Internet Law, E-mail, and electronic privacy... help please!

[Kraut_Killer]

Does anyone here know anything about these topics?

Specifically, in regards to the Stored Communications Act, and invasion of privacy, is there a current law that is broken when someone steals your e-mail password and reads your e-mail???? This recently happened to my wife by a co-worker, and it is believed that it was for malicious intent. The person admitted to doing it (after she was SOOO stupid and sent an e-mail from my wifes account) and indicated that there was another person involved, but would not name them.

Ultimately, there was nothing more than a slap on the wrist given to this person (because she is friends with the people who decided her fate), and we now worry that she will make life miserable for my wife at work.

Any suggestions or first hand knowledge of this type of situation would be greatly appreciated.

I have a boatload more information, too much to share, and for legal reasons I can't say too much. But I really could use some help here if anyone knows what I can or should do. Thanks in advance.

 

[EDITThor]

Mail, electronic or not, is private property.

If it was done by someone who meant to cause mayhem and has caused mayhem then you should have the right to take action. I'm not a lawyer though, and this is just my personal opinion, so you may get a better answer from one of our Ace-Attorneys.

 

[WAKKA WAKKA WAKKA!!!]

The best I can give is to call a lawyer and ask.

 

[Evil-Jester]

pm JohnT he is our lawyer

 

[Kraut_Killer]

I know John really well actually. He's provided me legal advice in the past (like 2-3 years ago).

The laws here are pretty vague. I was actually hoping to hear from someone who had read something about this type of case, or had some sort of direct dealings or involvement. I have done a lot of research on my own about this, and have talked to some lawyers already, and the fact of the matter is that the laws are so vague at this point that it is tough to prosecute.

These are changing every day it seems as new cases hit the judicial system. There is the Stored Communications Act which protects stored e-mails similarly to USPS mail, and the Computer Fraud and Abuse Act but I believe I have to prove harm.

Invasion of Privacy is another possibility. I just want to nail these people, but just not sure how to go about it yet. I can't stand when people mess with my family... know what I mean???

 

[Epic(inactive)]

using another's email account without there permission i would think would be a form of identity theft too

 

[M3dley]

I think the best thing to do would be to actually call up a lawyer and ask him personally.

 

[daMduck]

If this happened at work using the company exchange server, you will have no privacy rights. If it was your home isp email you can contact them about their privacy policy and what legal action can be taken. Your home home isp might have to be the one to file charges for illegal access to their database. But like I said if this happened at work it is the companies place to punish any wrong doing of employees.