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Is reading wife's e-mail a crime?

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Keith Ranville
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« on: December 28, 2010, 05:16:38 am »



Is reading wife's e-mail a crime? Rochester Hills man faces trial

By L. L. BRASIER
Free Press Staff Writer

Leon Walker of Rochester Hills is charged with unlawfully reading his then-wife's e-mail, which showed she 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. "I was doing what I had to do," he said. (KIMBERLY P. MITCHELL/Detroit Free Press)


A Rochester Hills man faces up to 5 years in prison -- for reading his wife's e-mail.

Oakland County prosecutors, relying on a Michigan statute typically used to prosecute crimes such as identity theft or stealing trade secrets, have charged Leon Walker, 33, with a felony after he 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. He now is facing a Feb. 7 trial. She filed for divorce, which was finalized earlier this month.

Legal experts say it's the first time the statute has been used in a domestic case, and it might be hard to prove

"It's going to be interesting because there are no clear legal answers here," said Frederick Lane, a Vermont attorney and nationally recognized expert who has published five books on electronic privacy. The fact that the two still were living together, and that Leon Walker had routine access to the computer, may help him, Lane said.

"I would guess there is enough gray area to suggest that she could not have an absolute expectation of privacy," he said.

About 45% of divorce cases involve some snooping -- and gathering -- of e-mail, Facebook and other online material, Lane said. But he added that those are generally used by the warring parties for civil reasons -- not for criminal prosecution.
What do you think?


Should it be legal to snoop into your spouse's e-mail?



 http://www.freep.com/article/20101226/NEWS03/12260530/Is-reading-wife-s-e-mail-a-crime?-Rochester-Hills-man-faces-trial#ixzz19P61d8wA
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Keith Ranville
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« Reply #1 on: December 28, 2010, 05:31:36 am »

I think if a man or a woman have unresolved skeletons in the closet or a secret life while in a marriage then I wouldn't call it a marriage but a jerry springer / Maury Povich show guest hopeful?   
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Keith Ranville
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« Reply #2 on: December 28, 2010, 06:33:33 am »

I figure the u.s government is coming down on petty lovers quarrel hacking in light of wikileaks, and there using this poor guy that does what millions of married couples do all the time with there privacies as an example of a heavy 5 year prison penalty as a scare message to taunt Julian Assange if they ever get him to American in justice??

 Wink
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Volitzer
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« Reply #3 on: January 03, 2011, 03:17:04 pm »

No it shouldn't be.
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Keith Ranville
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« Reply #4 on: January 03, 2011, 04:32:21 pm »

I don't think there should be no insecure reason why to read anyone's personal messages? If uncomfortable speculative things like infidelity suspicions are to that point in a marriage, then maybe some relationship counsellings would be order? 
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