Electronic Communications Privacy Act, Title II (Stored Communications Act)
SCA
Communications
The SCA protects email and other stored communications and records held by service providers. It bars unauthorized access to stored communications, restricts public providers from voluntarily disclosing customer content and records, and sets the legal process the government must use to compel disclosure (amended by the CLOUD Act in 2018).
- Where
- Federal
- Citation
- 18 U.S.C. 2701-2713
- Status
- In force
- In force since
- 1987-01-19
- Last amended
- 2018-03-23
- Enforced by
- U.S. Department of Justice (criminal); private civil actions
- People can sue
- Yes
- Penalties
- Unauthorized access is a crime (fines and imprisonment); civil damages of actual damages plus profits, but not less than $1,000, punitive damages for willful violations, and fees.
- Applies to
- Providers of electronic communication services and remote computing services to the public
- Any person who accesses a facility providing electronic communication service without authorization
Practices it requires
- Do not intentionally access a communications facility without authorization and obtain, alter, or block access to stored communications.18 U.S.C. 2701(a)
- Public providers may not knowingly divulge the contents of communications except under listed exceptions (e.g., consent, service necessity, emergencies).18 U.S.C. 2702(a)(1)-(2), (b)
- Public providers may not knowingly disclose customer records to a governmental entity except under listed exceptions; disclosure to non-government persons is permitted.18 U.S.C. 2702(a)(3), (c)
Other duties
- Aggrieved persons may sue; minimum recovery $1,000.18 U.S.C. 2707(a), (c)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Research reference, not legal advice.