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Im a systems administrator. I own the network, the servers

I'm a systems administrator. I...
I'm a systems administrator. I own the network, the servers & manage our customers' email and web sites. Under certain unique circumstances, I discovered death threats that were directed at ME, from a user on a remote network to a user on my network. I reported it to police, but no action was taken. An atty suggested that I seek a civil restraining order and use this material as cause (there's other stuff too). The users have alleged that I committed "hacking." I contend that hacking isn't possible when I have completely unlimited access to all files on all of my servers as the owner & systems administrator, without having to hack or crack. In fact, the complaint alleges that I hacked or tapped into MY machines (which is impossible). My question is, am I correct in asserting that discovery of threats against me on my own machines is not a violation of any law? Can I show these messages as evidence of harassment in a court?
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Answered in 11 hours by:
6/2/2009
A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
Verified

First and foremost, thank you for choosing justanswer.com. I am a licensed attorney and member of the American Bar Association.

 

You are correct in your assertion that you cannot "hack" into your own computer network. The employees and other users of your network have a lowered expectation of privacy because of the fact they are using equipment not owned or maintained by them personally. The users cannot expect emails, etc., to be 100% private because of this lowered expectation of privacy and, thus, do not have a cause of action against you. Your strongest argument is the fact you own and maintain the network, etc.; your argument gets stronger if the individuals involved also knew you owned and maintained the network. Because of the above, you can use the messages as evidence of harrassment in court.

 

I hope this helps. Please, click "Accept" if you found my answer helpful so I may be given credit for my response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you and good luck!!!!

A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
Verified
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A.S.B., Esq.
A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
148 Satisfied Customers
Experience: I am an Assistant District Attorney, and former criminal defense attorney.

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