Employee Monitoring Law Planner
Sources

US Stored Communications Act (18 USC 2701 to 2713)

Law. Placed at every US location. Read 30 Sep 2026; 3 provisions cited by the planner.

SCA 2701(a)Do not access a communication service facility without authorization to reach stored communications

Unless subsection (c) applies, no person may intentionally access without authorization a facility through which an electronic communication service is provided, or intentionally exceed an authorization to access it, and thereby obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage in that system. Penalties (2701(b)): for commercial advantage, malicious destruction, private gain or in furtherance of a criminal or tortious act, up to 5 years (10 for a repeat); otherwise up to 1 year (5 for a repeat after a prior conviction). For an employer this reaches logging into an employee's personal email, social media or messaging account, for example with a saved password on a work device, without the employee's authorization.

What a reviewer asks to see: Investigation procedure prohibiting access to employees' personal accounts (webmail, social media, messaging) without their authorization; Record of the authority for each access to stored communications made in an investigation (employer-provided system, user consent); Guidance to IT on handling personal account sessions or saved credentials found on work devices
Where monitoring plans usually fall short: Manager reads an employee's personal webmail left logged in on a work laptop; Former employee's personal account accessed with a remembered password after departure
Source: US Stored Communications Act (18 USC 2701 to 2713), read 30 Sep 2026
SCA 2701(c)(1)Authorization by the service provider: access to the employer's own communication service

Subsection (a) does not apply to conduct authorized by the person or entity providing the wire or electronic communications service. An employer that provides its own email or messaging service to employees can authorize access to communications stored on that service; the authorization does not extend to services the employer does not provide, such as an employee's personal webmail.

What a reviewer asks to see: List of communication services the organization itself provides (email, chat, voicemail) and who may authorize access to stored content; Access authorization records for reviews of stored communications on those services
Where monitoring plans usually fall short: Provider authorization relied on for a third-party personal account; No record of who authorized a mailbox search
Source: US Stored Communications Act (18 USC 2701 to 2713), read 30 Sep 2026
SCA 2701(c)(2)Authorization by the user for that user's own communications

Subsection (a) does not apply to conduct authorized by a user of the service with respect to a communication of, or intended for, that user. Access to an employee's stored messages with that employee's authorization is outside the offense; access to a third party's messages needs that user's authorization or another exception.

What a reviewer asks to see: Written authorization from the account user for access to the user's stored communications, stating the scope; Check that the person authorizing is the user of the communications accessed
Where monitoring plans usually fall short: Authorization obtained from a coworker to read another employee's private messages; Authorization obtained by pressure or as a condition of employment without legal review
Source: US Stored Communications Act (18 USC 2701 to 2713), read 30 Sep 2026

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