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  1. #11
    Join Date
    Jan 2006
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    38,867

    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Quote Quoting maxamillion125
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    Your not understanding. It's very easy to show a police officer that your website is offline and to show them company files are missing on a drive. Then telling them this IT employee whiz is the only one with credentials to access the website so therefore he must have taken it offline. His home computer's were seized during the arrest.

    I have no idea if he still receives company share profits and dividends this happened a month ago.
    i know it's very easy to show your website is offline. It is a lot more difficult to prove why it is offline. It is even harder to prove who took it offline.

    It is not very easy to show a cop there are missing files in a computer. The cop has no idea where anything is in the file system. It also does not prove who altered the files or if they were actually altered. The cop has no idea if there was ever any data in any given file folder.

    Oh, and to really prove this is all bs;

    there would be absolutely no need to obtain a warrant for anything here. The owner of the company could simply give permission for the cops to look at anything needed.

  2. #12
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Okay, let's say it went down exactly as you imagine. The owner said, This person deleted files, and the cops said, Okay, and trotted right off and arrested him.

    Why do you think that whether he was or was not an owner matters a whit as to whether deleting the files is a criminal matter or not?

  3. #13

    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Quote Quoting jk
    View Post
    i know it's very easy to show your website is offline. It is a lot more difficult to prove why it is offline. It is even harder to prove who took it offline.

    It is not very easy to show a cop there are missing files in a computer. The cop has no idea where anything is in the file system. It also does not prove who altered the files or if they were actually altered. The cop has no idea if there was ever any data in any given file folder.

    Oh, and to really prove this is all bs;

    there would be absolutely no need to obtain a warrant for anything here. The owner of the company could simply give permission for the cops to look at anything needed.
    Its really annoying dealing with people who have no idea about technology. 95% of the time small/medium businesses host their websites with a web hosting service, which means it can be accessed anywhere, anytime by anyone who has the log in info. Likewise many small businesses use online storage "cloud" to host documents or other info. Again, this can be accessed by anyone who has the log in credinatls. Even if it were saved on an internal server at the office it can still be accessed by anyone who knows the log in credentials. The warrant was to obtain all his home computers and phones in an attempt to prove these computers were used in this manner. Apparently he was unfairly "fired" during this confrontation and made a little scene on the way out. Which would show motive, combined with the majority owner falsifying information hence the trumped up charges.]

    Because the charge implies it was unauthorized and without the consent of the owner. He was portrayed as simply a regular hourly employee rather then an owner and share holder in the company with privileges.

  4. #14
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Unlawfully Accessing a Computer and Deleting Files

    I know a lot more than you apparently think I do. You are the one lacking in knowledge here

    i have no idea why you make an issue about offsite servers. Yes, many businesses utilize them. You're point? Anybody with half a brain will have independent log on identifiers and if implemented properly even the it guy doesn't have access to them (think Apple). So, when the account is logged into their is a record if who. On top of that there is a record of where they are logged in from. Then there is a record of their activity. So, you're point was? Oh ya, you don't have a VALID point.

    You are the one that said a warrant was obtained and then went on to say the owner of the business showed the cops whatever. You never said a word about them confiscating his computers

    but boy of little sense; a business does not have to use remote servers (which is what cloud storage is as well) to be able to access company computers and files from a remote access point. Anytime there is telephony connection or any sort of Internet connection it can be set up to allow for access, and actual control of a remote computer or server.

    apparently your friend, who actually has no ownership interest in the company got fired (fair is irrelevant but also a matter of perspective but given his immature and illegal actions, I suspect there was nothing unjust about the termination) and decided to attempt to sabotage the company. Too bad for him, especially since you put the truth he did do it out on the Internet. He need to hire a damn good lawyer. Maybe you should spend your efforts helping him find one rather than chasing unrealistic dreams on the Internet.

    as to him being a shareholder;

    you said there is nothing written proving his ownership. If he is a shareholder there would be record of the transfer of interest to him. Along with thst there would be a record of him as a member of the LLC along with a record of the value of his interest and his financial contribution to the LLC.

    All he has to do is show that to the prosecutor and it proves he is an owner

    it won't mean he didn't commit a crime though. Even if he is an owner he still cannot sabotage the company as he did.

  5. #15
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Quote Quoting maxamillion125
    View Post
    My friend was charged with unlawful use of computer and criminal intent for deleting a company website and some files.
    Presumably this:
    Quote Quoting Idaho Statutes, Sec. 18-2202. Computer crime.
    (1) Any person who knowingly accesses, attempts to access or uses, or attempts to use any computer, computer system, computer network, or any part thereof for the purpose of: devising or executing any scheme or artifice to defraud; obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or committing theft; commits computer crime.

    (2) Any person who knowingly and without authorization alters, damages, or destroys any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation, or data contained in such computer, computer system, or computer network commits computer crime.

    (3) Any person who knowingly and without authorization uses, accesses, or attempts to access any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation or data contained in such computer, computer system, or computer network, commits computer crime.

    (4) A violation of the provisions of subsections (1) or (2) of this section shall be a felony. A violation of the provisions of subsection (3) of this section shall be a misdemeanor.
    Quote Quoting maxamillion125
    View Post
    It's very easy to show a police officer that your website is offline and to show them company files are missing on a drive. Then telling them this IT employee whiz is the only one with credentials to access the website so therefore he must have taken it offline. His home computer's were seized during the arrest.
    You have told us that he deleted the files. He may hope to lie to the police, and hope that the forensic trail won't lead back to his IP address and accounts, but we are not in a position to comment on the evidence trail.
    Quote Quoting maxamillion125
    View Post
    Apparently he was unfairly "fired" during this confrontation and made a little scene on the way out. Which would show motive, combined with the majority owner falsifying information hence the trumped up charges.
    You told us that your friend deleted the files after he was fired, so nothing about the charge is "trumped up".
    Quote Quoting maxamillion125
    Because the charge implies it was unauthorized and without the consent of the owner. He was portrayed as simply a regular hourly employee rather then an owner and share holder in the company with privileges.
    Again, nothing about being a co-owner (let alone one who cannot document an actual ownership interest) gives you the right to sabotage a business. And obviously, nothing about being a fired, former hourly employee gives you the right to sabotage a business.

    I'll add this: A cache of your former employer's website, which is still down, describes your boss as "the owner" (not "an owner") of the business, and describes you as the chief operations officer without describing any ownership interest. (You're a computer guy, yet you ignored the instruction about not using a username that would allow people to figure out who you are?)

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