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Show ALL Forums  > Relationships  > For those that have no qualms snooping to find out if their partner i      Home login  
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 myrgth
Joined: 8/15/2009
Msg: 1
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For those that have no qualms snooping to find out if their partner is cheatingPage 1 of 15    (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15)
Might be singing a different tune depending on the outcome of this case:

http://www.msnbc.msn.com/id/40820892/ns/technology_and_science-security

Man faces charges for reading wife's e-mail

Husband used his wife's password to access her Gmail inbox

Leon Walker, 33, who says he learned of his wife's affair by reading her e-mail on their computer, faces trial on felony computer misuse charges.


ROCHESTER HILLS, Mich. — A Michigan man who says he learned of his wife's affair by reading her e-mail on their computer faces trial Feb. 7 on felony computer misuse charges.

Thirty-three-year-old Leon Walker used his wife's password to get into her Gmail account. Clara Walker filed for a divorce, which was granted this month.

Leon Walker tells The Oakland Press of Pontiac he was trying to protect the couple's children from neglect and calls the case a "miscarriage of justice."

Oakland County Assistant Prosecutor Sydney Turner says the charge is justified.

Privacy law writer Frederick Lane tells the Detroit Free Press the law typically is used to prosecute identity theft and stealing trade secrets. He says he questions if a wife can expect privacy on a computer she shares with her husband.
 myrgth
Joined: 8/15/2009
Msg: 2
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 2:53:15 PM
Does this have the potential to effect relationships in the future?

Do you think it should apply to cell phones and all other mediums of personal and private interaction?

Do you think it's ridiculous?
 *army mom*
Joined: 6/9/2009
Msg: 3
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 2:56:01 PM
I really don't think there's the presumption of privacy on a shared computer. But it may depend on whether he hacked into her account, or she told him her password.

Lots of variables here.
 StarshipNarrator
Joined: 6/30/2010
Msg: 4
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 2:59:18 PM

A Michigan man who says he learned of his wife's affair by reading her e-mail on their computer faces trial Feb. 7 on felony computer misuse charges


Am I the only one who thinks that it's impossible to misuse a PERSONAL COMPUTER (PC) that is shared between two people? O____o

EDIT: It just dawned on me that they're obviously using an IMPC (IMPERSONAL COMPUTER).
 myrgth
Joined: 8/15/2009
Msg: 5
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 2:59:26 PM
I know that on my computer, unless I specifically log out of site then it will keep me signed in.

Seems to me if you had something to hide then you would purposely log out each time you used it.

Then again, he may have just guessed her password.

I don't get that using a shared computer is grounds to invade privacy.

I do get that being married is, though, to some degree.
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 3:01:34 PM
i'm not terribly familiar with divorce law (thankfully), but don't states that still allow findings of fault take this sort of thing into account? if you're going to drag it into the courts, that's the place.

it's ridiculous for this to be prosecuted as a criminal case.
 Dan99993
Joined: 11/29/2010
Msg: 7
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 3:05:15 PM
If he did this merely because he suspected his wife of cheating, I hope he gets a light sentence if any.
 LinuxD
Joined: 12/6/2008
Msg: 8
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 3:18:10 PM
I really don't think there's the presumption of privacy on a shared computer.


Good Lord I hope you have never used an ATM then.. that means I should have every right to all your info as that is a computer shared by many people.

used his wife's password to get into her Gmail account

It's not that he used the same computer,it could have been down at the local library that he accessed the account. He accessed her e mail acount. The account isn't on the computer it is on a server someplace.

The problem is they try to apply antiquated laws to modern technology and it causes confusion.

Michigan (my home state) Also tried to apply a law to a man that had tipped over his canoe and came up out of the water cussing with an old "blue" law that forbade swearing in front of a woman or child. The woman or child was about 50 yards away. Didn't matter to the officer who wrote the ticket who was near where the man tipped over. the law was written in the 1800's! If so then.. I hope no woman in Michigan ever gets her hair cut there against her husbands wishes. as per Michigan law she MUST get permission from her husband to do so.Both laws are still on the books. Why? because it is just easier to leave them there than try to overhaul update and remove ludicrous laws

Many states are trying to enforce wiretapping laws written in the age of rotary dial phones to people who record the police,who are public servants, in public areas where there is no expectation of privacy with video camera's and or cell phones.


The whole point? She got caught,got pissed off and is seeking revenge. Does she have a chance of him being convicted. probably not if he has a competent lawyer. Either way. She is scum,he is a snoop and should have kept his hands off her email. Sounds as if they both deserved each other.
 fastdogphotog
Joined: 5/27/2008
Msg: 9
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 3:28:56 PM
Very interesting case. I couldn't find much additional information, but I did see that he is a computer technician, that she claims to have never given him the password to her email account, and that she only learned of his access after he printed out copies of her emails and gave them to her first husband. To me, that does lead to an inference that he gained access to her account without permission or authorization.

But that begs the question of whether spouses have a right of privacy from one another, doesn't it? Especially considering that, in many legal contexts, a husband and wife are treated as a single entity. Or is that an anachronistic and outdated perspective?
 myrgth
Joined: 8/15/2009
Msg: 10
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 3:35:17 PM

But that begs the question of whether spouses have a right of privacy from one another, doesn't it?


I know in medical terms it absolutely does. Nothing can be discussed with a spouse unless it has been expressly approved by the husband or wife.
 MsMicki
Joined: 10/2/2006
Msg: 11
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 3:46:33 PM
I honestly don't know how I feel about it.
Tough call for me.

I think we all have a right to our privacy...whether we're married or not.
But to prosecute a husband......I dunno.

With all these outdated laws.......one has to wonder if their state still has a law
against cheating on your spouse that he can get slapped on her!!
 fastdogphotog
Joined: 5/27/2008
Msg: 12
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 4:14:21 PM

This phazes me none. Just another day in divorce court... *yawn*


Actually, this case is in criminal court, NOT divorce court. In my experience, if it was in divorce court, it would just be another part of the proceedings, and not otherwise noteworthy.


don't the judges know that in most states that adultery is punishable by a fine up to $5000 or 5 years imprisonment? i guess they have so many cases of adultery they just forget the imprisonment thing..

i think they should come down hard on adulterers of both sexs'.. might strive for people to make a marriage work.. the email incident here is irrelevant.. her affair, legally, should take primary focus of the judge and jury.


Cases of adultery have been prosecuted in criminal court, including a case in New York this past summer. However, the cases can be difficult to prove. Moreover, many would say such cases are a waste of resources that are better spent dealing with violent crime and drug cases, not to mention the question of who you would rather see in jail - a violent criminal or an adulterer?
 Pingshooter
Joined: 3/15/2009
Msg: 13
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 4:35:49 PM
I don't think it is ridiculous as it could be used usefully, but I do wonder what all took place in this instance..strange to say the least.

Guy marries a gal, who has an affair with her ex-husband, then gets caught, and divorces and sues her second(?) husband who snooped and found out about the affair with her former husband.

Who's on second?
 IgorFrankensteen
Joined: 6/29/2009
Msg: 14
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 5:18:15 PM
I read a little about this case, and WAITING TO SEE is indeed the right response. Not just because of this particular case, but in MOST cases, REPORTING about legal stuff tends to blow the "outrageous" aspects out of proportion. I don't know yet if this case is even being CORRECTLY described in the story.
In addition, there's more than one part to this. I know that there are lots of times, where from a purely LEGAL standpoint, that someone can be found NOT GUILTY in a criminal sense, but still be found GUILTY in what they call "Civil" law. O.J. Simpson was found Not Guilty in his murder trial, but was found to be guilty/responsible in the ensuing Civil trial, that was based on his responsibility for the deaths. I don't completely understand how that worked, but I do know from things like that, that laws are VERY PARTICULAR little beasties.
So, this guy might be fined or something for breaking into his wife's email, but because he did so, he MIGHT end up doing better in Divorce Court or something.
Anyway, before getting het up about anything that's going on in the legal system, it's wise (for the sake of one's stomach lining) to wait for the FINAL decision, after at least one appeal. Right now, he's just BEING tried.
I know when we are wronged, that it's hard to accept that the person doing wrong TO us, should have legal rights HELP them do bad things, but that's the way of law. Famously, it's wrong to steal from someone, but if someone sets up a booby trap to injure a robber entering their home, the robber can SUCCESSFULLY sue them for the injury.
 ~rain~
Joined: 6/9/2007
Msg: 15
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 5:43:22 PM
you dont go snooping into other peoples personal affairs......EVER!!
 niagara45
Joined: 8/15/2010
Msg: 16
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 6:08:24 PM

it's ridiculous for this to be prosecuted as a criminal case.


How is it different from opening someone's mail, which IS illegal?
 daynadaze
Joined: 2/11/2008
Msg: 17
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 6:20:27 PM
I hope he sues her for adultery, that would only be fair, right.
 Cdn_Iceman
Joined: 12/1/2010
Msg: 18
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 6:31:27 PM
Well i will wait to see if it survives the Appeal, The facts are a little too green, and inconclusive right now
 christ on a crutch
Joined: 2/1/2009
Msg: 19
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For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 6:40:02 PM

How is it different from opening someone's mail, which IS illegal?

my point is not the letter of the law, it's the context of the violation. i'd call it equally ridiculous for a spouse to face the punitive weight of the criminal code for opening the other's letters.
 abelian
Joined: 1/12/2008
Msg: 20
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 6:54:38 PM
How is it different from opening someone's mail, which IS illegal?

If you live with your spouse, what is illegal about opening your spouse's mail? Does this mean my parents have been committing felonies for the past 54 years? What if one watches the other open the mail? Is it still illegal?
 abelian
Joined: 1/12/2008
Msg: 21
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 7:00:08 PM
I don't completely understand how that worked, but I do know from things like that, that laws are VERY PARTICULAR little beasties.

The difference is the standard for proof. A criminal charge requires proof beyond a reasonable doubt for a conviction. In a civil case, the a party is only required to prove a case by a preponderance of the evidence to prevail. The standard of proof is much lower in civil cases.

Very interesting case. I couldn't find much additional information, but I did see that he is a computer technician, that she claims to have never given him the password to her email account, and that she only learned of his access after he printed out copies of her emails and gave them to her first husband. To me, that does lead to an inference that he gained access to her account without permission or authorization.

If the case ever makes it to trial, I'd guess the verdict would hinge on whether he claims he was given the password. What would be more interesting in that case, is if the verdict was not guilty, whether the wife would be charged with computer misuse for giving her husband he password. In Texas, it's also illegal to give a password to a person who isn't authorized to use the system. In this case, the computer is owned by gmail, so if you apply the same argument applied by the prosecutor to charge the husbnd, the wife would be giving a password to her husband without authorization.

If the prosector gets a conviction, I'm sure the appeal will hinge on whether or not seperate accounts on a mail server that doesn't reside in their home diffes from sharing a common mailbox for regular mail, since I can't imagine it being illegal to open your spouse's letters. If so, then lots of people are felons who just haven't been prosecuted.
 niagara45
Joined: 8/15/2010
Msg: 22
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 8:27:17 PM
if you live with your spouse, what is illegal about opening your spouse's mail?


As far as I know, opening mail that is not addressed to you is illegal. Since I can't sleep anyway, perhaps I will check it out further.



What if one watches the other open the mail? Is it still illegal?


I wouldn't think so. If the addressee was right there watching as the spouse opens his/her mail, I would think the addressee was implying consent to open it.
 abelian
Joined: 1/12/2008
Msg: 23
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 9:06:06 PM

As far as I know, opening mail that is not addressed to you is illegal.

So, if my wife was in a coma, I can legally pull the plug, but I couldn't open her mail, unless I pull the plug first AND I'm the executor of her estate? Mail gets a higher priority than a decision about life and death?
 niagara45
Joined: 8/15/2010
Msg: 24
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/27/2010 9:47:15 PM

So, if my wife was in a coma, I can legally pull the plug, but I couldn't open her mail, unless I pull the plug first AND I'm the executor of her estate? Mail gets a higher priority than a decision about life and death?


You can have power of attorney over living people. Then, you'd be able to open her mail.
 bcsofnc57
Joined: 11/20/2007
Msg: 25
For those that have no qualms snooping to find out if their partner is cheating
Posted: 12/28/2010 4:03:41 AM
I think it is beyond ridiculous. I really don't see much coming of this. There really shouldn't be any privacy from spouse to spouse. Your life should be open to each other. She cheated on him, and she is worried about him reading her emails. I would write the word that best describes her, but it wouldn't show up, let's just say it rhymes with runt.
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