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Computer Law/Break in to web account

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Expert: - 8/20/2008


Question
QUESTION: I have a personal account with a company that produces photos that a customer uploads (Shutterfly).  I was divorced a year ago.  My ex wife has broken into my account and had photos belonging to me, transferred to her.  Is this illegal?  If so, what are my options?

ANSWER: Hi Mark,

In every state I have ever taught computer crime in and most I have researched, this is against the law.

Unlawfully accessing another personas computer, systems or accounts is usually listed under computer crimes in most states. What state are you in and I can cite you the specific law.



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

QUESTION: Thank you for your response.  I live in Minnesota.  I appreciate your help!

Mark

Answer
HI Mark,

Here is your states computer access law:

609.891 UNAUTHORIZED COMPUTER ACCESS.
   Subdivision 1. Crime. A person is guilty of unauthorized computer access if the person
intentionally and without authorization attempts to or does penetrate a computer security system.
   Subd. 2. Felony. (a) A person who violates subdivision 1 in a manner that creates a grave
risk of causing the death of a person is guilty of a felony and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) A person who is convicted of a second or subsequent gross misdemeanor violation of
subdivision 1 is guilty of a felony and may be sentenced under paragraph (a).
   Subd. 3. Gross misdemeanor. (a) A person who violates subdivision 1 in a manner that
creates a risk to public health and safety is guilty of a gross misdemeanor and may be sentenced
to imprisonment for a term of not more than one year or to payment of a fine of not more than
$3,000, or both.
(b) A person who violates subdivision 1 in a manner that compromises the security of
data that are protected under section 609.52, subdivision 2, clause (8), or are not public data as
defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor and may be sentenced
under paragraph (a).
(c) A person who violates subdivision 1 and gains access to personal data is guilty of a gross
misdemeanor and may be sentenced under paragraph (a).
(d) A person who is convicted of a second or subsequent misdemeanor violation of
subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced under
paragraph (a).
   Subd. 4. Misdemeanor. A person who violates subdivision 1 is guilty of a misdemeanor and
may be sentenced to imprisonment for a term of not more than 90 days or to payment of a fine
of not more than $1,000, or both.

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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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