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Computer Law/Invasion of Privacy/Hacking?

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Expert: - 2/4/2012


Question
My husband went through my work bag and took some diskettes I had in a zippered pocket. These diskettes contained some personal files which were password protected. Not sure if the contents of the files matter, but they were an electronic diary I've been keeping for many years. He then uploaded several of these files and purchased an Internet service which provided him access to the contents of the files. Note: The terms of service on the Internet site indicates the purchaser must be the owner of the files, which clearly he is not.

I've asked him to return the diskettes/files and he refuses. So I'm trying to find out if any of these actions are illegal and whether I have any recourse to get them back? Would this be considered Invasion of Privacy? I've been thinking about contacting the Illinois State's Attorney's office to get advice, but ran across your site and thought I'd see what advice you might be able to provide as an initial step.

Answer
Good morning Angela,

actually what he has done is committed a crime under only state law. The law that he is broken is as follows, is called computer tampering in Illinois.

720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
   Sec. 17-51. Computer tampering.
   (a) A person commits computer tampering when he or she knowingly and without the authorization of a computer's owner or in excess of the authority granted to him or her:
       (1) Accesses or causes to be accessed a computer or  
    any part thereof, a computer network, or a program or data;

       (2) Accesses or causes to be accessed a computer or  
    any part thereof, a computer network, or a program or data, and obtains data or services;


as you can see computer tampering is committed when a person knowingly and without authorization of the owner accesses any program or data. In your diskettes are covered under the definition of data.

I would gather what information you have as to dates and times and what has happened and call the local police department to file a police report, telling us specifically you are reporting the above section. And I would let them handle it from there.

I hope this helps, and yes it is a crime and you actually have the right only to sue him for damages in regards to this issue.

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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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