ASK THE EXPERT: Can I get sued for invasion of privacy for reading my friend’s email?

IBLS Editor — Wed, 30 May 2007 16:36:00 GMT

Candace Payne from the United States (Brooklyn) asks:

One of my friends left his email inbox open on my computer. I read an email that he did not want me to read. Now he is threatening to sue me with invasion of privacy. I am thinking that legally it is not wrong because he left his email inbox open on my computer. I did not hack into his email. He left it open. Please inform me.

The wild hunt for e-evidence in high-profile cases

Maricelle Ruiz — Fri, 04 May 2007 15:39:00 GMT

Even if you’re really mad…it may not be such a good idea to hack, that is, to illegally access another’s computer. The pursuit of electronic evidence to reach beneficial divorce settlements and close lucrative business deals was reportedly out of control in some United Kingdom circles…until law enforcement officers decided to look into the activities of a well-known heir. After being questioned by the police, the heir and his detectives recently ended in a London Court.

US banking heir Matthew Mellon is charged with conspiring to cause unauthorized modification of computer material. He allegedly hired a UK detective agency, which reportedly used a computer virus to hack into his wife’s computer in search of financial information during divorce proceedings. Mellon’s now ex-wife – Tamara Mellon – is the head of fashion company Jimmy Choo. Matthew Mellon denies any wrongdoing.

“The agency carried out the usual things like tracking people down, looking for information for solicitors. They also had a lucrative sideline involving hacking into people’s computers and tapping into their phones, which is illegal in this country,” prosecutor Miranda Moore told the Court, according to The Guardian, during the case against Mellon and the UK firm involved in the alleged plot. The company is accused of using viruses, among other methods, to obtain data to enable clients to reach beneficial divorce settlements and close lucrative business deals. It also denied wrongdoing.

The use or attempted use of e-evidence in divorce proceedings is not a new occurrence. In the US state of Florida, a wife reportedly installed spyware on her husband’s computer and later tried to use information obtained in divorce proceedings. She was not allowed because Florida bans the interception of these communications. However, in New Jersey, a wife was granted $7,500 during divorce proceedings after her husband wiretapped her computer to keep track of her transactions and emails.

IBLS Speaker's Corner : hacking

ASK THE EXPERT: Can I get sued for invasion of privacy for reading my friend’s email?

The wild hunt for e-evidence in high-profile cases