Hello...you asked:My partner, he owned 51%, put a keystroke software on my computer when we were partners between 2002 and 2006. We are a Massachusetts based company. Is that legal?
A: No. MGL ch. 266 sec. 120F
makes it a misdemeanor to access a computer without authorization. Each access represents a separate offense.
Can he use this information in an attempt to get me in trouble?
A: Difficult to say, because we don't know exactly what information he has in his possession. He says he has evidence of insurance fraud and tax evasion. Can this information be used or is it too easily tampered with?
A: Law enforcement can determine if the evidence is of sufficient quality to be admissible in a criminal trial. There is no way for me to make that determination without actually reviewing the information.
The data has to be at leat 7 years old, how do I combat this?
A: If it were me, I would call the police and let them handle the problem. I have no idea what I wrote to someone 7 years ago and in what context it was written. He is trying to extort me for money.
A: Extortion is a very serious crime. Once again, if it were me, I would call the police and let them handle the problem.
Obviously, if you know you have committed criminal acts in the past and there is evidence on your computer, then perhaps you don't want to say anything to the police. However, there is no property related crime in Massachusetts with a statute of limitations longer than 6 years, so it's unlikely that anything your ex-partner has could be used to prosecute you for a crime. MGL ch. 277 sec. 63
Please let me know if I can be of further assistance.