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Ask Chad Van Cleave Your Own Question
Chad Van Cleave
Chad Van Cleave, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 16
Experience:  Representation of federal criminal defendants on trial and appellate levels.
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My personal email account was recently breached. This

Resolved Question:

My personal email account was recently breached. This happened after my internet provider allowed an unauthorized change to my security question answer, and then "lost the log" regarding the call that made the change. This breach has allowed all my email (incoming and outgoing) to be viewed, and also gave that unknown person the ability to send email in my name and from my address. The provider is saying it was "human error". Do I have any recourse? Do federal and state laws considered this to be either a felony or misdemeanor crime? Thank you for your response
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Chad Van Cleave replied 8 years ago.

Whether anything can be done will probably turn on whether the internet provider had any involvement beyond just taking a call from someone, like if they were actually involved in the breach somehow. Unless there was some damage done that may be recoverable, there would likely be no recourse through any civil proceedings. If there was some damage, like damage to your credit or loss of any money because of it, then you may have a claim for damages in a civil proceeding. Nothing about this would be a state or federal crime, unless the provider actually knew what was going on, and made the change of the login information anyway.

I am licensed to practice law in California, but my practice is primarily federal criminal defense, with some civil practice mixed in.

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