You are here:

Computer Law/Co-worker accessed my personal e-mail account

Advertisement

Expert: - 1/21/2008


Question
QUESTION: A co-worker used my work computer and accessed my personal gmail account where he deleted message(s), moved messages to the trash bin including ones from my mother and proceeded to e-mail my family members from my account.  I have since changed my password.  Is there recourse I can take?

ANSWER: Hi Linda,

It all depends on what state you live in, but here in Florida he committed a crime,

815.06  Offenses against computer users.--

(1)  Whoever willfully, knowingly, and without authorization:

(a)  Accesses or causes to be accessed any computer, computer system, or computer network;

(b)  Disrupts or denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;

You can also sue him based on this State Statute. Most states have the same type of statues.

You should go to your boss and file a complaint and contact the local police department. He also falsely impersonated you by sending the e-mails as you. Make sure you do not do anything to the Gmail account until the police have a chance to get involved.

I would be VERY mad and he would be charged with a crime. If you need state specific information let me know.


---------- FOLLOW-UP ----------

QUESTION: The state is Minnesota.  Are you aware of any laws here?

Answer
Hi again Linda,

609.891 UNAUTHORIZED COMPUTER ACCESS.
   Subdivision 1. Crime. A person is guilty of unauthorized computer access if the person
intentionally and without authorization attempts to or does penetrate a computer security system.

(c) A person who violates subdivision 1 and gains access to personal data is guilty of a gross
misdemeanor and may be sentenced under paragraph (a).

That covers it in your state.

Hope this helps.

Computer Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Chris Wagoner

Expertise

I can answer questions concerning Computer Crime Investigations and Internet investigations including Computer Crime Laws both at the State level and Federal level. I can answer questions on almost any crime in which a computer is used. In addition I can answer questions concerning copywrite infringement (peer to peer, and copying). I served as a police Commander and conducted and still conduct Computer Crime Investigations at the Local, State and Federal level. I have investigated all most any kind of crime with which or which involved a computer and the internet, from murders, kidnappings, extortion, drug dealing and more. I can answer questions concerning Computer Forensics (the art of recovering information from a suspects computer), Computer Crime Investigations and Internet Investigations. I am a Federally Court Recognized Expert in Computer Crime and Computer Forensics. I have worked in both Facebook and MySPace, also in Peer to Peer investigations. In addition I can answer questions concerning child predators and how to make your children safer on-line. I teach Computer Forensics, Internet Investigations, Peer to Peer Investigations and other computer crime related subjects for several colleges and the Institute of Police Technology and Management. My hobby webpage - Military Videos - http://www.youtube.com/user/3rdID8487

Experience

I conduct computer crime investigations in conjunction with the F.B.I., Alachua County Sheriff’s Office, Gainesville Police Department, and University of Florida Police Department, Levi County Sheriff’s Office, Starke Police Department and other agencies in the North Florida Court District. I provide the forensic data recovery services for those agencies as well as internet tracing and information gathering. I am a Federal Court Certified Expert in Computer Crime Investigations and Forensics. I teach Computer Forensics for the University of North Florida, Institute of Police Technology and Management. I also teach Computer Crime courses for Tallahassee Community College, Pat Thomas Law Enforcement Training Center. Associate Instructor; teach Computer Crime courses thorough out the world for IPTM. Presently Teach Cyber Crime Investigations, Computer Crime Investigations and Computer Forensic Data Recovery Course.

Education/Credentials
2 Degrees in Criminal Justice, now teach college level Data Forensics classes

Awards and Honors
Awarded the FBI Directors Award for assisting the FBI in a National Computer Crime Investigation. Awarded Dec 2002

©2012 About.com, a part of The New York Times Company. All rights reserved.