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Cyber Law: Victim of Hacking Into Email System Has Right to Identity of Hacker. By Nick Hildebrand and Greg Poppert. Summary of Case.
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Cyber Law: Victim of Hacking Into Email System Has Right to Identity of Hacker By Nick Hildebrand and Greg Poppert
Summary of Case • Ludlow, the CEO and founder of Mobilisia, a wireless communication company that provides systems to customers, including the military sent a personal message to his girlfriend and six days later, many people, including Mobilisa’s managers, received a copy of that email with a note: “Is this a company you want to work for?” This message came from a website called the anonymousemail.com, own Mobilisia owned by TSB. Mobilisia sued John Doe as defendants for violating federal laws addressing electronic communications and asserting a common law claim of trespass to chattel (personal property). His request was granted by a trial court.
Key Words • Email - messages that are sent electronically from one computer to another • Anonymous Messages – Messages received from an unknown contact. • Trespass - an unlawful act committed on the person, property, or rights of another; especially : a wrongful entry on real property • Identity - the distinguishing character or personality of an individual
Decision • The case was remanded, TSB had to notify the anonymous sender of Mobilisia’s request for his or her identity. The sender has to be given a chance to respond before discover happens. If the sender does not cooperate, Mobilisia can request to force discovery. Mobilisa doesn’t have to show that it was damaged by the anonymous email for it to have the right under federal law that combats unauthorized access to stored communications.