someone tampering with my email

[tjh1]

What is the name of your state (only U.S. law)? North Carolina, former co-worker read my email, he knew my password, deleted some emails probably, can i have him charged with a crime? i believe he remotely accessed my work email

[JETX]

Originally Posted by tjh1

What is the name of your state (only U.S. law)? North Carolina, former co-worker read my email, he knew my password, deleted some emails probably, can i have him charged with a crime?

Nope. Email is not protected. Also, its 'protection' (password) is entirely within your control.

i believe he remotely accessed my work email

Then change your password.

[Stevef]

Originally Posted by tjh1

i believe he remotely accessed my work email

It wasn't your email, it was your employer's email. Your employer could file a complaint for computer trespass (North Carolina General Statutes § 14-458)

[JETX]

Originally Posted by Stevef

Your employer could file a complaint for computer trespass (North Carolina General Statutes § 14-458)

Sorry, nice try. Intercepting an individuals email is NOT a violation of the statute you cite.

Here is the statute:
§ 14‑458. Computer trespass; penalty.
(a) Except as otherwise made unlawful by this Article, it shall be unlawful for any person to use a computer or computer network without authority and with the intent to do any of the following:
(1) Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs, or computer software from a computer or computer network.
(2) Cause a computer to malfunction, regardless of how long the malfunction persists.
(3) Alter or erase any computer data, computer programs, or computer software.
(4) Cause physical injury to the property of another.
(5) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network.
(6) Falsely identify with the intent to deceive or defraud the recipient or forge commercial electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk commercial electronic mail through or into the computer network of an electronic mail service provider or its subscribers.

Email is NOT considered "computer data, programs or software". There also is no evidence that the interloper (if any) did anything with the "intent to deceive or defraud the recipient".

[Stevef]

Originally Posted by JETX

Email is NOT considered "computer data, programs or software". There also is no evidence that the interloper (if any) did anything with the "intent to deceive or defraud the recipient".

I consider email messages data, specifically when they reside on an email server, and likely in a database (Postfix uses a MySql database to store messages). They occupy space on the server. From an IT standpoint, email certainly is data.

Unfortunately, I have no access to any NC caselaw that states stored email messages are considered something other than data, so I guess I'll have to take your word for it.

[quincy]

I agree with you, Stevef, that the emails would be considered "data" for the purposes of §14-458.

The State of North Carolina's Statewide Information Security Manual defines and classifies information and data, and emails are considered data in this manual.

[JETX]

Originally Posted by quincy

I agree with you, Stevef, that the emails would be considered "data" for the purposes of §14-458.

The State of North Carolina's Statewide Information Security Manual defines and classifies information and data, and emails are considered data in this manual.

Hmmmm.... WHERE does it say that?? I always find it suspicious when someone makes a claim that some manual or statute says something.... then fails to provide any PROOF of their claim.

I took a look at the manual (see link below) and under 'Classifying Information and Data', it only says:
The originator of a telephone call, a telex/cable, a facsimile transmission, an email, a computer transaction, or any other telecommunications transmission should be aware of the possibility of compromise of confidentiality or integrity of the information transmitted and determine whether the information requires additional special protection and handling.
[url]http://www.scio.state.nc.us/SITPoliciesAndStandards/Statewide_Information_Security_Manual.asp[/url]

Email is NOT data, as intended by the statute. The statute is intended to protect company DATA (critical information) and software from being destroyed or altered... and to prohibit anyone using someone else's servers to propagate their SPAM.

Finally, I think this entire 'suggestion' is off-topic (and moot) as there is ZERO chance that the OP would take this to his/her employer and the employer considering pursuing criminal complaint over a simple "He read my email". And even less likely that it would be reported unless the contents were NOT related to business.

[Stevef]

Originally Posted by JETX

Email is NOT data, as intended by the statute. The statute is intended to protect company DATA (critical information) and software from being destroyed or altered... and to prohibit anyone using someone else's servers to propagate their SPAM.

I disagree that the statute was not intended to protect email. Companies routinely send purchase orders, invoices, contracts, and plenty of critical information via email, that ends up stored on an email server.

Finally, I think this entire 'suggestion' is off-topic (and moot) as there is ZERO chance that the OP would take this to his/her employer and the employer considering pursuing criminal complaint over a simple "He read my email". And even less likely that it would be reported unless the contents were NOT related to business.

This part I mostly agree with. I was trying to point out that OP had no cause of action against co-worker. The complaint would have to be filed by the employer, so the discussion is moot.

A minor point is that the complaint was "He deleted my email", not "He read my email".

OP should change his password and report the security to his employer.

[JETX]

Originally Posted by Stevef

I disagree that the statute was not intended to protect email. Companies routinely send purchase orders, invoices, contracts, and plenty of critical information via email, that ends up stored on an email server.

You really need to go back to school and learn networking and email servers.

A minor point is that the complaint was "He deleted my email", not "He read my email".

Hell, you can't even get THAT correct.... the OP said "former co-worker read my email, he knew my password, deleted some emails probably". There is NO evidence that emails were really deleted.

OP should... report the security to his employer.

By all means.... and the employer says, "Gee, Bob, what emails do you think he read?". Bob responds, "It was a political email about how NO-Bama is not qualified to be President!".
Employer then says... "Improper use of MY equipment. Bob, please report to Human Resources."

[Stevef]

Originally Posted by JETX

You really need to go back to school and learn networking and email servers.

Pretty funny. I wonder if they'll let me sit in on my own class.

[quincy]

Nice comeback, Steve.

You might want to try the Manual itself, Jet. The following link gives you the complete 215 page manual, and Chapter 1, Section 1 sets the classification standards. Because emails are considered data in the North Carolina Information Security Manual, I think it is fairly safe to say that emails are considered "data."

[url]http://www.scio.state.nc.us/documents/docs_Active/Statewide%20Information%20Security%20Manual/Combined%20Approved%20Chapters%20of%20Security%20Manual.pdf[/url].

Whether there is any action here to pursue, or that is worth pursuing, I will leave to the both of you to debate.