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Computer Law/hacked e-mail with proof

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Question
I am in the divorce process. I live in Kansas. My husband has refused to sign property settlement and other papers because he does not want a divorce. He has been cheating on me on-line for almost 17 years, is involved in Sex Addicts Anonymous and suffers from some depression, OCD and ADHD. We have two small children aged 8 and 4. I have full custody right now as he did not show up to the first custody hearing.
The final hearing set up in KS is on March 13th. He is seeing a lawyer tomorrow with e-mails suggesting I have been having an on-line relationship with another man, which I have, since about September. I left the marital home in November.
I have documents from facebook where he and a friend engage in numerous conversations about how to hack, eventually he admitts hacking into my e-mails, printing some of them and sharing them with other people (friends, therapist and tomorrow a lawyer). He even admits creating a dummy e-mail to try to entrap my friend on-line. He is publically threatening that if I go through with the divorce he wil "use this" against me (isn't that blackmail?) In addition he and his friend are trying to get access to my phone records.
I am concerned about custody etc. because of the fact that I have been engaged in a relationship (this is the first time in 17 years I have ever done anything like this) and it can be proven. For instance, my family knows.
Since he gained this information by hacking, what are my options? I am afraid that my mistake will over-shadow the way in which he obtained this information.

Answer
Hi Janna,

This is very common in divorce proceedings. One spouse or ex-spouse hacks the others accounts for information. What you need to do is file a police report as soon as possible (today would be good) for the crime of "Unauthorized access to a e-mail account". Then send that police report to your attorney and tell him that your husband is trying to introduce illegally obtained materials into the proceedings. Your attorney should then send a copy of the report over to your husbands attorney. The police will then investigate your husband and if they are able to show he did it (which is very simple)the he could be facing criminal charges. Also this should make anything he obtained "tainted fruits" and not admissible in court.

But you have to file that police report and get that report number to your attorney.

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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