Expert: Chris Wagoner - 12/20/2009

Question
About 2.5 years ago, I was desperate to find out if my then boyfriend was lying to me about an upcoming business trip. I paid a hacking site/private investigating firm to provide me his password. He is now threatening to have me brought up on charges. What type of crime have I ccommitted and what is the statute of limitations in the state of MA?


Answer
Hi Anne,

MA has some really good computer crime laws. In 1995, the Massachusetts State Legislature passed a bill that remedied several holes in the old laws in regards to computer crime.  Prior to the enacting of this law, computer crimes were limiting to the removal of data from a system without authorization; hacking (damaging data and "snooping") were not prohibited and therefore were not punishable by law. The Massachusetts Computer Crime Bill effectively closed this hole by providing three key provisions:

•The law prohibits unauthorized access to any computer system, directly or by network or telephone.  The law states that password authorization to control access is warning that any use without a legitimate password will be defined as unauthorized access.

•The law defines electronically stored or processed data as "property", under the criminal vandalism statute. Destruction or corruption of any such property is vandalism, and punishable as such.

•The law prohibits the theft of commercial computer service.

Additionally, the law improved the Commonwealth's procedural law, making prosecution of computer related offenses easier, while decreasing disruption of legitimate business.  Prior to the law, business whose systems had been violated faced the prospect of their systems being seized as evidence; and if prosecutors found that original files were evidence, law required the originals be presented in court.  This caused many businesses to be less likely to prosecuting the offense. The new law allows for electronic copies to be admissible, which allows business to continue operations uninterrupted. It also contains provisions that prosecution and punishment could take place at either the place where the perpetrator was physically located or where the computer system that was accessed was physically located. A hacker in Massachusetts accessing files in another state could face prosecution in Massachusetts.  A hacker in another state accessing files in Massachusetts could also face prosecution in Massachusetts.

The statue of limitations is 6 years for misd and longer for felonies. If he decides to press charges he still has the time and right to do so. I would suggest that you get a lawyer to represent you. What you have going for you (while I do not condone your actions in the least, you were big enough to ask a question) is that computer evidence of what you did is more than likely long gone. Computer crimes are harder to prove the more time that passes.

Be well, good luck and have a Merry Christmas.