Electronic Privacy Act


#1

That’s an interesting question. If it is set to “private” and he is hacking, I’d say offhand that yes, it’s an invasion of privacy. But then again, it’s posted on a page rather than transmitted. If someone chose to pull up your page while he is at their house and show them, then it becomes really vague. (something about interception of communication) I think if you could prove that he had hacked in, then you’d have something, but that would be difficult. Helen?


#2

He may just be blowing smoke. Do you have proof he’s getting into your account? I would make sure I change passwords or even just delete the myspace account and create a new one. If he’s not in the house anymore I don’t see how he can hack into the accounts, but I’m no IT specialist [:)].

Sometimes folks SAY they’re doing something to get you riled up. It’s called manipulative control.


#3

I agree that he is probably just blowing smoke to manipulate or threaten, however, there are ways he could be accessing her MySpace account, most of them would be very difficult for him to do, some very easy.

The easier ones:

#1) If he has your account and password…easy fix, change the password to something he couldn’t even guess.

#2) As I mentioned before, if a mutual friend who has visibility of your page is granting him access.

#3) If he has given you reason to believe that your MySpace account isn’t the only thing he’s been monitoring, there may be a keystroke logger installed on your computer. There is software/freeware out there which will search for it, and remove it, although there may be some more complicated steps to insure that it is completely gone. (If you find one of these that he’s installed, be sure to keep your log files which demonstrate its presence as evidence that he has violated your right to privacy.)

#1 & #3 he couldn’t really use against you because that would be a definite violation of privacy, but #2 is questionable and we’d need Helen to say whether or not it could be used.


#4

I would have to agree with the other posters that if he’s hacking in it is illegal, even if he has your password. Change the password and see what happens. He may very well just be trying to get you to worry.

Not to sound too indifferent about this, but what does he mean by monitoring? Could he just mean that he’s looking at it every day to make sure that there’s nothing that he could use for ammo in a custody case, or trying to prove that an affair is going on, or is there something more to “my space”? I admit I do not know a lot about “my space” but I would assume that there’s no information that you could post that an X wouldn’t already have access to…


#5

He says he is “monitoring for childrens safety”. . .what ever that means. E-mail address and password was changed and he still says this. There is nothing there that would endanger the children; it’s a privacy issue. He is a lot of talk and threats.
When researching I saw that you can “flag” when people log into a specific account and he may be notified of that; however, I don’t know if he is accessing the actual myspace page; other than what he said; if that’s the case; does this still come under the Privacy Act and can you file charges based on his “written words”?

thanks


#6

I’d be willing to bet he has a keylogger on your computer. If he’s in IT, he’s probably got it hidden on there. He also can access your computer from outside the house. My ex had my parents set up so he could fix it from our house when they screwed something up.

Go with the notion that EVERYTHING is public. Especially myspace. There are always ways to see things online. Even I have seen private myspace pages by googling for the information. They never work for long, but they do until it’s caught.

I would probably have my computer looked at by a professional. Make sure there is nothing on it that he’s accessing. I would also ask them about firewalls and the best way to protect yourself from people getting on your network.

Don’t post anything on myspace you wouldn’t want the public to see. Personally, I got tired of things, removed all my personal information and only blog about the weather and keep it public.


#7
quote:
[i]Originally posted by stepmother[/i] [br]I would have to agree with the other posters that if he's hacking in it is illegal, even if he has your password. Change the password and see what happens. He may very well just be trying to get you to worry.

Not to sound too indifferent about this, but what does he mean by monitoring? Could he just mean that he’s looking at it every day to make sure that there’s nothing that he could use for ammo in a custody case, or trying to prove that an affair is going on, or is there something more to “my space”? I admit I do not know a lot about “my space” but I would assume that there’s no information that you could post that an X wouldn’t already have access to…


MySpace pages are webpages which can have restricted access if marked "private". Simple explanation: You can choose who has "permission" to view your web page through MySpace. Anyone who doesn't have "permission" to view your page(s), cannot see them. The permissions are either set at the directory level or the file level, depending upon the organization of the site, so it would be difficult for him to access such information unless he was doing it through some sort of contact with your computer or another person who had access to your page.

Baba…sounds like he’s talking a load of @#$% to me. I don’t think there’s enough there to file charges since there’s no proof other than his statement (which is probably a lie) to show that he’s actually done any such thing.

Hell, I think I’d personally be tempted in such an instance to create a new MySpace page just for him, fill it with pics of fluffy bunnies and other such harmless stuff, grant him full access to view it, and send him the link so that he can monitor away. :wink:


#8

Thank you for the information. I believe I’d have to go with my original feeling that unless you are posting things extremely personal or illegal on any website , it really shouldn’t make any difference.
It sounds like he’s “monitoring” a site he’s had access to previously to keep tabs on you. I honestly don’t see how he could be hacking into your account unless as one of the others suggested, there’s a key logger or networking system that you aren’t aware of.
If he is hacking into the account this would really not be an issue either because he obviously already knows where you live, your last name, probably your SSN, and any other private information. Anything that you wouldn’t want him knowing about would be recent dating or personal involvement or activities… if you have children, I’d be almost positive that he already knows (kids have a way of telling on you regardless of whether or not they are questioned) so there would be no reason for him to try to find out if you have a private web site with this information…as a previous poster said, treat everything on the internet as public and if you don’t want him to know, don’t post it.
Like I said, I don’t understand what he could be monitoring and what difference it could possibly make if he is. Post pictures of you in your bathing suit or the kids playing in the backyard…pictures of you looking great and the kids having a good time, even with a significant other. Give him something to “monitor” and then when he calls you or e-mails you about it, tell him that there’s nothing illegal about what you have posted and that there’s nothing he can do about it. Let him know that you aren’t worried about him monitoring you and let him waste his time and effort.


#9

Without any proof beyond this statement it would be hard for you to prove anything, even if a myspace page is private there are portions that can be exposed to the public. You should change your password and make sure he does not know what it is.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#10

I’ve read the info on this site about the electronic privacy act FAQ’s and it is very confusing.

If person has a “myspace” account and the X (in writting) said " I monitor your myspace acct’t" (he is an I.T. specialist) and very capable. The myspace account is set to private so he is somehow hacking in . . .does this come under the invasion and can he be held legally accountable should it be pursued in court based on his comment?

Thanks