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Computer Law/hacked email password

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QUESTION: N.Y.C. A woman who has paid an online hacker for a password wants to send a video of her & the person whos email was hacked to his girlfriend using his hacked account. It is a very explicit video of him and her in bed. She wants to send this to his girlfriend so she knows he is cheating and also knows the woman will open it thinking it's from her boyfriend.
I told her not to dp it. What would the penalty for this be?
They both will know who sent it due to the fact she is the only other person in the video.

ANSWER: Good Afternoon Jay,

Tell her not to do it, as in New York it is a felony to do so. Hacking into someone else's account is a crime that is being investigated more and more and prosecuted more and more. If she wants to give her the video why not place it on a DVD and then just leave for her somewhere or mail it to her? That way no crime has been committed.



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

QUESTION: I told her the same and just confirmed your answer to her, however she asked that since she has stolen nothing and this would be a nuisince more than anything, what are the chances that the state/city would spend all that money to prosicute something as foolish/silly as this?
She really seems to want to do this!!!
Thanks

Answer
Good Morning Jay,

She is actually stealing something, and that is the password to the account and the service and use of the account. So what she is doing is actually theft. In addition to that there is the mental "anguish" that can be caused by something like this that can turn into a civil lawsuit at a later time and cost are quite a bit of money. So not only can she be arrested for this she can also be sued. And yes the police do investigate this type of crime because it's very easy to prosecute the people involved as tracing this type of activity has become so easy for law enforcement that we do it on a routine basis. We submit cases almost daily to the state attorney's office for hacking Facebook and Gmail accounts and such. And they take them and prosecute them because they are black and white and easy to prove cases.

If she decides to do this she is looking at anywhere from 3 to 5 years probation with a hefty fine and possible civil lawsuit pressed against her. It's just not worth it.

I hope you are able to convince her not to do this as she just asking for trouble. Not only can she be charge of the computer crime but because she's having someone else do it she can be charged with conspiracy to commit a felony in the state and that is a second charge which would result in even more time added to her sentence if she's convicted.

Hope this answers your question.

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Chris Wagoner

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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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