You are here:

Computer Law/Unauthorized use of computer

Advertisement

Expert: - 11/16/2009


Question
I recently moved into a townhouse in Brunswick Ohio and when i came home from work one day I went to log onto ebay and there was someone already logged on.  I wrote down the user id and it prompted me to look at the history for my computer and I soon found out that someone was using my computer for over an hour during the day while I was at work.  I am thinking it was probably the maintenance man but I don't know how to prove it.  IS it illegal for someone that has access to your home to come in and use my computer like this?  Who knows what he was able to see and or steal on my computer!  There is a lot of information on here!  Even worse if he had the guts to do that what else happens during the day while I am at work??  Please help!

Answer
Hi Kim,

It is a crime in Ohio (and everywhere else that I know of) to access someone else's computer like that. Here is the Ohio law:
Code Section 2913.01, et seq.
Mental State Required for Prosecution: Knowingly (this was obvious)
Misdemeanor Computer Crimes 4th degree misdemeanor: unauthorized use
Felony Computer Crimes: Unauthorized use of computer property is felony of the 5th degree
Attempt Considered a Crime? Yes
Civil Lawsuit Permitted? No

I would recommend calling the police immediately and report it. Also you need to password protect your computer and lock it before you leave it. You should require a secure password to log onto you machine, even if you live alone. Also if you think the maintenance man did this, you need to notify the complexes management, like you said what else was he doing in not only yours, but others townhouses?

Be safe, take precautions, and I would tell them you do not want anyone in your home while you are not there. Report it to the local police.

Computer Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

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

©2012 About.com, a part of The New York Times Company. All rights reserved.