Legal Question in Technology Law in California

Dormmates Steal and Invade Privacy

I am a student at UC Berkeley and lived in the dorms with a roommate. After a month long medical leave, I returned to collect my belongings and discovered my room disheveled, some of my property stolen, and my computer used without my permission. I called the UCPD and they said that the computer hacking was not illegal and the theft was a misdemeanor that would not be investigated. I filed a report about the theft already. I am quite sure that my roommate is involved along with others on my floor. Is it true that breaking into a person's password-protected computer and looking at their files is not illegal? What about the fact that the person visited websites with my computer and the dorm connection was registered in my name? What about the theft? Are the police being uncooperative with me?


Asked on 5/23/07, 8:20 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Dormmates Steal and Invade Privacy

They are being realistic. What you describe may well qualify as a crime or at a minimum a civil tort, but the UCPD would have no time for other things if they worked all the complaints about what you describe. You are at least in part responsible for leaving your computer without password protection and in your room for so long. I spent 6 years in a boarding school from 12 to 18 with no locks on our doors or even doors on our stalls. If we caught someone stealing...they never did it again and they usually left school the same day for fear of their safety. We handle the same fact scenario in many of our cases, but the parties are companies and the damages are easy to quantify...at least for experts. Password protect your computer and use a good one like 1@Tc8G&

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Answered on 5/23/07, 9:26 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Dormmates Steal and Invade Privacy

Yes, the campus police are being uncooperative with you... they're campus cops...

If, as you say, your computer was password protected, and if they actually hacked your password, they may have violated federal law. You could try contacting the FBI and/or Secret Service, but I fear you'll get little satisfaction from them. Fact is, your dormmates aren't big-time computer criminals.. and they haven't stolen data or services of major value. The government has bigger fish to fry.

"looking at files" isn't the kind of thing for which the law will provide a meaningful remedy.

You should definitely make sure that your identity hasn't been stolen. You may want to notify your bank and credit card companies, and ask for new cards, account numbers, etc., It's probably also a good idea to look at your credit report now, and again in about 6 months, just to make sure you've not been victimized.

Good luck,

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Answered on 5/23/07, 9:56 pm


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