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Computer Law/Email hacking by private investigators

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Expert: Chris Wagoner - 1/11/2009


Question
QUESTION: Hello.  I just found your site and hope you can help me with my problem.  I had a boyfriend, whom I did not live with, and did not have access to my email or cell phone.  He hired a private investigator in IL (I lived in MO).  What was retrieved from me were emails from my private account and pictures taken from the carrier's website.  So, my question is, is this a legal "seizure" of information because it was done by a P.I.?  Is there any action that can be taken?  Thank you for taking your time with my question.

ANSWER: Hi Jennifer,

No its not legal, it is a crime and should be reported.

It takes police to get a search warrant to get a persons emails, PI's have no special right to any of that and less than police.

Call your local police to report the incident.



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

QUESTION: Commander,

Thank you for your timely answer.  If I may take your time once more.  This incident happened almost 3 years ago, and I now live in another state.  Is it too late for me to report this, and, if I do, do I call the police in my former state?

Thank you again for your time.

Answer
Hi again Jennifer,

I am sorry but if it was three years ago then you may have a big problem getting anyone to file the case and any and all online records of the incident (access logs from the mail carrier and such) are long gone.

You can always sue the person in court for violation of your constitutional rights to privacy. And the PI also. I would seek advice from a lawyer on that one, but venture to say if you can prove you case in any way, you would have a good chance of winning a civil lawsuit. Not sure what the time limit is on civil cases, I work in the criminal arena.

Be well..

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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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