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Man Reads Wife's Email, Discovers Affair, Charged With Felony Computer Misuse
Old 12-27-2010, 11:51 PM   #1
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Man Reads Wife's Email, Discovers Affair, Charged With Felony Computer Misuse

Mercy!

Man faces charges for reading wife's e-mail - Technology & science - Security - msnbc.com
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Old 12-28-2010, 12:14 AM   #2
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Amazing! I wonder if this man would facing charges for essentially reading love letters received by his wife from her lover, had they been paper letters. Things have sure changed in our lifetimes.
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Old 12-28-2010, 06:39 AM   #3
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Yikes. I think this one is going to depend on whether he gets his peers or her peers on the jury.
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Old 12-28-2010, 06:50 AM   #4
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Actually, she might have a valid case. What makes that so is that the E-mail account he read was a web-based Gmail account, and perhaps not a jointly shared E-mail account. The content of the E-mails are held on a server "somewhere" and not generally stored on the home computer, even if the computer itself is jointly owned and shared.

Other relevant issues not addressed in the article are:

1. What was their marital status at the time he read the E-mails? Were they still married? Separated? If separated, was there a separation agreement that addressed the joint use of the computer?

2. Did she previously give him permission to use that Gmail account and just arbitrarily decide that he no longer had her permission to use it and not tell him when that access became inconvenient/embarrassing? In other words, what was their past practice regarding that Gmail account and if there was a change was he notified of that change? Did she take any concrete steps to assure privacy such as changing the login password?

Using W2R's analogy of reading paper letters, if those letters were stored in a jointly owned home that he otherwise had legitimate full access to and he found them then of course she doesn't have a case. However, if she had moved out and established her own domicile that he did not have keys to, and he broke in and found the letters there, then she'd have a good case for a burglary.
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Old 12-28-2010, 08:28 AM   #5
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He should have installed spyware on the computer than there would have been no need to use her password .
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Old 12-28-2010, 08:41 AM   #6
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According to the article she gave him her password. If she didn't want him to read her email, change the password.
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Old 12-28-2010, 08:44 AM   #7
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According to the article she gave him her password. If she didn't want him to read her email, change the password.
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Old 12-28-2010, 09:21 AM   #8
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I like this comment below the story:
Quote:
Sad case. Hopefully, he'll get away with using his shared computer, and lose his shared wife.
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Old 12-28-2010, 11:02 AM   #9
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This is kind of like when the parents after reading their kid's diary questions "why are you playing hooky and drinking beer. You are under aged." and the kid says "who gave you the right to look in my diary?"
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Old 12-28-2010, 11:16 AM   #10
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I can see the consent forms now...

Wife: DH, when are you going to clean up the computer. It's full of spyware and such

Hubby: DW, first things first, sign here to not hold me responsilbe for stumbling on your emails
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Old 12-28-2010, 11:22 AM   #11
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In Spain, you can´t lawfully sack an employee for spending a lot employer´s time playing on the Internet, if said employer gained got tipped off about this situation by accessing his PC (owned by the company) via a commonly used password not privately used by the employer.
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Old 12-28-2010, 11:30 AM   #12
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Ridiculous!
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Old 12-28-2010, 11:33 AM   #13
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I don't think she's a ready candidate for Mensa leaving her password around... She must have wanted him to find out I would think.
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Old 12-28-2010, 12:26 PM   #14
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"Here's my password, my lawyer is watching dear"
Sounds like a set-up to me.
YMMV
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Old 12-28-2010, 12:45 PM   #15
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Yikes. I think this one is going to depend on whether he gets his peers or her peers on the jury.
Being he is a male; he is guilty until proven innocent.
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Old 12-28-2010, 12:56 PM   #16
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Being he is a male; he is guilty until proven innocent.
And he will be judged by a 12 member FEMALE jury...........
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Old 12-28-2010, 01:18 PM   #17
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Of course he is in the wrong.... he caught her. You can't blame his wife, all she was doing was cheating!
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Old 12-28-2010, 01:26 PM   #18
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I refuse to believe the justice system would press felony charges if the genders were reversed. In that case, the reaction would be: "he's a cheating scumbag who got what he deserved, good for her for exposing his cheating."
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Old 12-28-2010, 02:42 PM   #19
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They have charged him with unauthorized access to a computer in order to “acquire, alter, damage, delete or destroy property.”

He did none of those things. The only "property" involved was his wife's, um, you know.
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Old 12-28-2010, 02:45 PM   #20
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They have charged him with unauthorized access to a computer in order to “acquire, alter, damage, delete or destroy property.”

He did none of those things. The only "property" involved was his wife's, um, you know.
Is there a statute that covers: "Willful destruction of property"??
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