could lead to overreach in criminalizing actions that could inadvertently violate this statute. Additionally, debates may arise about the balance between protecting privacy rights and ensuring that lawful access by authorities for legitimate purposes remains intact. The bill does state exemptions for conduct explicitly authorized by the service provider or the user, but ongoing discussions may seek to refine these protections.