I 108th CONGRESS 2d Session H. R. 5059 IN THE HOUSE OF REPRESENTATIVES September 9, 2004 Mr. Sherman (for himself, Mr. Case, and Mr. Etheridge) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, with respect to stored electronic communications.

1.

Short title

This Act may be cited as the Internet Privacy Protection Act of 2004.

2.

Stored electronic communications

(a)

In general

Chapter 121 of title 18, United States Code, is amended by adding at the end the following:

2713.

Improper access by service provider

(a)

Offense

Except as provided in subsection (b), whoever, being a provider of electronic communication service, intentionally accesses the contents of a stored electronic communication while held in electronic storage by that provider shall be fined not more than $5,000. (b)

Exceptions

It is not an offense under subsection (a) if the access is a necessary incident to the rendition of the electronic communication service or compliance with section 2702.

. (b)

Clerical Amendment

The table of sections at the beginning of chapter 121 of title 18, United States Code, is amended by adding at the end the following new item: 2713. Improper access by service provider.