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Computer Law/Someone hacked into my personal email

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Question
Hi Chris:

I live in the State of Florida and have a question about the laws here as far as someone hacking into my personal e-mail.  I have proof (an e-mail from this person admitting they indeed did hack into my account)for sure the e-mail was illegally hacked. I do believe they have actually hacked into another account of mine as well but cannot get back into that e-mail. When the password was changed to the first e-mail that was compromised,  I received an e-mail to my back-up e-mail telling me my password had been changed. I knew I did not do this and sent an e-mail to that e-mail account telling that person I knew my e-mail had been hacked and I would be seeking legal recourse.  The person then emailed me admitting they did do this.

I know there are laws protecting one from this in Florida and was wondering what those are in regards to this situation. I do not personally know this person-but I do know someone that does know them and had some harassment on a social networking site previously from this person. I hid everything public related to my name, etc at that point.  I want to protect myself and cannot find the specific laws related to this.

Thank you.

Answer
Good Evening,

You are right, the state of Florida has laws that make this illegal. FSS 815.06 is called the Computer Crime Statue.

All you should have to do is call your local police and they should take of all this for you. I don't know where you live in Florida, but you should be able to call them and have them take care of it from there. Police are learnign how to handle these types of crimes and most departments have someone dedicated to handling these types of crimes.

Here is the entire Statue, you should see where your problem is covered:
(1) Whoever willfully, knowingly, and without authorization:

  (a) Accesses or causes to be accessed any computer, computer system, or computer network;

  (b) Disrupts or denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;

  (c) Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network;

  (d) Destroys, injures, or damages any computer, computer system, or computer network; or

  (e) Introduces any computer contaminant into any computer, computer system, or computer network,

commits an offense against computer users.

  (2)(a) Except as provided in paragraphs (b) and (c), whoever violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  (b) Whoever violates subsection (1) and:

  1. Damages a computer, computer equipment, computer supplies, a computer system, or a computer network, and the monetary damage or loss incurred as a result of the violation is $5,000 or greater;

  2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property; or

  3. Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service,

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  (c) Whoever violates subsection (1) and the violation endangers human life commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  (3) Whoever willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, or computer network commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

  (4)(a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, computer equipment, computer supplies, or computer data may bring a civil action against any person convicted under this section for compensatory damages.

  (b) In any action brought under this subsection, the court may award reasonable attorney’s fees to the prevailing party.

  (5) Any computer, computer system, computer network, computer software, or computer data owned by a defendant which is used during the commission of any violation of this section or any computer owned by the defendant which is used as a repository for the storage of software or data obtained in violation of this section is subject to forfeiture as provided under ss. 932.701-932.704.

  (6) This section does not apply to any person who accesses his or her employer’s computer system, computer network, computer program, or computer data when acting within the scope of his or her lawful employment.

  (7) For purposes of bringing a civil or criminal action under this section, a person who causes, by any means, the access to a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in both jurisdictions.


SO you shoudl be covered and the cops shoudl handle it for you and pursue this case.

If you have more questions feel free to write a follow up. Hope this helps.  

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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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