Thank you, M.
First of all, even if you left your email window open, this does not give her the right to look at it
. Under 18 Pa.C.S.A. § 7611, a person commits the offense of unlawful use of a computer if he accesses or exceeds authorization to access
, alters, damages or destroys any computer...
According to 7601:"Access." To intercept, instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system, computer network or database.
So this may
be viewed as hacking
anyhow. But, that is not the point, in that you are not trying to get her into trouble, but simply to have her leave you alone.
To sue in state court
, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
What a party in your situation may wish to do is to send them an email (or a written letter) stating that unless they cease and desist with this matter, you will sue them for defamation
in that they are dragging your name though the mud, so to speak.
This is pertaining to your continuous and false allegations of me accusing you of an illegal act. I have not done so, and, I do not plan to do so. At this time, demand is made that these allegations are stopped and your postings on social media in regards XXXXX XXXXX matter cease.
If they do not, I may have no choice but to seek relief in court under defamation. Defamation is : (1) a defamatory communication; (2) falsity; (3) fault; and (4) harm. See, e.g., Shapiro v. Massengill, 105 Md. App. 743, 772, 661 A.2d 202, 216-17, cert. denied, 341 Md. 28, 668 A.2d 36 (1995).
I now consider this matter closed and expect my request to be honored. If it is not, I may have no choice but to seek relief in Court.
Very likely, this will have them think twice before posting anything else like this.
I hope this helps and clarifies. Good luck.IMPORTANT
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