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Cyber crime question

Old 06-01-2018, 06:47 AM
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Recently all of the information on my sons smart phone was taken and obtained by his ex. She has threatened to use the information ,texts and photos to ruin my sons girlfriend. There was nothing inappropriate other than the fact the info was taken and now will be used by this person. Is this a crime .
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Old 06-01-2018, 06:54 AM
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Depends on where you are and what she does with the information. Here in AZ, they passed a law that makes it illegal to post any kind of "revenge porn" about your ex. Apparently, it was getting very common after a break up to go post any intimate photos or what not on porn sites to get back at the ex.

Your mileage may vary.
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Old 06-01-2018, 06:55 AM
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I would be surprised if this wasn't a crime by itself but has she asked for anything to not ruin the new girlfriend? If so, I'd think that was extortion.
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Old 06-01-2018, 07:13 AM
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She has threatened to ruin the girlfriends career. My son and his girlfriend have spoken with her bosses and the bosses say it is not an issue for them. The ex needs a wake up call from the police. Taking info off a smart phone and using it without permission is a crime some places. Not sure if it is in MA.
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Old 06-01-2018, 07:17 AM
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In MA everything is a crime
While it would be covered under data or identity theft laws, it would be very difficult to get police to do anything about it. Your most practical course of action would probably be to pay a lawyer $200 or so to draft a letter to her threatening prosecution if she attempts to use or sell the data in any way, or something along those lines.
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Old 06-01-2018, 07:33 AM
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Thanks all. He is waiting to hear from his attorney.
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Old 06-01-2018, 11:51 AM
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It might be a crime. If it is, I suspect the penalty would be minimal. Also, I suspect that unless there was some meaningful harm to the son, that the district attorney might not be inclined to prosecute, if in fact it is a crime.
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Old 06-01-2018, 11:58 AM
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Not blaming your son but if he didn't have anything bad on his phone it wouldn't matter. It no longer amazes me what people will keep on their phones or post on-line. When I was little I complained to my Mom about my brother telling on me; she said "if you don't do anything wrong there would be nothing to tell".
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Old 06-01-2018, 12:30 PM
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If he was stupid enough to keep the same password, you don't have a very strong case. If she was able to compromise his account by knowing answers to security questions (mother's maiden name, date of birth, etc) and she used that information fraudulently to change his password, then I'd think it could fall under CFAA (computer fraud and abuse act).
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Old 06-01-2018, 01:38 PM
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Look up “ doxing” they are trying to make stuff like this a crime.
I imagine some states already have.
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Old 06-01-2018, 01:58 PM
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you need to look up the laws on one party Vs two party recording and get her on the phone (if in a one party recording state) where she makes the extortion demands and then go with that
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Old 06-01-2018, 02:37 PM
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If she is demanding a trade off, then it's extortion.
If only out of malice, then it could constitute stalking. Ask your local prosecutor.
If there are sexual pictures, then many states are enacting laws about posting pictures of others without permission.
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Old 06-01-2018, 03:39 PM
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Nothing inappropriate on the phone. My sons girlfriend is a teacher. The ex wanted to make a case about my grandson being a student and having her fired. His ex tried the same with my wife in a hospital setting. The administration had been made aware when they first started dating and were fine with it. The ex is psychotic. We believe she put my grandson up to taking the information on the phone for her to use against my son. We have been told by the police if she uses any of the info on the phone it is a crime.
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Old 06-01-2018, 04:11 PM
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I’ll go there .....
pic of said girlfriend and ex ??
(over 18 only please)

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Old 06-01-2018, 04:32 PM
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Originally Posted by Jim L. View Post
Nothing inappropriate on the phone. My sons girlfriend is a teacher. The ex wanted to make a case about my grandson being a student and having her fired. His ex tried the same with my wife in a hospital setting. The administration had been made aware when they first started dating and were fine with it. The ex is psychotic. We believe she put my grandson up to taking the information on the phone for her to use against my son. We have been told by the police if she uses any of the info on the phone it is a crime.
Seriously, document everything. Have your son get a dedicated lad of paper and keep a journal. Times, dates , what was said and done. Shes crazy. It sounds like you could already have enough for stalking outside of not having the information organized. Having your ducks in a row when you approach them, should show the police/prosecutor that you are very serious and also taken care of the work for them. Anything she tries to rebutt will likely be disorganized or unsubstantiated. Also, a court might not grant a ppo if she isn't threatening ot violent, but there should be some other form of a restraining order available. Might even provide son's girlfriend with the previous information. Maybe she can give her HR a heads up on a potential stalker making false reports. My Marilyn just kind of went through something like this with a nurse that walked out of her position. Mar was contingent and stepped into the full time position. This other nurse started making anonymous reports and an investigation was opened. Very stressful for her and wasted hospital resources. At least getting the clearance on her record set her up for the next one.
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Old 06-02-2018, 05:48 AM
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My son’s girlfriends administrators had been made aware of all the goings on . I told him the same thing ,to keep a journal of everything. He filed with the police and meets with his attorney at the beginning of next week. Police said should the ex use anything obtained from the phone it is a crime. My son has had enough of dealing with this stuff and is ready to go back to court.
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Old 06-02-2018, 07:40 AM
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Just ring
36 24 36 hey
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Old 06-05-2018, 02:44 AM
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It may fall under the cybercstalking statute, but how will it be proven that she accessed his information without his permission?
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