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Computer Law/Inquiries on multiple unauthorized access of electronic accounts

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Question
Sir,
I live in Mississippi. My wife and I have been separated for 2 months, and we live in separate residences.
When my wife and I separated, I took my cell phone with me. The account is in her daughter's name, and she poses as the account holder to make all changes to the accounts.
On Sept. 3rd she used that access to install a web based messenger on my phone number to gain access to text messages that were sent and rec'd by my phone.
Before this we had made an arrangement for me to pay the early termination fee on that number, which I did yesterday, 9/13, and surrendered the sim card to her, before which I did a factory restore on my phone to eliminate any possible saved information from said SIM card.
Once she was in possession of the SIM card, she promptly used access to the number to hack multiple electronic accounts, including 3 email accounts and my Facebook account to attempt to gain evidence against me to modify our divorce from ID to adultery.
The fact that I have multiple levels of proof that she adultered the marriage initially, what, if any of that information can she use in court, if it should come to that, and what is my legal expectation of privacy? How should I proceed?

Answer
Hi John,

I hope you have a good lawyer. There are multiple issues you are going to have to deal with and some of those may be criminal in nature. In most cases of access between married people (even if separated since you are still married)there is little the spouse can do. But in your case, her accessing the accounts after she got the sim card and your Facebook and email accounts may rise to the level of criminal. I would check with your divorce lawyer and see if they know any of the computer access laws for your state. If not, you may want to notify the police of these unauthorized access to these accounts. The police will be able to tell you if its criminal or not. If it is, anything she gains from accessing the accounts is considered "poisoned fruit" in the legal sense and not able to be used in the civil proceedings. You really need to consult an attorney in your area that is well versed in the computer laws. They can tell you better than I can but I am willing to bet there are some laws that prevent this very thing.  

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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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