NJ A4782

Amends New Jersey's wiretapping statute (C.2A:156A-27) to define "knowingly accesses without authorization" as accessing password-protected electronic communications without first knowing and inputting the password or having express consent from a party who owns the password.

Eliminates implied consent as a defense, meaning accessing someone's communications left unprotected because they failed to log out would constitute unauthorized access.

Fourth degree crime (up to 18 months imprisonment, up to $10,000 fine) applies to unauthorized access to password-protected stored communications such as email accounts.

Third degree crime (3-5 years imprisonment, up to $15,000 fine) applies when unauthorized access is committed for commercial advantage, commercial gain, or malicious destruction or damage.

Clarifies criminal liability in ways that would also affect civil actions available to aggrieved parties under section 26 of P.L.1993, c.29.