cdTOCtest

1. The name of the person requesting the
   authorization;


2. The reasons for the request; and


3. The results of any authorized authorization.

In addition, copies of such records maintained by the
county prosecutors shall be filed periodically with the
Attorney General, who in turn, must report annually to
the Governor and the Legislature on the operation of
N.J.S.A. 2A:156-4c. N.J.S.A. 2A:156A-23d.

E. The Chief Justice of the Supreme Court and the
Attorney General are to report each year to the Governor
and the Legislature on such aspects of the Act as are
deemed appropriate, including recommendations for
legislative changes, as well as improvement to effectuate
the purpose of the Act and to assure the protection of
individual rights. N.J.S.A. 2A:156A-23e.

XX. CIVIL ACTION AND DAMAGES (N.J.S.A.

2A:156A-24)

Pursuant to N.J.S.A. 2A:156A-24, any person whose
wire, electronic, or oral communication is intercepted,
disclosed, or used in violation of the Act shall have a civil
cause of action against any person who commits such acts
or procures another to do so. Such a party would be
entitled to recover the following:

1. Actual damages, but not less than liquidated
   damages computed at the rate of $100.00 per day for
   each day of violation, or $1,000.00, whichever is higher;


2. Punitive damages; and


3. Attorney’s fees and litigation costs. N.J.S.A.
   2A:156A-24.

However, pursuant to N.J.S.A. 2A:156A-25, a good
faith reliance on a court order authorizing the
interception shall constitute a complete defense to a civil
or criminal action brought under the Act or to
administrative proceedings brought against a law
enforcement officer.

XXI. UNLAWFUL ACCESS TO STORED

COMMUNICATIONS (N.J.S.A. 2A:156A-27)

A person is guilty of a crime of the fourth degree if he

(1) knowingly accesses without authorization a facility

through which an electronic communication service is

provided or exceeds an authorization to access that

facility, and (2) obtains, alters, or prevents the authorized

access to a wire or electronic communication while that

communication is in electronic storage. N.J.S.A.

2A:156A-27a. The crime is upgraded to the third degree

if the person commits the offense for the purpose of

commercial advantage, private commercial gain, or

malicious destruction or damage. N.J.S.A. 2A:156A-

27b. This section does not apply to conduct authorized:

(1) by the person or entity providing a wire or electronic

communication service; or (2) by a user of that service

with respect to a communication of or intended for that

user; or (3) by N.J.S.A. 2A:156A-10, 2A:156A-13,

2A:156A-29, or 2A:156A-30. N.J.S.A. 2A:156A-27c.

XXII. DISCLOSURE OF CONTENTS (N.J.S.A.

2A:156A-28)

A person or entity providing an electronic

communication service to the public shall not knowingly

divulge the contents of a communication while in

electronic storage by that service. N.J.S.A. 2A:156A-

28a(1). In addition, a person or entity providing remote

computing service to the public shall not knowingly

divulge the contents of any communication which is

carried or maintained on that service under the

conditions identified in the statute. See N.J.S.A.

2A:156A-28a(2)(a), (b). However, a person or entity

may divulge the contents of a communication in the

following circumstances:

1. To an addressee or intended recipient of the
   communication or their agent;


2. As authorized or required by N.J.S.A. 2A:156-4,
   2A:156A-17, 2A:156A-18, or 2A:156A-29;


3. With the lawful consent of the originator or an
   addressee or intended recipient of the communication, or
   the subscriber in the case of a remote computing service;


4. To a person employed or authorized or whose
   facilities are used to forward the communication to its
   destination;