Reading your wife's email on your own computer now a felony in Michigan

by The blogprof

Reading your wife's email on your own computer now a felony in Michigan: "Well this one hits pretty close to home. A Rochester Hills man, who's house I can likely walk to from my own, is being charged with a felony for reading his wife's email on his own computer even though his wife supplied him with the password to her account. They are now divorced because she was cheating on him (hubby #3) with hubby #2. I gotta think prosecutors around here have better things to do with their time. From The Detroit Free Press: Is reading wife's e-mail a crime? Rochester Hills man faces trial

In fairness, this guy was a moron for becoming husband #3

A Rochester Hills man faces up to 5 years in prison -- for reading his wife's e-mail.

Oakland County prosecutors, relying on a Michigan statute typically used to prosecute crimes such as identity theft or stealing trade secrets, have charged Leon Walker, 33, with a felony after he logged onto a laptop in the home he shared with his wife, Clara Walker.

Using her password, he accessed her Gmail account and learned she was having an affair. He now is facing a Feb. 7 trial. She filed for divorce, which was finalized earlier this month.

Legal experts say it's the first time the statute has been used in a domestic case, and it might be hard to prove.

'It's going to be interesting because there are no clear legal answers here,' said Frederick Lane, a Vermont attorney and nationally recognized expert who has published five books on electronic privacy. The fact that the two still were living together, and that Leon Walker had routine access to the computer, may 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.

About 45% of divorce cases involve some snooping -- and gathering -- of e-mail, Facebook and other online material, Lane said. But he added that those are generally used by the warring parties for civil reasons -- not for criminal prosecution.

'It is an indication of how deeply electronic communication is woven into our lives,' Lane said.

Leon Walker was Clara Walker's third husband. Her e-mail showed she was having an affair with her second husband, a man who once had been arrested for beating her in front of her small son. Leon Walker, worried that the child might be exposed to domestic violence again, handed the e-mails over to the child's father, Clara Walker's first husband. He promptly filed an emergency motion to obtain custody.

If this stands up, how many parents are going to get sued for snooping on their kid's email? The above freep story has generated quite an interest with almost 300 comments and running. The poll is also telling:

Really, the prosecutors must have something better to do. For instance this: Illegal alien gets 3rd DUI; was going wrong way on Hall Rd. with wife, 1-year-old child. How about getting these guys off our streets?

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