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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

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  • 1 decade ago
    Favorite 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.

  • Tmess2
    Lv 7
    1 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.

  • 1 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.

  • 1 decade ago

    It's not right and her ex husband should not have left his passwords.

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  • Anonymous
    1 decade ago

    Nope. He could take legal action against her if he finds out she is reading them.

  • 1 decade ago

    It's invasion of privacy even if they are married.

  • 1 decade ago

    Fourth Amendment: no illegal search and seizure.

    So no, she cannot.

  • Anonymous
    1 decade ago

    as long as she didn't hack into his business, it's all free game.

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