Expert: Chris Wagoner - 2/28/2008

Question
QUESTION: Knowing my administrative password on my laptop, my soon to be ex-
husband,
got onto my laptop without my knowledge or permission.  Using the master
admin password he accessed my email account and forwarded some of my
private emails about our divorce and the man I was seeing at the time to his
friends and few of mine, we were in Ohio at the time. Recently, he has also
been accessing my travel/airline profiles to track my whereabouts.  Are both
of these felonies?  Can I prosecute since I have proof he did this?

ANSWER: Hi Heather,

I had a very long and drawn out response for you and then re-read your question and glad I did. Since you were still married at the time of the access, I do not think that you can prosecute him for it. Being married at the time makes the computer joint property and also your accounts.

If after you are divorced, then its a different story. Was any of this done after you were divorced?

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

QUESTION: All of this was done while he knew we were in the divorce process, I do
remember reading this from an earlier posting of yours, it seems California
has a code protecting anyone's email, I wonder about in Ohio, given this
answer:
Answer
Yes. California Penal Code 502. Its basically the exact same thing.

And yes it pertains to accessing anyones account. Even though they are a
spouse, they still have the expectation of privacy on some things. E-mail
being one of those.

Here is the Cal Penal Code:http://www.leginfo.ca.gov/cgi-bin/waisgate?
WAISdocID=9999962321+0+0+0&WAISaction=retrieve



ANSWER: Hi Heather,

Thank you so much for pointing that one out to me, I had completely forgot that research. And boy did yours take some time hunting the laws. About 2 hours!

I finally found the laws in Ohio pertaining to the issues you were raising:

2913.01 Theft and fraud general definitions.

(II)(1) “Computer hacking” means any of the following:

(a) Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime;

(b) Misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, “misuse of computer and network services” includes, but is not limited to, the unauthorized use of any of the following:

(i) Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;

which is used in this law:
2913.04 Unauthorized use of property - computer, cable, or telecommunication property.
(A) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.

(B) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent .

a) Except as otherwise provided in division (E)(3)(b), (c), or (d) of this section, a misdemeanor of the first degree.

SO good for you pointing that out. It made me go back and research it a little more for you. Ohio law also says this:

3103.07 Property.
A married person may take, hold, and dispose of property, real or personal, the same as if unmarried.

Effective Date: 10-01-1953

3103.08 Responsibility.
Neither husband nor wife, as such, is answerable for the acts of the other.

Which means yes I believe he committed a crime in Ohio. You will have to contact the Ohio police where you were at when this happened.

Good luck and thanks for making me do the research, now I know one more states laws! Thats a good thing.






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

QUESTION: Wow! Chris you are really super! I will give glowing thanks soon.  I am so
grateful.  This is super helpful.  Lastly, would it be a considered a federal
crime if the soon to be ex, is hacking into your private travel accts. (Orbitz,
frequent flyer accounts) to track your whereabouts to serve you papers...  He
would be accessing my accounts from another state in which he resides- not
where I reside in Ohio.  Does that make sense?

THANKS!! YOU ARE A ROCK STAR!

Answer
Hi Again Heather,

I would say yes it would probably qualify as a Federal Crime, it crosses state lines, but knowing the FBI as I do, they more than likely would not take the case. They would more likely refer it to the local Police. But you can always contact your local FBI office and try, never hurts.

Good luck and sorry for all your troubles..