(a) Offense. -

Except as provided in subsection (c) of this section whoever -

(1)

intentionally accesses without authorization a facility through which an electronic communication service is provided; or

(2)

intentionally exceeds an authorization to access that facility;

and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section.

(b) Punishment. -

The punishment for an offense under subsection (a) of this section is -

(1)

if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain -

(A)

a fine under this title or imprisonment for not more than one year, or both, in the case of a first offense under this subparagraph; and

(B)

a fine under this title or imprisonment for not more than two years, or both, for any subsequent offense under this subparagraph; and

(2)

a fine under this title or imprisonment for not more than six months, or both, in any other case.

(c) Exceptions. -

Subsection (a) of this section does not apply with respect to conduct authorized -

(1)

by the person or entity providing a wire or electronic communications service;

(2)

by a user of that service with respect to a communication of or intended for that user; or

(3)

in section 2703, 2704 or 2518 of this title