Unauthorized Access To Stored Computer Files Password Or Pin s
Below is a MRR and PLR article in category Computers Technology -> subcategory Other.
Unauthorized Access to Stored Computer Files: Passwords and PINs
Summary
Accessing emails or computer files using someone else's password or PIN, especially in a marriage, can violate the Wiretap Statute. However, this applies only if the data is intercepted during transmission, not in storage. Illegal access can lead to criminal penalties for invasion of privacy, guided by common-law torts.
Understanding Wiretap Violations
The New Jersey Wiretap and Electronic Surveillance Control Act makes it illegal to intercept electronic, wire, or oral communications using any device (N.J.S.A. 2A:156A-1, et seq). Therefore, recording or accessing a spouse’s emails or communications without consent is prohibited.
The Exception
A New Jersey court ruled that accessing stored emails on a family computer doesn’t constitute unlawful access. This was demonstrated in the case of White v. White, 344 N.J. Super 211 (Ch. Div. 2001), where the court decided that emails stored on a family computer didn't violate the Wiretap Statute since there was no expectation of privacy.
Legal Framework and Case References
N.J.S.A. 2A:156A-27
The New Jersey Wiretap Statute considers it a fourth-degree crime to access stored communications unlawfully. If done for commercial gain or malicious intent, it escalates to a third-degree crime.
State v. Gaikwad, 349 N.J. Super 62 (App. Div. 2002)
In this case, unauthorized access and copying of emails led to a conviction under N.J.S.A. 2A:156A-27b, showing inconsistency with the White v. White case regarding stored communications.
Computer Data Theft Laws
According to N.J.S.A. 2C:20-25, theft includes unauthorized alteration or access to computer data, systems, or networks. For low-value data, it could be a petty disorderly offense under N.J.S.A. 2C:20-29.
Other relevant statutes include:
- 2C:20-30: Unauthorized access resulting in no monetary loss.
- 2C:20-31: Unauthorized disclosure of data.
- 2C:20-32: Disorderly conduct through unauthorized computer access without causing damage.
Implications for Divorce Cases
Unauthorized data access using passwords or PINs can relate to:
1. Company or institutional networks.
2. Stand-alone computers.
Criminal penalties depend on the nature of access, as highlighted in the Gaikwad case.
Invasion of Privacy and Legal Remedies
If data is accessed in an offensive manner, it can lead to a common-law tort for invasion of privacy. However, whether accessing post-transmission stored data is a crime remains unclear under N.J.S.A. 2A:156A-27(b).
Conclusion
Unauthorized access of computer systems and stored files is an evolving issue in New Jersey divorce cases. Common-law tort for invasion of privacy provides civil remedies. Unauthorized access generally violates multiple statutes, offering various legal pathways for recourse if privacy is deliberately intruded upon without permission.
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