Michigan man could go to jail for reading his wife's email

[rbunnymom]

What do you think? I totally disagree that he should go to jail.


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


Michigan man could go to jail for reading his wife's e-mail
By Hayley Tsukayama

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.

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

Oakland County Prosecutor Jessica Cooper told the Free Press she defends her decision to charge Leon Walker.

"The guy is a hacker," Cooper said in a voice mail response to the Free Press last week. "It was password protected, he had wonderful skills, and was highly trained. Then he downloaded them and used them in a very contentious way."

Other lawyers in the Detroit area told the Free Press that this application of the law was ludicrous. One told the paper that if this case is applicable under the law, the state would also have to prosecute parents monitoring their children's Facebook accounts.

[terrortoys]

I think this is crap.. the main reason it is even being discussed is because she got caught.. delete your e-mails. Next people will go to jail for reading others text messages. This has to stop, she cheated grant them the divorce and move on. Some killers and rapist don't get 5 years. Talk about overcrowding they are going to send him to jail on our tax payers money. What is going on??? !!!!!

[CW&M Mom]

Well technically adultery is still illegal as well. When they throw her in jail for cheating on him...I bet he'd be more then happy to spend some time in the slammer for reading her email's.

There is a different expectation IMO for married couples. email and even regular mail is going to be one of them. Albeit I don't read my husband's personal mail if he actually gets some...but I'm not going to wait to pay the electric bill until he gets home (as he lives in another state) so he can open it first. And I could give care less...if he wants to read my email, be on my facebook page or open the water bill without me. I have nothing to hide...and If I do...obviously that is my problem.

[Smee]

I hope she's never signed his name on a check or opened a bill or bank statement addressed to him. She may be hanging herself with her own rope.

[CW&M Mom]

I hope she's never signed his name on a check or opened a bill or bank statement addressed to him. She may be hanging herself with her own rope.

no kidding

[kval07]

Well, I won't say it is okay for him to read her email. But she is an idiot to leave her password laying around. She was asking to get caught. As far as the right to privacy, unless it was a couples account (like husbandandwife@email.com) then I see nothing wrong with him reading. As far as how that should be handled in the legal system? Psh, no idea.

[rbunnymom]

I don't think he should go to jail for reading her emails because they were husband and wife living together when it was done.

I expect my husband to respect my privacy and not read my emails, just as I don't read his but IF we did read each others I don't feel it would be a criminal offense.

This is a huge waste of tax payers money and the man's money to defend himself.

[abond0017]

This sound like a county prosecutor trying to make herself known with something controversial. It doesnt sound like the accusations or evidence are strong enough for this to get past some sort of settlement. Everything written is just too circumstantial...based on the article, no jury would find him guilty...unless there is some hard evidence that is being held from the public.

IMO 1) she had no expected level of privacy if passwords were sitting around, 2) if it is made shown that he did it to catch her cheating or just to snoop, then you cant prove intent of identity theft and thus the law being used may not be adequate to charge him with, 3) its he said she said whether or not the computer was family or private, or if the passwords were left out, 4) It does NOT take a "highly skilled" hacker to break into a computer that is secured by a simple Windows password or regular email accounts...a person who tinkers with and reads about computers could learn fairly easily.

[llamalluv]

I guess it would depend on how their marriage was set up. If they were accustomed to keeping secrets from one another, then he violated that agreement. In my marriage, we don't keep secrets from one another. All of our finances are commingled and we keep a list of our user names and passwords right in our financial files.

[Nishu]

I guess it would depend on how their marriage was set up. If they were accustomed to keeping secrets from one another, then he violated that agreement. In my marriage, we don't keep secrets from one another. All of our finances are commingled and we keep a list of our user names and passwords right in our financial files.

You think the application of the law would depend on the mechanics of a particular marriage? That hardly seems fair.

4) It does NOT take a "highly skilled" hacker to break into a computer that is secured by a simple Windows password or regular email accounts...a person who tinkers with and reads about computers could learn fairly easily.

That part of the article made me LOL. A hacker.