Expert: Chris Wagoner - 12/17/2009

Question
QUESTION: My daughter is away at school, and we communicate via email. Her roommate opened her email, copied email messages I sent to her, and sent them to other people. They were private message, and are causing her hurt, embarrassment etc. Are there any legal actions I can take? I feel violated -
we live in CT

ANSWER: Hi Kevin,

What the roomate did is illegal. What state is your daughter in? I need to know so I can give you the accurate laws.



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

QUESTION: My daughter also live in Connecticut, at a boarding school. She is 17 years old.

Thank you for your help!

Answer
Hi Kevin,

Sorry for the delay in answering, had to research a bit. Here is the CT state law that covers what the roommate did. Call the local police where your daughter lives, CT has great investigators in the computer crime area.

GENERAL STATUTES OF CONNECTICUT
         TITLE 53A.  PENAL CODE

         CHAPTER 952.  PENAL CODE: OFFENSES

         PART XXII.  COMPUTER-RELATED OFFENSES

         Conn. Gen. Stat. @ 53a-251 (1989)

Sec. 53a-251.  Computer crime.

  (a) Defined.  A person commits computer crime when he violates
any of the provisions of this section.

  (b) Unauthorized access to a computer system.  (1) A person is
guilty of the computer crime of unauthorized access to a computer
system when, knowing that he is not authorized to do so, he
accesses or causes to be accessed any computer system without
authorization.

  (2) It shall be an affirmative defense to a prosecution for
unauthorized access to a computer system that: (A) The person
reasonably believed that the owner of the computer system, or a
person empowered to license access thereto, had authorized him to
access; (B) the person reasonably believed that the owner of the
computer system, or a person empowered to license access thereto,
would have authorized him to access without payment of any
consideration; or (C) the person reasonably could not have known
that his access was unauthorized.
  (c) Theft of computer services.  A person is guilty of the
computer crime of theft of computer services when he accesses or
causes to be accessed or otherwise uses or causes to be used a
computer system with the intent to obtain unauthorized computer
services.

  (d) Interruption of computer services.  A person is guilty of
the computer crime of interruption of computer services when he,
without authorization, intentionally or recklessly disrupts or
degrades or causes the disruption or degradation of computer
services or denies or causes the denial of computer services to an
authorized user of a computer system.

  (e) Misuse of computer system information.  A person is guilty
of the computer crime of misuse of computer system information
when: (1) As a result of his accessing or causing to be accessed a
computer system, he intentionally makes or causes to be made an
unauthorized display, use, disclosure or copy, in any form, of data
residing in, communicated by or produced by a computer system; or
(2) he intentionally or recklessly and without authorization (A)
alters, deletes, tampers with, damages, destroys or takes data
intended for use by a computer system, whether residing within or
external to a computer system, or (B) intercepts or adds data to
data residing within a computer system; or (3) he knowingly
receives or retains data obtained in violation of subdivision (1)
or (2) of this subsection; or (4) he uses or discloses any data he
knows or believes was obtained in violation of subdivision (1) or
(2) of this subsection.
  (f) Destruction of computer equipment.  A person is guilty of
the computer crime of destruction of computer equipment when he,
without authorization, intentionally or recklessly tampers with,
takes, transfers, conceals, alters, damages or destroys any
equipment used in a computer system or intentionally or recklessly
causes any of the foregoing to occur.


Bw well and have a great Christmas.