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Posted by: csauce777

Can anyone throw out an MGL or charge for destruction of computer files? I thought there was one, but I cant put my finger on it. Any help?

For hypothetical example purposes...

An employee becomes angry at their employer and destroys/erases various important computer files that are paramount to the employers business. Any ideas?

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Posted by: OutOfManyOne

CHAPTER 266. CRIMES AGAINST PROPERTY

Chapter 266: Section 127. Personal property; malicious or wanton injuries

Section 127. Whoever destroys or injures the personal property, dwelling house or building of another in any manner or by any means not particularly described or mentioned in this chapter shall, if such destruction or injury is wilful and malicious, be punished by imprisonment in the state prison for not more than ten years or by a fine of three thousand dollars or three times the value of the property so destroyed or injured, whichever is greater and imprisonment in jail for not more than two and one-half years; or if such destruction or injury is wanton, shall be punished by a fine of fifteen hundred dollars or three times the value of the property so destroyed or injured, whichever is greater, or by imprisonment for not more than two and one-half years; if the value of the property so destroyed or injured is not alleged to exceed two hundred and fifty dollars, the punishment shall be by a fine of three times the value of the damage or injury to such property or by imprisonment for not more than two and one-half months; provided, however, that where a fine is levied pursuant to the value of the property destroyed or injured, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the property so destroyed or injured. The words “personal property”, as used in this section, shall also include electronically processed or stored data, either tangible or intangible, and data while in transit.


FELONY

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Posted by: SOT

What about someone who has passwords, gets fired from the job and then won't give over the password? to computer files/e-mail/voice mail.

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Posted by: 94c

Quote:

Originally Posted by SOT What about someone who has passwords, gets fired from the job and then won't give over the password? to computer files/e-mail/voice mail.

doesn't sound like a crime to me...

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Posted by: Crvtte65

Quote:

Originally Posted by SOT What about someone who has passwords, gets fired from the job and then won't give over the password? to computer files/e-mail/voice mail.

Sounds civil, though interesting

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Posted by: CJIS

Quote:

Originally Posted by SOT What about someone who has passwords, gets fired from the job and then won't give over the password? to computer files/e-mail/voice mail.

Almost any password can be reset with a little bit of work. For example when a co worker forgets their Windows password I can change the Microsoft SAM file using a Linux based boot program to reset it. (This is if I don't have and Admin account on that machine) Many Bios passwords can be changed by Popping out the Bios Battery. Registry Keys can be modified, Firmware re-installed etc.

Granted there are some that are more of a pain than others and you may more than likely may screw something up trying to reset it but oh well.

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Posted by: UnlawfulDesign

I dont know the circumstance of the case however, if the criminal element/s exist

Ch 266 sec 120f Unauthorized Access to a Computer

Ch 266 sec 145 Theft of Public Records

Ch 266 sec 126a Wanton Injury to Property

If no Criminal elements exist look under Civil Action MGL CH 93

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Posted by: kttref

Quote:

Originally Posted by SOT What about someone who has passwords, gets fired from the job and then won't give over the password? to computer files/e-mail/voice mail.

There are also numerous (some very basic) programs out there to break passwords. No matter what you've been told - a password can be broke...and quickly. So it's not really a problem, especially if you have the toys to do what you need to do

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