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N Cal Atty
N Cal Atty, Lawyer
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Experience:  attorney at self
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I need to find an attorney who would follow up dynamically

Resolved Question:

I need to find an attorney who would follow up dynamically to my legal matters, for his and mine benefit.
As I am located overseas, this is difficult.
Is there any way to POST my legal needs to the CA Bar, so lots of attorneys would see them, and eventually someone would decide to take the case without me having to dig through thousands of attorneys in order to find the appropriate one?
Submitted: 5 years ago.
Category: Legal
Expert:  N Cal Atty replied 5 years ago.
You could place an ad in California Lawyer Magazine, but I can probably help you focus your search if you tell me which County is involved and what the nature of the legal problem is.
Customer: replied 5 years ago.
Its in LA County, and it has to do with curious people, geting unauthorized access to my personal Facebook and Yahoo account and MAIL.
Both companies warned me, and gave me the related info of the intrusions, and related IPs.
In Greece this is a Penal Code matter, I do not know what is in the States.

Thank you
Expert:  N Cal Atty replied 5 years ago.
Did this cause you any out of pocket loss?

Do you feel like a victim of identity theft?

Did they get to your email, snail mail, or both?

Customer: replied 5 years ago.
I dont think I had any pocket loss.
I feel like a victim of identity theft.
Yes they DID get to my email according to Yahoo. I dont know what is snail mail.
Expert:  N Cal Atty replied 5 years ago.
Snail mail is regular US mail.

You can get a free consultation from some of the identity theft lawyers in LA County listed by location at
http://lawyers.findlaw.com/lawyer/practicestatecounty/Internet----Cyberspace/California/Los-Angeles

My opinion is that you have a claim for invasion of privacy against anyone who allowed someone to access your emails.
N Cal Atty and other Legal Specialists are ready to help you
Expert:  N Cal Atty replied 5 years ago.
Thank you for accepting my answer.
Customer: replied 5 years ago.
Just a final clarification.
Its an invasion of privacy from someone who ALLOWED SOMEONE ELSE to access my emails, meaning that Yahoo could be responsible for allowing the intruders to have access to my emails?
Or it's an invasion of privacy to get unauthorized access to other people's mail period, so Yahoo has nothing to do?
And an "invasion of privacy" of this type is it against any written Federal and\or local Law in the States, so I may have a case?
I am asking because some colleague of yours has named this case as a "Computer Hacking" some days ago in this site.
I am trying to understand what is the name of the specific "crime" here.
Thanks a lot for your help
Expert:  N Cal Atty replied 5 years ago.
My opinion is that someone who hacks into your email account has committed an invasion of privacy and violated the ECPA, see
http://www.privacilla.org/business/online/ecpa.html
which states:
The Electronic Communications Privacy Act (ECPA) was passed by Congress in 1986 to bring new communications technologies under the umbrella of the federal wiretap laws. Though largely aimed at preventing invasions of privacy by government, the law also prohibited private-sector providers of electronic communications services from divulging their contents.

Intentionally hacking into your emails violates 18 US Code § 2510, at
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002511----000-.html
and/or 18 US Code § 2701, at
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002701----000-.html

Yahoo or any ISP that allows this to happen does not violate the above statutes, which both require intent, but can be held liable for negligence and possibly breach of contract for failing to protect your emails from hackers.

I have to ask which State this happened in if you want me to find the State law on this.
Customer: replied 5 years ago.
The State is California.
Expert:  N Cal Atty replied 5 years ago.
http://www.privacy.ca.gov/privacy_laws.htm
lists and summarizes California privacy laws.

Penal Code § 502(c)(2) makes it a criminal offense for anyone who
(2) Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer
network, or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer, computer
system, or computer network.
From
http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9

It can be argued that this would also violate Penal Code § 631, see
http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=630-638
but § 502 is more specific to computers.

If the person copied an email that had your image or voice, that would be a probable violation of Civil Code § 1708.8(b):
(b) A person is liable for constructive invasion of privacy when
the defendant attempts to capture, in a manner that is offensive to a
reasonable person, any type of visual image, sound recording, or
other physical impression of the plaintiff engaging in a personal or
familial activity under circumstances in which the plaintiff had a
reasonable expectation of privacy, through the use of a visual or
auditory enhancing device, regardless of whether there is a physical
trespass, if this image, sound recording, or other physical
impression could not have been achieved without a trespass unless the
visual or auditory enhancing device was used.
From
http://leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1708-1725

My opinion is that hacking your emails violated Penal Code § 502 and constituted an invasion of privacy, even in the absence of any statute. People have an expectation of privacy in their emails.

A federal court has interpreted § 502 to prohibit harvesting your email address, not to mention the contents of your emails, see
Facebook, Inc. v. ConnectU LLC
Case No. C 07-01389 RS (N.D. Cal., May 21, 2007).
summarized at
http://www.internetlibrary.com/alldecisions.cfm?byTopic=1
which states:
Denying in part defendant’s motion to dismiss, the Court held that Facebook had stated a valid claim under California Penal Code Section 502 by alleged that defendant knowingly accessed Facebook’s site and, in violation of the site’s prohibitions, copied user email addresses. One violates this section when he “knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.” This claim was valid notwithstanding the fact that ConnectU obtained such access by using, with their permission, authorized passwords given Facebook users.

The Court also allowed Facebook to proceed with common law misappropriation claims arising out of such activities, holding the same were not preempted by the Copyright Act.
///

I hope this information is helpful.
N Cal Atty and other Legal Specialists are ready to help you
Expert:  N Cal Atty replied 5 years ago.
Thank you for accepting my answer.
Expert:  N Cal Atty replied 5 years ago.
And thank you for the bonus!
Customer: replied 5 years ago.
Dear Lawyers.

In this case, there have been the following violations:
1) ECPA
2) 18 US Code § 2510
3) California Penal Code § 502(c)(2)

In brief, there has been an intruder
who has been intruding into my Facebook and Yahoo accounts, and
reading my MAIL.
I am located overseas, in Greece.
I am an American citizen.
The intruder is in LA.
Facebook and Yahoo informed me of the
actions, and the related Ips.
A person involved into this action
who's name is XXXXX XXXXX as in the name of the company in LA where the
intruding Ips belong, has already been CONVICTED in Greece for
illegally tapping my telephone lines and stealing my private
conversations.
The above individual owns big property
in either US and Greece.
I want to press all the related charges
for all the above Laws, Federal and State.
I want to ask for max $ compensation
for these bad actions committed against me (again).
The questions are:

A) Do I have to come in the States
now to do all this, or there is a procedure according which I can
begin everything from Greece, and come to the States for the Court
date?

Thanks a lot
Expert:  N Cal Atty replied 5 years ago.
As I mentioned, you can get a free consultation from some of the identity theft lawyers in LA County listed by location at
http://lawyers.findlaw.com/lawyer/practicestatecounty/Internet----Cyberspace/California/Los-Angeles

You can start a case in California for invasion of privacy, etc. without having to physically be present in California, as long as you have an attorney there. A California lawyer could also assist you in making reports to law enforcement agencies in the US.

I hope this information is helpful.
N Cal Atty and other Legal Specialists are ready to help you
Expert:  N Cal Atty replied 5 years ago.
Thank you for accepting my answer.

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