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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118658
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I accesed my husbands email and icloud account with a password ***** h

Customer Question

Hi I accesed my husbands email and icloud account with a password ***** had always given me (we shared them) after being alerted of an affair. I got photos from icloud and in his note he had password ***** a new email. So I looked into that one as well. Can I use the emails and photos during divorce? Or have I comitted a felony?
What if I share a picture with a third party? When I showed my husband what I had we made a deal, that I would not publish the photos as long as his mistress kept away from me or publicized their affair. He later said he changed his mind. Could I still use them if they don't respect the agreement?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 2 years ago.
In what state do you live?
Customer: replied 2 years ago.
Outside of USA, I live in Bolivia and he lives in Turkey.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you accessed his computer account without permission or consent, in Bolivia that is unauthorized computer hacking and can be punished as a criminal offense if he brings charges against you and appears to testify. Same if you share the information with a third party.
However, in a divorce, you can actually serve subpoenas on apple for the contents of the iCloud and you can seek to get the court to order this material produced if you cannot settle this matter amicably and resolve the dissolution of the marriage. You really do not want to risk him coming to Bolivia and filing criminal charges against you for the hacking, so it may be in your best interests to engage a Bolivian attorney to work out a reasonable dissolution of your marriage with your husband.
Customer: replied 2 years ago.
What about Turkish law, if he is living there can he relly on turkish law and lawyers and file something against me from there? The girl from the affair is turkish. Does that change anything? And is it hacking if he had given me his paswords and I used to access his accounts all the tima an he mine?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If he gave you the passwords and permission to access his account, then it is NOT illegal and not hacking. That is a basis that prosecutors would stay away from such a case. If he had given you the passwords, then it would not be computer hacking under Turkish or Bolivian law.
If that is the case, then you would have the right to access his site and if he did not want you doing so, he could have changed his password ***** any time. As he provided you the access, you have a right to use the information you found based on the fact he allowed you to access the account.
Customer: replied 2 years ago.
That's good news! We shared our passwords and he was careless to keep all that in the iCloud without changing his password. What about sharing the photos or emails with a third party? As in publicating what I found?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Publicizing it could lead to a claim against you for invasion of privacy, so that would not be advisable. If you want to use it in your court case for your divorce fine, but publicizing it would not be a wise move nor would sharing it with anyone other than in court.
Customer: replied 2 years ago.
I sent 2 photos on an email to make a point, to one individual only. How can that be used against me?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
It is possible, if he chooses, for him to try to sue you for damages for invasion of privacy, but to do so he would have to prove he suffered some damage from your disclosure.