Protecting Your Computer Files from Unauthorized Access Using a Password or PIN

Protecting Your Computer Files from Unauthorized Access Using a Password or PIN

It is a blatant violation of the Wiretap Statute for one spouse to access the other's electronic mail or files using their PIN or password without their consent. On the other hand, the data must be in the transmission phase for the violation to occur; it does not apply to storage after transmission. In addition, the common-law tort of invasion of seclusion or invasion of privacy could lead to criminal sanctions for such unauthorized access to computer-related theft.

Wiretap Violation: What Is It?

It is unlawful to intercept any oral, electronic, or wire communications using mechanical, electrical, or any other device, according to the New Jersey Wiretap and Electronic Surveillance Control Act's fundamental rule of wiretap violation. (N.J.S.A. 2A:156A-1, following). Thus, it is unlawful for one spouse to record or retrieve the other's email communications or any other form of communication.

But this isn't always the case. Finding no breach of the New Jersey Wiretap Statute, a New Jersey trial court ruled that accessing the family's stored e-mail from the computer's hard drive did not constitute any illegal access to stored electronic communications. This pertains to the instance in question:

Caufield v. Caufield, 344 N.J. Super 211 (Ch. Div. 2001)

Here, the wife was going through the various folders on the family computer's hard disk in search of information. The fact that this did not constitute a wiretap infringement was confirmed by the Union County Court.

Consequently, the Court distinguished between e-mails that are actively being transmitted and those that are being stored after transmission. 'Electronic storage' as defined in the New Jersey Wiretap Act does not include e-mails stored in post-transmission storage. That being the case, if the wife had access to the family computer in the living room, she might potentially view and utilize the husband's email messages saved on the hard drive.

Passwords and PINs (Personal Identification Numbers) can be used by wives without the husband's permission. Since the family computer was accessible to everyone, the court reasoned that the husband had no reasonable expectation of privacy with respect to the emails saved there.

The relevant statute in New Jersey is 2A:156A-27.

Illegally accessing stored communications is a crime that carries criminal penalties, as stated in the New Jersey Wiretap Statute.

As stated in the Statute:

a. A person is found guilty of a felony if they (1) knowingly gain access to a facility that offers electronic communication services without authority or (2) access the facility more than allowed and (3)

(2) In doing so, they edit, acquire, or block allowed access to electronic communication or a wire while it is still stored electronically.

a. One commits a third-degree offense if he does so with the intent to acquire private profit, commercial benefit, or intentionally cause harm or damage.

knowingly gains unauthorized access to a facility in order to provide electronic communication services or exceeds authorized access to the facility; and (2) in the process, changes, obtains, or blocks authorized access to an electronic message or write while it is still in electronic storage.

Case in point: Gaikwad v. State, 349 N.J. Super 62 (App. Div. 2002).

By breaking into ATT's computer system without authority, the Defendant was able to access the accounts of multiple individuals, copy and read their email, and get sensitive information. In the case of Gaikwad, the Appellate Division upheld Mr. Gaikwad's conviction under New Jersey Statutes 2A:156A-27b.

After reviewing the case, the court found that Gaikwad violated N.J.S.A. 2A:156A-27b by intentionally and knowingly accessing, reading, and copying an electronic mail that was stored in another's mailbox. But the trial court's decision in White v. White contradicts this decision. In the second instance, the court ruled that the law does not apply to data stored electronically after transmission.
Theft of Data from Computers

As stated in New Jersey Statutes 2C:20-25

"If someone knows or intentionally does something without permission, they are guilty of theft:"

(a) Modifies, takes, damages, or destroys any data, program, database, software, or hardware that is either internal or external to a computer, system, or network,

(a) Tries to break into, steal from, damage, or destroy any computer, computer system, or computer network;

c) gains unauthorized access to, or attempts to gain unauthorized access to, any computer, computer system, or computer network with the intent to commit fraud, steal services, property, or money from the owner of the computer or any third party, or

(d) Theft, damage, tampering, obtaining, intercepting, or destruction of a financial instrument.

In a divorce case, the evidence and financial records used by either side are mostly worthless. A tiny disorderly person's offense, as stated in New Jersey Statutes 2C:20-29. The offense is described by the legislation as:

"Anyone who willfully and carelessly gains access to, or alters, destroys, damages, or obtains any data, database, computer, program, software, hardware, system, or computer network with a value of $200 or less is guilty of petty disorderly person's offense."

Computer System Damage or Unauthorized Access, Whether or Not Damage Is Visible; Offense Level (2C:20-30) (L.1984, c.184, Sub. Section 9, eff. March 14, 1985)

The act of intentionally accessing, modifying, destroying, or damaging any portion of a computer system or the entire system without authority is considered a third-degree criminal, even if the unauthorized access or alteration does not result in any monetary loss.

Data Disclosure Due to Unauthorized Access; Indeterminate Injury Quantification; Offense Severity (2C:20-31, L.1984, c.184, Sub. Section 10, eff. March 14, 1985)

A third-degree crime is committed when someone intentionally and without authorization gains access to a computer system or any part of it, and then discloses or causes to be disclosed data, databases, software, or programs, even though the accessing and disclosing cannot be evaluated in terms of monetary value or loss.

Inappropriate Use of Computer; Absence of Physical Damage or Destroyment; Disorderly Persons Offense (2C:20-32).
Section 11 of the 1984 Law took effect on March 14, 1985.

If someone intentionally and without permission gains access to a computer or its components, but does not cause any harm or destruction to property or services, they are guilty of a disorderly person's offense.

The following are some of the possible outcomes of someone else gaining access to your computer's data without your knowledge or consent:

(a) information gleaned from a company's, bank's, or other entity's computer system, or

(b) information gained illegally from a standalone computer.

Penalties for criminal violations would vary according to the nature of the offense. There are two distinct types of illegal use of PINs or passwords to access computer records or information, as per the Court's decision in the Gaikwad case:

(N.J. Stat. 2C: 20-30) (unauthorized entry or destruction of computer system) — Information retrieved from a computer system, such as the network of a firm or corporation, a bank, or a business house.

Any information unlawfully obtained from a person's or a standalone computer is considered computer-related theft under New Jersey Statutes 2C:20-25, 2C:20-29, and/or 2C:20-32.

Invasion of privacy is another common-law tort in addition to the ones just mentioned. So, if a spouse gets their hands on the data or material in an objectionable way, it can be used as a common-law cause of action to sue someone.

Nevertheless, it remains unclear if it is a crime under N.J.S.A. 201256A-27(b) to access electronically stored information or data in the post-transmission storage.

In summary,

The Garden State Threats of illegal access to computer systems, data storage locations, PINs, and passwords are changing as a result of divorce actions. If someone gains illegal access to your personal information through your computer, you may be able to seek civil redress through the common-law tort of invasion of privacy.

The common-law tort of invasion of privacy applies when the illegal access occurs through an electronic storage device, such as a computer system. According to the New Jersey Wiretap Statute, a spouse can also seek a civil remedy. The criminal statutes of New Jersey codified in sections 2C:20-25, 2C:20-31, 2C:20-32, and 2C:20-30, or any combination thereof, will be violated by anyone gaining illegal access to a computer system.

Consequently, there is a legal recourse in New Jersey for cases where an individual intentionally invades a spouse's privacy by using a PIN or password or by obtaining personal data or information without consent.

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