If btc-e actually cooperated and provided any information of other customers in this situation (without a police/court order) it would set an alarming precedent and I am sure they would lose many customers over it.
Wouldn't his BTC/Cash still be considered stolen? I mean if someone breaks into your house while your away and you only locked the one door lock, would it make it any less of a break in or explained as a 'unauthorized entry' because the home owner had a dead bolt and/or alarm system that he didn't use? Sure he had extra precautions he didn't utilized that may have prevented the break in, but it doesn't lessen the fact that someone still broken in to his house all the same, no?
As to the OP, you should defiantly enable 2FA if you haven't yet. Say your house gets broken into, you are basically using the argument "I didn't bother to lock my door because thieves could have just picked the lock anyway". Hopefully that puts it into a better perspective.
Very sorry for that loss though, I do hope you get some form of resolution from it
- From a legal standpoint I assume it would still be theft.
- From a literal standpoint, no money actually left his account--only unauthorized transactions took place.
Regardless of anyone's personal feelings the distinction between these two is vitally important is that he falls into the second category and is asking the exchange to reveal confidential information about other users of the service without a court order/warrant. The idea that any exchange or organisation would reveal such private information about its customers with no court order/warrant would basically never happen in a million years.
Even with a court order/warrant you're assuming that anyone who was "the other half" of his transactions is guilty and putting their privacy at stake--this is likely impossible to ascertain and sounds more like a matter for a legal investigation.
Should an exchange breach other user's privacy because some guy didn't bother to use 2FA? No, and if the answer was yes then no one would ever use that exchange ever again.
Personally I abhor people that steal or gain access to other users accounts and then proceed to do malicious things, I believe they should be persecuted to the fullest extent of the law. Having said that, in this instance the victim (i.e. the author of this thread) should realize how their naivety and laziness was likely the primary reason for their loss and also that no reputable organization on Earth would go about releasing information about other users in this same situation without a court order/warrant.
I strongly disagree with the title of this thread and the initial post as they are both greatly misleading to most readers who won't bother to be critical and will take it as face value (and no, I'm not associated with the exchange). I think the victim in this situation refuses to admit that their arrogance and naivety when it comes to security caused this issue and nothing else. If you have 40,000 USD on a website you should take security a lot more seriously.
It is also disheartening to see people learning about promising technologies like bitcoin etc while failing to adequately research basic account security. If anyone is reading this right now and has anything of worth stored on their exchange accounts, gmail/dropbox/banking websites and currently does not use 2FA I strongly urge you to start using it. It isn't some fantasia bullshit, it is the 6 digit code that stands between you accessing your account and some random on the internet being able to essentially rob you of 40k USD. Regardless of what anyone says about it being imperfect it still does a lot more to protect your accounts and private data than having nothing at all in place.
Bottom line:
Not having 2FA enabled = 40,000 USD mistake.