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Computer Law/spouse soon to be ex signs in to my email unauthorized is it a crime in ny

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Expert: - 1/23/2008


Question
My soon to be ex husband keeps breaking into my email account and computer no matter how many times I change the passwords or secret questions. He is threatening to take my children away because of a pen pal I have that I went to school with. I told him it is illegal and I could press charges but he thinks I am lying. I need to know my rights here, is it actually a crime i ny state?

Answer
Hi Kelly,

I am sorry for your trouble. I am not sure that these apply only because you are not divorced yet, once you are divorced I know they would, but check with the local police agency first to see if this applies between a husband and wife, it should if you ask me and it may:

NY Law:
§  190.81  Unlawful possession of personal identification information in the third degree.
   A person is guilty of unlawful possession of  personal  identification information  in  the  third  degree when he or she knowingly possesses a  person's financial services account  number  or  code,  savings  account   number  or  code,  checking  account  number  or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code,  personal  identification number,  mother's  maiden  name,  computer  system  password, electronic signature or unique biometric data that is a fingerprint,  voice  print, retinal  image  or iris image of another person knowing such information is intended to be used in furtherance  of  the  commission  of  a  crime defined in this chapter.
   Unlawful  possession  of  personal  identification  information in the third degree is a class A misdemeanor.

and maybe #3 below if he is deleting or changing any e-mails or files:
 § 156.25 Computer tampering in the third degree.
   A  person  is guilty of computer tampering in the third degree when he commits the crime of computer tampering in the fourth degree and:
   1. he does so with an intent to commit or attempt to commit or further the commission of any felony; or
   2. he has been previously convicted of any crime under this article or subdivision eleven of section 165.15 of this chapter; or
   3.  he  intentionally  alters  in  any  manner  or  destroys  computer material; or
   4.  he intentionally alters in any manner or destroys computer data or a computer program so  as  to  cause  damages  in  an  aggregate  amount  exceeding one thousand dollars.
   Computer tampering in the third degree is a class E felony.


Call your local police and ask them about these laws and your situation, they can help.

Good luck and hang in there, not all guys are idiots I promise.

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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

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