Michigan man to could go to jail for reading his wife's e-mail...

[madinmaryland]

A Michigan man faces five years in prison for reading his wife's e-mail, under a state law intended to prevent identity fraud. As the Detroit Free Press reports, computer technician Leon Walker accessed his wife's Gmail account on a laptop in their home. From her e-mail messages, he learned she was having an affair with her ex-husband -- a man previously arrested for domestic violence. Walker then filed for emergency custody of his wife's young son.

Walker's soon-to-be ex-wife testified that the laptop her husband used to access the e-mail account was a private laptop, and that she was the only one who knew the password.

Leon Walker, on the other hand, said the laptop was a family computer and that his wife kept all her passwords in a little book next to the computer. The legal question at heart here is whether or not Walker's wife had an expectation of privacy.

Frederick Lane, a Vermont lawyer and electronic privacy expert, told the Free Press that the fact that the two still were living together, and that Leon Walker had routine access to the computer, might help him, Lane said.

Read more: http://voices.washingtonpost.com/fasterforward/2010/12/michigan_man_to_could_go_to_ja.html?hpid=news-col-blog

Hmmm.

[Motown_Johnny]

1. if she kept the password in a book right next to the computer

then there should be no expectation of privacy


seems simple enough

[The Straight Story]

2. Hmmm do you have an expectation of privacy in your own home from others there?

Wonder if kids could sue parents for reading their emails?

[MicaelS]

3. I'm on the man's side 100%

Having an affair with an ex-husband with a record for domestic violence, still living under the same room, and she has expectation of privacy? Oh hell, no.

[pacalo]

5. As a woman, I'm with you 100%.

The judge will proabably consider extenuating circumstances in this pathetic situation.

[Edweird]

4. Now the entire nation knows that Clara Walker is a cheater.

I wonder of trying to get him in trouble for catching her cheating is worth the publicity? I'm sure she has no shame....

[Recursion]

6. If you write down your password it isn't a password

It's like locking a locker and leaving the combination on the sticker on the back of the lock. And a post-it note on the locker saying "combination is on the back of the lock".

[rbixby]

7. Seems slightly inappropriate, but not illegal

And given the information discovered through this, I've got a feeling those charges will be dropped. There may be an expectation of privacy, but I would think that would only really count if the husband was trying to file criminal charges based on what he discovered, I wonder if that woman 'found Jesus' as well with her ex husband.

[Kaleva]

8. From a practical standpoint, there really is no expectation of privacy in a marriage

[etherealtruth]

9. There really isn't

Under circumstances such as this the question is (or should be) more moral/ethical vs legal.

[Heywood J]

10. It's a crappy thing to do from a trust perspective,

but writing down the password and putting it next to the thing it unlocks is basically a waiver of your privacy rights (she's no longer the only one who knows the password). If she had hidden the password book, she might have more of a case for privacy violation.

[seabeyond]

11. per wiki, this should make the man a hero. nt