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Computer Law/distribution of personal emails

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Expert: - 3/15/2008


Question
Chris, You are been a brilliant help to me with the questions you answered a
few weeks ago. Now I'm splitting the hairs: when you computer has been
accessed without your permission, then the user uses his expert knowledge
of computers to  get your main admin. password to "unlock" all your other
passwords, to gain access to your email, then scours your emails and
distributes via internet those emails to several people... how many crimes
have taken place here?  Is the whole thing seen as one or are there degrees
with in the entire act? For example, first crime, is gaining access, 2nd is to
hack into computers main admin pass code, then accessing email is a 3rd,
and distribution is a forth crime.  I know crimes have ben committed, but to
what degree, are these likely felonies or misdemeanors in the state of Ohio.  I
know you prosecute high and the defendant can usually plead to a lessor
charge.  Thanks for your help.

Answer
Hi again Heather,

Without knowing the case exactly I can tell you your particular one, but the way it normally works is for each separate time the computer was accessed is one count. SO if they accessed it 15 different times, that 15 counts of un-authorized access. Same for accounts, like e-mail and such. Each time it was accessed is a count of un-authorized access. Just like if you broke into a home 10 times, its 10 counts of burglary, not 1 that stretches over time.

Hope this helps explain it.  

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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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