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is it legal to read others e mail??
a freind had there ex husband leave behind a computer and on that computer were all his passwords to his e mail. can she use the information she read in that email against her ex husband in divorce proceedings??
7 Answers
- Dull JonLv 61 decade agoFavorite Answer
Discounting the fact that it's very uncool to read other people's email, even in a case like this, I'm pretty sure that's inadmissible. You should probably ask a lawyer instead of asking here.
- Tmess2Lv 71 decade ago
The answer to that question is going to depend on the State in which the case is heard. I am personally unaware of any cases which have addressed this issue. This question is a perfect example of where technology has advanced faster than the ability of the law to keep pace.
My personal hunch is that this situation is no different from a situation where an individual left paper work behind. While it is illegal to open "snail" mail addressed to another, that rule is a specific federal statute dealing with the U.S. Postal Service. Obviously, e-mail is not part of the U.S. Postal service and is not subject to that statute. The one complicating factor is that access to e-mail is by telecommunications. If courts view this situation as being a version of telephone communications (between the ex and those mailing him), interception of such communications by a third party would be illegal.
Some of the previous answers raise the issue of hearsay. To the extent that a hearsay objection might have merit, it would be possible to subpoena internet service provider and the other party to get around that objection. In providing my answer, I am assuming an argument about whether there would be a rule against using the information from the e-mail to obtain admissible evidence.
- amyaz_98Lv 51 decade ago
I don't think so. It's probably considered hearsay and if she has his passwords without his knowledge, that's probably illegal. I worked in a Family Law office for three years and saw something similar backfire. I wouldn't do it.
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- Anonymous1 decade ago
Nope. He could take legal action against her if he finds out she is reading them.
- Anonymous1 decade ago
as long as she didn't hack into his business, it's all free game.