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Question
A co-worker leaves her outlook account open on a multi user computer in a common area. Her e-mails are left open when she goes off duty. Many of these e-mails were offensive and derogatory to some of us (another co-worker read them)and her dialogue confirmed that she and her liaisons are contributing to and taking pleasure in the defamation of certain people.Others were about the private social affairs of her liaisons where she plays "Dear Abby" and gives professional advice to include recommending prescription drugs (she is a nurse practitioner). Can she be held accountable for leaving derogatory mail open in a common area and giving nightly personal advice to a co-worker?

Answer
Hi Arlene,

Since this occurred at a place of employment, and a multi-user computer, I highly suggest that these issues be brought to the attention of the administration of the business, and that they conduct an internal investigation. You have no expectation of privacy on a public computer when your silly enough to leave your account open like that.

The Employer should seize the computer and have it looked at and the offending employee should be investigated. It is my understanding that a Nurse Practitioner cannot prescribe drugs or give medical advice without the consent of a Doctor? Plus just the hostile working environment she is creating by her emails and such alone should warrant closer examination.

Hope this helps.  

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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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