2005-07 Victim Notification Form for State v. nicoll

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Mtt Of h +ti Lincoln S.T. Ashida Harry Kim Corporation Counsel Mayor Gerald Takase Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 October 11, 2005 MEMORANDUM Corporation Counsel Memorandum 2005-07 TO: ALL COUNTY OFFICERS AND EMPLOYEES FROM: LINCOLN S. T. ASHIDA Corporation Counsel RE: Victim Notification Form for State v. Nicoll Some of you have asked our office whether any action is necessary upon receipt of the attached Victim Notification form from the Adult Probation Division of the Third Circuit Court. Caylan Nicoll was successfully prosecuted for the offense of Unauthorized Computer Access in the Second Degree, for his actions in accessing various email accounts of County officers and employees in 2002 and 2003. Contrary to what may have been inferred in media reports, the County of Hawai'i's computer system was not compromised. Nicoll was able to obtain passwords from the County's former internet service provider. It was the internet service provider's system which was compromised. The County has since contracted with another internet service provider. Pursuant to State law, all victims of serious crime must be afforded the opportunity to provide input to the Court prior to a defendant being sentenced. This is why the probation department may have sent you the enclosed form. If you received this form, presumably your department or your individual email account may have been accessed by this individual. The decision whether to provide any written input is up to you. You are not required to provide any input at all. The County Department of Data System reports there should not have been any monetary loss by the County or its officers or employees occasioned by this crime, so we assume there will be no claims of restitution from any of our officers or employees forthcoming. However, if we are in error and you do intend on submitting a claim with the Adult Probation Division, please promptly notify the Department of Data Systems and our office. Hawaii County is an Equal Opportunity Employer and Provider