Technology and divorce seem to go together. We have heard a lot about Facebook accounts and divorce, but this article is about email accounts and divorce. Did you know that it is illegal to open your husband’s or wife’s email? Just as you should not open your spouse’s snail mail, you are not allowed to hack into your spouse’s email account to gather information. Email hacking and divorce do not mix in the eyes of the law.
Michigan Email Hacking Case
According to lawyer Henry Gornbein, in his article “Divorce, Hacking, and Criminal Prosecution” at huffingtonpost.com, a Michigan husband who hacked into his wife’s email account during his divorce is now in trouble with the law. Yes, just in case going through a divorce is not stressful enough, that guy has now been charged with committing a felony by his local prosecutor.
If you are a husband or wife, in the midst of a divorce or considering divorce, pay attention to the following information. You are not allowed to hack into your spouse’s email account, Facebook account, or anything similar. Even if you think you have a good reason for snooping, don’t do it.
I’m sure the Michigan man felt he was justified in hacking into his wife’s email account. And, in a way, he was. He ended up finding emails confirming that his wife was having an affair with a former husband. Yes, since the wife had been divorced twice before, I’m sure that the Michigan man felt that he was in the right while trying to confirm his suspicions about the adultery. But, feeling that one is justified in doing something does not mean that doing that “something” is legal.
The wife found out that her computer had been hacked when her personal emails showed up in a different court case. Then, the wife filed a complaint against her estranged husband for violating statutes against computer hacking and wire tapping.
Was it Hacking?
At this point, it is unclear whether the husband actually hacked into her account, as the court case is unresolved. The husband claims that he was on a family computer and the password was readily available. The wife claims that it was her personal computer and the password was secret. While, I have no inside information about the case, I would suspect that any wife who was having an affair would not email her lover on an account that her husband could easily access.
It doesn’t seem fair. It’s not against the law for the wife to sleep with another man, but snooping to verify her evil deed is a felony. Sometimes, the law does not make sense. However, I am telling you about this case so you will not be tempted to break the law. Ignorance is no defense. In other words, even if you don’t know that something is illegal, you are still held responsible for breaking that law.
Consult an Attorney Before Snooping
According to Gornbein, the divorce lawyer, “My understanding of the law, at least in Michigan, is that tampering with email is similar to tampering with the U.S. Mail. You can look at an opened e-mail, just like you can view a letter that has been left after being opened and removed from the envelope.”
Gornbein continues to explain:
- It is illegal to open an email that has not already been opened.
- It is illegal to open regular mail that is not addressed to you.
If you are considering snooping or spying on your spouse, you should find out what is permissible. You should talk to your lawyer.
Technology and Divorce
Email and internet technology can be a difficult legal area. Gornbein continues to explain that you should be extremely careful with this gray area when going through a divorce. Tampering with email or hacking into your spouse’s computer is a criminal activity. Setting up spyware on a computer may be a criminal activity. Mr. Gornbein counsels his divorce clients to double check that their own computers are not being tapped with spyware and that no one has hacked into them.
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Christina Gregoire - Christina Gregoire writes about divorce, fashion, and baby boomers. Her forte is explaining complex ideas in simple language.
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