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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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attention brandon w...... so another question, my daughters

Customer Question

attention brandon w......
so another question, my daughters father got into my email account without my permission and is using some emails that I have as a form or evidence trying to prove that I am an unfit mother. I feel as if he is blackmailing me. These emails were conversations with a bisexual guy I was dating( nolonger am) they have sexual content in them and with talk about making videos of eachother( which never did happen as he is deployed overseas) My daughter has nothing to do with any of these emails, what should I do? Is what he doing legal? He states that his lawyer says its not illegall because my kind of sextual behavior is threatening to my daughter and the courts would see it as a father trying to protect his daughter.
Submitted: 2 years ago.
Category: Family Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
Yes I'm waiting for an answer
Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  lwpat replied 2 years ago.
Thank you for your question and for using JA.

How did he get into your email account?
Customer: replied 2 years ago.
He got into my email because supposivley I had my password locked into his computer and he also said that he had found a scratch peice of paper with my password on it. I'm not with him and haven't been for a while
Expert:  lwpat replied 2 years ago.
I would absolutely disagree with his attorney. In my opinion what he has done is a direct violation of Federal law. Here is an excerpt from a similar case

Respondents nonetheless contend that, because Husband has not claimed that he saved the emails anywhere else, the storage of his emails could not have been for the purposes of backup protection. However, courts interpreting section 2701 have issued rulings that would seem to allow Husband's cause of action in this case. See Cardinal Health 414, Inc. v. Adams, 582 F. Supp. 2d 967, 976 (M.D. Tenn. 2008) ("[W]here the facts indisputably present a case of an individual logging onto another's e-mail account without permission and reviewing the material therein, a summary judgment finding of an SCA violation is appropriate."); Pure Power Boot Camp v. Warrior Fitness Boot Camp, 587 F. Supp. 2d 548, 555 (S.D.N.Y. 2008) ("The majority of courts which have addressed the issue have determined that e-mail stored on an electronic communication service provider's systems after it has been delivered, as opposed to e-mail stored on a personal computer, is a stored communication subject to the SCA."); Fischer, 207 F. Supp. 2d at 925-26 (rejecting argument that emails stored on Hotmail's system were not in "electronic storage").

Furthermore, we do not find Respondents' argument to be convincing. Under Respondents' construction of the SCA, the unauthorized access of a person's emails from an ECS would be unlawful if the person had previously saved his emails somewhere else, but would be perfectly lawful if the person had not done so. However, such an interpretation would lead to strange results. For instance, a person whose emails were stored solely with an ECS would generally suffer greater harm if someone "alter[ed]" or "prevent[ed] authorized access" to his ECS-stored emails than a person who had saved his emails in additional locations. Yet, under Respondents' construction of the SCA, only the person in the latter position would be protected. We do not believe that this was what Congress intended.

Indeed, the legislative history of the SCA supports the conclusion that Congress intended for the SCA to apply to the conduct Broome engaged in here. For instance, both the House and Senate Reports state that section 2701 "addresses the growing problem of unauthorized persons deliberately gaining access to, and sometimes tampering with, electronic or wire communications that are not intended to be available to the public." H.R. Rep. No. 99-647, at 62 (1986); S. Rep. No. 99-541, at 35 (1986). Additionally, the Senate Report provides the following illustration of what conduct would constitute a violation of section 2701:

For example, a computer mail facility authorizes a subscriber to access information in their portion of the facilities storage. Accessing the storage of other subscribers without specific authorization to do so would be a violation of [section 2701].

S. Rep. No. 99-541, at 36. Here, Broome has admitted that she accessed and read, without authorization, Husband's emails that were stored on Yahoo's system. The legislative history of the SCA indicates that Congress intended that such conduct would constitute a violation of section 2701.


http://www.south-carolina-divorce.com/computer-law.html

 

Here is the text of the Federal law

 

http://www.law.cornell.edu/uscode/text/18/2701

 

 

Since the information was obtained illegally you can probably keep it from being introduced into evidence.

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