Spouse email access leads to felony charge

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    • #5944
      BillV
      Participant

      I thought this article was interesting. A man accessed his [now ex-]wifes email account (Ggmail) and is being charged with a felony. The defense lawyer is trying to argue over the definition of a “computer system” and “computer program” saying Gmail should not be considered either and because of that there is no basis for a charge. Interesting case.

      Full Article Here

    • #37194
      RoleReversal
      Participant

      That seems like the defense lawyer is clutching at straws, I’ll be interested to see how this plays out.

      Unless I’m missing something (legalise isn’t my specialty) Gmail is provided by some code (computer software) running on Google’s systems (computer system), just because you (the user) can’t physically touch the systems that the program is running on should change this.

      Anyone got a different interpretation?

    • #37195
      rattis
      Participant

      I think that his argument should be more on the fact that it was a shared computer used by both of them at home, and that she had provided him with the password.

      If my partner / spouse / room mate has access to my system, and my password. Then the fault is mine and not a case of unauthorized access to a computer.

      But I’m not a Lawyer, I don’t play one on tv, and think the case is bs.

    • #37196
      Ketchup
      Participant

      I am with Chris on this one.  It doesn’t sound like the spouse took “reasonable” efforts to secure her email account.  I am curious to see how this turns out.  I have seen much crazier law suits that ended surprisingly. 

    • #37197
      rattis
      Participant

      I’ve been told via Twitter that this should make this week’s episode of HNN Cast. (Forwarded the link to them).

    • #37198
      rattis
      Participant

      Detroit Free Press article on the topic too:

      http://www.freep.com/article/20101226/NEWS03/12260530/1011/NEWS09/

    • #37199
      Ketchup
      Participant

      The poll results in the article seem to indicate that people consider this to be another frivolous lawsuit.  I couldn’t agree more.

    • #37200
      CadillacGolfer
      Participant

      I had a friend that got divorced last year.  One day, while they were still married but seperated and heading toward divorce, he brought a laptop over to my house.  They both used this laptop.  He asked me to find information about his wife’s affair in email or anywhere else on the laptop.  I politely declined his request.  No way I wanted to get involved in that.

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