Expert: Dan Pepper - 7/29/2008

Question
Dan,
Recently it has come to my attention that someone is gaining personal information about me either through phone taps or looking at email. My questions are:
A. Is it illegal to go into someone elses email account without their permission?
B. Is it illegal to go into someone elses email account even if the password is known (regardless of how the password was obtained)?
C. If it is illegal and there are several suspects what is the best and most expedient way to find out the parties involved?

I have heard that email providers typically don't keep IP addresses on file very long of who all is accessing the email. Is there a way for the owner of the account to have the email provider give up the log (for however long they have it) to the owner or do you have to go through the police? Can the police do this fast enough? Or could a PI or lawyer do as well?

Thank you for your time!

Answer
A.  Most state laws have laws prohibiting unauthorized computer access.  The answer depends, in part, on whether any access had been given previously.

B.  If you gave another party your password, then presumably they have authorization to go into your email account, however state laws may prohibit access which exceeds that which has been given.

C.  There are private investigators and computer forensic experts that are often able to determine this information.

An ISP will not typically provide information about its users (like log files) without a subpoena (if through civil litigation) or a warranty (if through a criminal investigation).