New Jersey Senate Bill S1179

New Jersey 2022-2023 Regular Session

• Introduced: 1/31/22
• Refer: 1/31/22

Caption

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

Impact

This bill aims to enhance protections against unauthorized access to personal communications stored electronically. By clarifying the legal standards and consequences for unlawful access, it seeks to deter individuals from engaging in such behavior, thereby increasing the security of electronic communications. The amendment signifies a response to evolving technology and the growing importance of cyber safety and privacy in today’s digital landscape.

Summary

Senate Bill S1179 proposes amendments to New Jersey's existing wiretapping statute, specifically addressing unlawful access to electronic communications that are stored electronically. The bill clarifies the definitions and penalties regarding unauthorized access to password-protected communications, such as email accounts. Under the proposed legislation, a person who knowingly accesses these communications without consent or the correct input of a password would be committing a fourth degree crime, which carries penalties including imprisonment of up to 18 months and fines up to $10,000.

Contention

There might be points of contention surrounding the bill, particularly regarding how it defines 'knowingly accessing without authorization' and the implications for individuals who might access shared accounts or fail to log out from public devices. The bill specifies that there is no implied consent or legal defense if a user accesses communications after a party to those communications has not properly logged out, potentially leading to legal complexities that could affect shared digital spaces. Concerns may arise about the balance between protecting individual privacy and the potential for overreach in enforcement.