Expert: Dan Pepper - 7/28/2008

Question
Hello Mr. Pepper,
    Thank you for taking the time to help me here. This is a somewhat complicated and long story with a lot of extenuating circumstances.  So I will try to keep it short and to the point.  If more info is required I would be happy to provide that.

    The long and short of it is this.  The ex-wife and myself have been legally divorced for over 5 years now. We are nearing another custody battle.  She, by knowing enough personal info about me was able to re-set my web based e-mail account and has accessed my e-mail.  She is now using this to not only attempt to turn family and friends against me, but also is attempting to use this info for her personal financial gain.  I knew I would need concrete "proof" that she was doing this.  So I purchased a web domain.  Created a e-mail from that domain name to look real.  Sent it to my compromised web based e-mail.  The info in the e-mail is false.  However it was sent to me, by me, from my own domain name. She then again gained access to the e-mail account. She is now providing that information to attorneys, family ect. The e-mail made mention of a large sum of money that I am about to receive (again totally false).  She is now trying to use this information against me.  The ONLY place this information exists is on my domain e-mail and my "compromised" e-mail account.  Thus proving she is using personal information she knows about me to re-set my e-mail password to gain access to this account.  She is re-setting my password to this account approximately one time every 36 hours now for several weeks.  Of coarse short of the fictitious e-mail sent to myself I am no longer using this account.  BUT much of the old "stored" e-mail that were there, she is using for personal gain and to try and turn my family against me.  

    So my question is what rights do I have and how can I get her prosecuted for this, if any?

Thank you again for your time
Robert

Answer
Each state has laws regarding computer crimes and unauthorized access to other persons' computers.  You can start by viewing the laws in your state by visiting http://law.findlaw.com/state-laws/computer-crimes/ and doing further research from there.

Based on what you learn there, you may want to consider contacting your local law enforcement to see if they are willing to pursue the matter.  Because of the low priority most law enforcement places on cases like these, another course of action would be contact a local attorney who is familiar with computer trespass matters, and to consider filing a civil claim against your ex-wife.  If you are located in the NJ or PA area, I can recommend some folks; otherwise, contact your local county bar association referral service to see if they can assist you.