Expert: Chris Wagoner - 12/15/2009

Question
Lake County, Illinois.
Company has roughly 65 employees; 4 IT people.

I worked as the systems administrator for a small company for just shy of 4 years before I was terminated on my honeymoon.  A year prior to my termination I installed truecrypt on my work PC to thwart other IT people from gaining access to my system during time off.  The work PC is owned by the company.  There is really nothing of worth stored on this system, but I can't prove how little there is.

My direct supervisor knew of the encryption software and knew of the password (asked and answered before my honeymoon departure).  After my termination I received a letter from my ex-employer's lawyer saying that I need to give them the password for the computer.  Wanting to leave on good terms, I gave the laywers as well as the owner of the company the password both verbally and written.

Fast forward several months - their lawyers say that the password does not work.  I offered to come into the company after hours and try to help fix the situation.  They declined.  They then filed a complaint with the local police department.

The local police department is attempting to charge me with Computer Tampering (they aren't sure between the felony and the misdemeanor at this time).  If the password I gave no longer works (for whatever technical reason), how can they say a Systems Administrator had no rights, or exceeded their rights, to install this software on a single workstation?

Answer
Hi Jason,

Well I have to say the one thing I would ask is how they know someone did not change the password after you left? If the computer was put into use after you left by anyone, then how do they know someone did not change the password? If they can prove that then you may have a problem.

I would suggest making sure you have all the dates and times you gave them the passwords, what they were and who you gave it to. Also offering to cooperate is a good thing, continue to do that and record each time you do and to who you offer it. Do it in writing.

The one thing that police have to prove is intent. Intent to commit a crime. If you really did give them the password (not saying you didn't, just looking at both sides) then they have no intent to deprive the company or a person of the system.

If they have not charged you by now, they more than likely do not have a lot of information or enough to go on yet. I would just continue as you have been, offering your assistance and telling them you did give them the password and you do not know who changed it since then.

Good luck and always get everything in writing when you do these types of things. I have several different documents from my Chief stating just what I do and might have on my computer at any given time. Mostly criminal evidence or things like that. But I have it in writing should anyone ever say why is that there. Does that make sense to you? Get what you have permission to do in writing just to protect yourself, and get the other party to sign that they have a copy of the note or letter.

Be well and stay safe.