Expert: Chris Wagoner - 8/10/2008

Question
QUESTION: if someone physically sits at your PC without authorization, accesses files and emails them to themselves for their own use (potentially blackmail), what if any federal or Illinois state laws have they just violated.

ANSWER: Hi Joe,

Its against the law in every state I have ever checked. Here is IL law:

COMPUTER CRIME PREVENTION LAW
(720 ILCS Illinois Compiled Statutes 5/16D - Excerpts)

5/16D-3.  Computer tampering

(a)  A person commits the offense of computer tampering when he knowingly and without
    the authorization of a computer's owner, or in excess of the authority granted
    to him
    (1)  Accesses or causes to be accessed a computer or any part thereof, or a
         program or data;
    (2)  Accesses or causes to be accessed a computer or any part thereof, or a
         program or data, and obtains data or services
    (3)  Accesses or causes to be accessed a computer or any part thereof, or a
         program or data, and damages or destroys the computer or alters, deletes
         or removes a computer program or data.

(b)  Sentence
    (1)  A person who commits the offense of computer tampering as set forth in
         subsection (a)(1) of this Section shall be guilty of a Class B misdemeanor.
    (2)  A person who commits the offense of computer tampering as set forth in
         subsection (a)(2) of this Section shall be guilty of a Class A misdemeanor
         and a Class 4 felony for the second or subsequent offense.
    (3)  A person who commits the offense of computer tampering as set forth in
         subsection (a)(3) of this Section shall be guilty of a Class 4 felony
         and a Class 3 felony for the second or subsequent offense.

5/16D-4.  Aggravated computer tampering

(a)  A person commits aggravated computer tampering when he commits the offense
    of computer tampering as set forth in subsection (a)(3) of Section 16D-3
    and he knowingly
    (1) causes disruption of or interference with vital services or operations
        of State or local government or a public utility.

(b)  Sentence
    (1)  a person who commits the offense of aggravated computer tampering as
         set forth in subsection (a)(1) of this Section shall be guilty of a
         Class 3 felony.


Good luck and I hope this helps..


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

QUESTION: Since the internet is also governed by federal law, what type of federal laws are broken in the same type of incident?

Answer
Hi Joe,

There is no Federal Code that covers what you gave. Plus the Feds would never take a case like that unless the incident cost you or someone about 50 grand or more. The Feds only step in if the incident involvesa lot of money.

If they live in another state and do try to use the e-mails for blackmail then the Feds might step in and try to investigate it since it would involve crossing state lines, but other than that, more than likely not.

Hope this all works out for you.

Be Well.