A US bloke faces five years in jail for looking at his wife's email to see if she was having an affair.
Leon Walker, 33, logged onto a laptop in the home he shared with his wife, Clara Walker. Using her password, he accessed her Gmail account and learned she was having an affair.
She got a divorce, but Oakland County prosecutors, relying on a Michigan statute typically used to prosecute crimes such as identity theft or stealing trade secrets, have charged him with hacking.
If he loses he could be behind bars for five years.
According to Free Press, lawyers are divided about how good the State's case is.
Walker found his wife was having an affair with her second husband, who once had been arrested for beating her in front of her son. Walker says he gave the e-mails to her first husband, the child's father, to protect the boy.
Frederick Lane, who has penned five books on electronic privacy, said that the fact that the two were living together, and that Leon Walker had routine access to the computer, may help him.
He said that it is enough of a gray area to suggest that she could not have an absolute expectation of privacy.
About half of divorce cases involve snooping but this is normally used as ammo in messy separations. The State rarely gets involved in this sort of thing.
Having sensibly purged the statutes of adultery laws it seems a bit unfair to lock up a bloke for finding out that his wife was cheating on him. Although, once you start going through emails for proof it is fair to say your relationship may already be over.
Because it's electronic doesn't make it any more secure. If you read a person diary after they have died, are you still " hacking" or should the last will and testament give only certain people access. .
If the computer was in his house and not part of the matrimonial settlement, the possessor has a legal obligation to determine if any possible "wikileaks" or incriminating evidence is hidden within the computer and for which the possessor could be liable.
Because the e-mail contain evidence of child abuse is the wife party to the abuse and as such withholding evidence? Obviously the e-mail is clearly defined as evidence if the wife is willing to take such action.
Is the American DA also party to the assault by representing the woman and not taking action a partner and giving tacit agreement to the acts?.
And Guilty be association?
The legal arguments are quite fascinating.
http://scallywagandvagabond.com/2010/12/husband-faces-5-years-in-jail-after-hacking-wifes-email/