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Computer Law/Former Employer Gets Private Email Password, Illegal?

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Expert: - 3/13/2009


Question
I am in a bitter legal dispute with a former employer over my new competing company. The former employer just submitted emails from my personal email account. He must have seen my password in the notes of my contact that I deleted. Is that considered hacking? Is this illegal in CA?

Answer
Hi Will,

I would have to know more about the case. If the emails were stored on a company computer that he owned, then no its not illegal. If the emails were stored online like Yahoo or GMail and never downloaded to the company machine then yes. If he ever logged into your e-mail account that is online and not one the company system, then yes that illegal also.

It is illegal to access anyones accounts of any type as long as they are not on a company computer. If you used something like outlook and they were all done through the company computer system, then the company has the right to review them. Other than that, its illegal. Consult your lawyer and let him know the specifics on what machine and what account.

If you have more specifics or need more information, let me know. Computer Law in Cal is under California Penal code 502.

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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

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