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  1. #61
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
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    Unless you are actively doing something after your termination to deny her access to her data, you are not breaking the law.
    That is a legal determination that you nor I are qualified to make.

  2. #62
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting PayrolGuy
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    For all we know a single workstation is an entire network at this employer. But NJ Rev Stat 2C:20-25 (2019) in part says this.
    The statute you cited has nothing to do with the situation at hand.

    2C:20-25 Computer criminal activity; degree of crime; sentencing.

    4.A person is guilty of computer criminal activity if the person purposely or knowingly and without authorization, or in excess of authorization:

    a.Accesses any data, data base, computer storage medium, computer program, computer software, computer equipment, computer, computer system or computer network;

    b.Alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer system or computer network, or denies, disrupts or impairs computer services, including access to any part of the Internet, that are available to any other user of the computer services;

    c.Accesses or attempts to access any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property, personal identifying information, or money, from the owner of a computer or any third party;

    d. (Deleted by amendment, P.L.2003, c.39).

    e.Obtains, takes, copies or uses any data, data base, computer program, computer software, personal identifying information, or other information stored in a computer, computer network, computer system, computer equipment or computer storage medium; or

    f.Accesses and recklessly alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network.

    g.A violation of subsection a. of this section is a crime of the third degree. A violation of subsection b. is a crime of the second degree. A violation of subsection c. is a crime of the third degree, except that it is a crime of the second degree if the value of the services, property, personal identifying information, or money obtained or sought to be obtained exceeds $5,000. A violation of subsection e. is a crime of the third degree, except that it is a crime of the second degree if the data, data base, computer program, computer software, or information:

    (1)is or contains personal identifying information, medical diagnoses, treatments or other medical information concerning an identifiable person;

    (2)is or contains governmental records or other information that is protected from disclosure by law, court order or rule of court; or

    (3)has a value exceeding $5,000.

    A violation of subsection f. is a crime of the fourth degree, except that it is a crime of the third degree if the value of the damage exceeds $5,000.

    A violation of any subsection of this section is a crime of the first degree if the offense results in:

    (1)a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. The term "substantial interruption or impairment" shall mean such interruption or impairment that:

    (a)affects 10 or more structures or habitations;

    (b)lasts for two or more hours; or

    (c)creates a risk of death or significant bodily injury to any person;

    (2)damages or loss in excess of $250,000; or

    (3)significant bodily injury to any person.

    Every sentence of imprisonment for a crime of the first degree committed in violation of this section shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.

    h.Every sentence imposed upon a conviction pursuant to this section shall, if the victim is a government agency, include a period of imprisonment. The period of imprisonment shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole. The victim shall be deemed to be a government agency if a computer, computer network, computer storage medium, computer system, computer equipment, computer program, computer software, computer data or data base that is a subject of the crime is owned, operated or maintained by or on behalf of a governmental agency or unit of State or local government or a public authority. The defendant shall be strictly liable under this subsection and it shall not be a defense that the defendant did not know or intend that the victim was a government agency, or that the defendant intended that there be other victims of the crime.

    A violation of any subsection of this section shall be a distinct offense from a violation of any other subsection of this section, and a conviction for a violation of any subsection of this section shall not merge with a conviction for a violation of any other subsection of this section or section 10 of P.L.1984, c.184 (C.2C:20-31), or for conspiring or attempting to violate any subsection of this section or section 10 of P.L.1984, c.184 (C.2C:20-31), and a separate sentence shall be imposed for each such conviction.

    When a violation of any subsection of this section involves an offense committed against a person under 18 years of age, the violation shall constitute an aggravating circumstance to beconsidered by the court when determining the appropriate sentence to be imposed.

    L.1984,c.184,s.4; amended 2003, c.39, s.3.

  3. #63
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
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    The statute you cited has nothing to do with the situation at hand.
    Care to explain?

  4. #64
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    You need access to the system or network which OP no longer has (a,b,c,e,f). Read through the statute and tell me which subsection you think applies to an ex-employee refusing to disclose his workstation password.

  5. #65
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    Oct 2014
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
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    You need access to the system or network which OP no longer has (a,b,c,e,f). Read through the statute and tell me which subsection you think applies to an ex-employee refusing to disclose his workstation password.
    I agree that statute does not apply to a mere refusal of an ex-employee to provide his/her password. The spouse/employer did a poor job in setting up the computer system if she somehow gave her employee the only keys, as it were, to the computer system. Any good IT system will be set up so that nothing in the system is dependent on access by a single person. At the very least the spouse/employer should have had it set up so that she always had access to everything so that no matter what happened to the husband/employee whether death, illness, termination she wouldn't be stuck without access to the computer system. So unless there is more to this story about the computer passwords (and who knows, maybe there is more to it) I don't see any legal obligation on the OP's part to cough up the password. The computer problem would seem to be a mess of the spouse's own making.

    However, if the lack of access ends up diminishing the value of the business that may mean he gets less in the divorce as one of the assets the business is worth less as a result and thus there is less to divide. So the OP needs to look at the total picture and decide what course of action will give him the best overall result when all the dust settles on the divorce. I've seen several divorces in which the spouses pursued a strategy of frustrating each other at every turn because it felt good just to spite the other, not realizing how much they both were losing in the process. In one of those divorces the scorched earth approach ultimately meant there was nearly a quarter million dollars loss in value of marital assets, which along with the all the fees they paid their attorneys for all their battles (which was substantial) they each ended up about $200,000 poorer at the end of the divorce as a result of it.

  6. #66
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    OP's own words in post #13:

    The workstation was basically a backup for data that all exists elsewhere, either on cloud data storage or on other workstations. But somehow this is causing her "great financial harm." It's like she's already forgotten we've worked together quite closely for the past few years so I know for a fact, this is nothing more than a matter of convenience and certainly no financial threat to the asset.

  7. #67
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
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    You need access to the system or network which OP no longer has (a,b,c,e,f). Read through the statute and tell me which subsection you think applies to an ex-employee refusing to disclose his workstation password.
    There is nowhere in that law that says you have to have current access to the system.

    If the OP is the only one that has the password it is logical to assume he is the one that set the password in the first place as an employee.

  8. #68
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting PayrolGuy
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    There is nowhere in that law that says you have to have current access to the system.

    If the OP is the only one that has the password it is logical to assume he is the one that set the password in the first place as an employee.
    Each subsection says the perp has access to the system. OP doesn't have access.

    Read the statute and tell me which subsection you think applies. The OP is not the only one that has access to the system it is only his workstation that he has the password to.

    If you don't think I am correct then read TM response. The statute has nothing to do with the present situation.

  9. #69
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    b.Alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer system or computer network, or denies, disrupts or impairs computer services, including access to any part of the Internet, that are available to any other user of the computer services;

    "b." doesn't

  10. #70
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    That is denial of service. It has nothing to do with the password to a former employee password to a workstation.

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