Expert: Chris Wagoner - 11/11/2009

Question
I live in the state of PA.  My soon to be ex husband informed me that he has copies of Facebook chats between myself and a friend.  I know he is telling the truth because he told me things I wrote word for word.  He also told me that a lawyer friend of his in MA was able to access my Facebook chat and my soon to be ex told me it was legal because Facebook and things on the Internet are "public property."  He has also gotten copies of emails from my email account on Yahoo too.  I NEVER gave him by passwords and never gave him permission to go on to my accounts. I wanted to know if this was legal, and how I can stop him from doing this in the future.  

Answer
Hi Diana,

I am very sorry for all your problems you are having, but what he has done is a crime. Here are the PA laws that cover it:

§ 7611.  Unlawful use of computer and other computer crimes.
(a)  Offense defined.--A person commits the offense of unlawful use of a computer if he:

(1)  accesses or exceeds authorization to access, alters, damages or destroys any computer, computer system, computer network, computer software, computer program, computer database, World Wide Web site or telecommunication device or any part thereof with the intent to interrupt the normal functioning of a person or to devise or execute any scheme or artifice to defraud or deceive or control property or services by means of false or fraudulent pretenses, representations or promises;

(2)  intentionally and without authorization accesses or exceeds authorization to access, alters, interferes with the operation of, damages or destroys any computer, computer system, computer network, computer software, computer program, computer database, World Wide Web site or telecommunication device or any part thereof; or

(3)  intentionally or knowingly and without authorization gives or publishes a password, identifying code, personal identification number or other confidential information about a computer, computer system, computer network, computer database, World Wide Web site or telecommunication device.

(b)  Grading.--An offense under this section shall constitute a felony of the third degree.

(c)  Prosecution not prohibited.--Prosecution for an offense under this section shall not prohibit prosecution under any other section of this title.

§ 7612.  Disruption of service.
(a)  Offense defined.--A person commits an offense if he intentionally or knowingly engages in a scheme or artifice, including, but not limited to, a denial of service attack upon any computer, computer system, computer network, computer software, computer program, computer server, computer database, World Wide Web site or telecommunication device or any part thereof that is designed to block, impede or deny the access of information or initiation or completion of any sale or transaction by users of that computer, computer system, computer network, computer software, computer program, computer server or database or any part thereof.

(b)  Grading.--An offense under this section shall constitute a felony of the third degree.

§ 7613.  Computer theft.
(a)  Offense defined.--A person commits an offense if he unlawfully accesses or exceeds his authorization to access any data from a computer, computer system or computer network or takes or copies any supporting documentation whether existing or residing internal or external to a computer, computer system or computer network of another with the intent to deprive him thereof.

(b)  Grading.--An offense under this section shall constitute a felony of the third degree.

§ 7614.  Unlawful duplication.
(a)  Offense defined.--A person commits the offense of unlawful duplication if he makes or causes to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs or computer software residing in, communicated by or produced by a computer or computer network.

(b)  Grading.--An offense under subsection (a) shall be graded as follows:

(1)  An offense under this section shall constitute a felony of the third degree.

(2)  If the economic value of the duplicated material is greater than $2,500, the grading of the offense shall be one grade higher than specified in paragraph (1).

§ 7615.  Computer trespass.
(a)  Offense defined.--A person commits the offense of computer trespass if he knowingly and without authority or in excess of given authority uses a computer or computer network with the intent to:

(1)  temporarily or permanently remove computer data, computer programs or computer software from a computer or computer network;

(2)  cause a computer to malfunction, regardless of the amount of time the malfunction persists;

(3)  alter or erase any computer data, computer programs or computer software;

(4)  effect the creation or alteration of a financial instrument or of an electronic transfer of funds; or

(5)  cause physical injury to the property of another.

(b)  Grading.--An offense under this section shall constitute a felony of the third degree.

You should call your local police and report it.

I hope this helps.