Certainly hacking email should be if it isn’t illegal but I know that my email is used by my provider to market stuff to me and the NSA looks at it. I’m not saying this guy is okay but I’m trying to see where the crime is. I think that the identity theft charges are bogus. If someone puts a naked photo out there on the internet, it seems to be that it’s public. What’s the expectation of privacy? If the ex friend scans a nude photo and puts it out there then he might be the criminal. But I still don’t see it as identity theft. It sort of feels like the defense against slander or libel, truth is a defense.
I believe they are looking at extortion as people were forced to pay several hundred bucks to get the pictures taken down.
There is also some vague law about cyber bullying.
It’s one thing to post a pic of yourself on an open sight, or even a pay sight on the web. It’s a totally different matter if they go inside your email as they did with Sarah Palin and steal things they were not supposed to ever be privy to.
That is stealing and it is illegal. Just ask the college kid who was convicted by the federal government for hacking Palin’s email.