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This Time the Law Goes Too Far! Michigan Man Faces Charges For Reading Wife's E-Mail!

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posted on Jan, 3 2011 @ 11:37 AM
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Are you kidding me? At first I thought this was a joke. However, no one is laughing. A Michigan man is awaiting trial on felony computer misuse charges, for logging into his wife's gmail account and reading her email. First, he suspected she was having an affair, and second, the two of them shared the same computer.

I'm sorry, call me old fashioned but I am of the belief, that there should be no secrets between a husband and wife. If you have nothing to hide then why do you need to password protect your email account, from your spouse or significant other? Yes, he invaded her privacy, but guess what? She WAS having an affair!

Now, because she wants her cake and wants to eat it too, she gets the law involved, and they seem more than happy to oblige in her request. This is an egregious display of misjustice!

Take a good hard look at this, where do we draw the line? If we allow the law to become intertwined in every argument or disagreement we have with someone, we are handing over our civil rights on a silver platter. Does this also mean we cannot access our children's email account? I mean how long will it be before we have kids suing their parents for reading their emails and text? Simply Ridiculous!!

With Detroit in the state it is in, could they not come up with a better way to spend the people's tax dollars?

Here is the article: What do you think?

Thanks,
Pax



December 27, 2010 (AP) -- A Rochester Hills 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.


Physorg.com




posted on Jan, 3 2011 @ 11:51 AM
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ehhh, I don't know. Yes, to me it seems a little silly, but I'm also NOT having an affair.

I think the thing here though is that reading someone's snail mail is a federal offense, with more people using their email as their post box, I can see how he got himself into trouble. So, note to self, if I confirm something through online snooping, I shouldn't cite it a legal document.



posted on Jan, 3 2011 @ 11:52 AM
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I disagree with the OP. I think a privacy law is a privacy law, whether two people are married or not. The Law should not be in the business of making exceptions to people's privacy based on their marital relationship. It's none of the laws business.

Laws are for PEOPLE. ALL PEOPLE.


Originally posted by paxnatus
Yes, he invaded her privacy, but guess what? She WAS having an affair!


Invading one's privacy is against the law. Having an affair is not.


edit on 1/3/2011 by Benevolent Heretic because: (no reason given)



posted on Jan, 3 2011 @ 11:53 AM
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I agree that there needs to be no secrets between couples, however, this is a interesting case. Take away the personal aspects of it and just look at the actual issue...someone breaking into your email account. Should it be illegal.
Yep. I think so. Same thing as if someone removed mail from your mailbox and opened it.

The law doesn't go too far at all. I mean, the relationship these two are in is obviously over..once you lose trust, you find it next to impossible to get back...but the court isn't trying to judge their relationship, just a technical law which in my opinion, is a good law.

Dont read my effin e-mail.



posted on Jan, 3 2011 @ 12:16 PM
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Okay, I disagree with what you guys are saying. Let's look at the charge "Felony Computer Misuse" Now take a look at this statement written on privacy law:



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.


They share the same computer!! The woman is grasping at straws. I am curious to know if the charges will stand.

If so, that sets a whole new precedent for ALL of us.



posted on Jan, 3 2011 @ 12:20 PM
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Originally posted by paxnatus
Okay, I disagree with what you guys are saying. Let's look at the charge "Felony Computer Misuse" Now take a look at this statement written on privacy law:



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.


They share the same computer!! The woman is grasping at straws. I am curious to know if the charges will stand.

If so, that sets a whole new precedent for ALL of us.


Indeed...if its dismissed, this green lights anyone living in your home to go through whatever you want. Could even start up a good industry of software that can crack open your accounts of your spouse, roommates, etc.

Also, if you use a public machine with someone else coming in after, it might show that putting monitors on that is perfectly fine to fish out other people's emails considering its a shared machine.



posted on Jan, 3 2011 @ 12:22 PM
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reply to post by paxnatus
 



I bet one could argue though that in something that is password protected there is a reasonable expectation of privacy, the same way that if something came in to the family mailbox and I'm over 18 my parents have no right to open a letter addressed to me.



posted on Jan, 3 2011 @ 12:22 PM
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reply to post by Benevolent Heretic
 


# this worthless bitch. I find it funny how she's the one who's cheating and yet it's condoned. Do I think checking a strangers email is wrong? Absolutely. Do I think a husband checking his wifes email is wrong? Perhaps but not NEARLY as bad as some stranger doing so. It's called using discretion. In this case, I'd be happy to give the husband a full pardon. He HAD to know for sure whether or not his wife was cheating and this was the best/easiest route to finding out. If you or anybody else thinks this man needs to go to jail, let alone for 5 years, you're wrong and a complete imbecile. Probably one of those people who thinks the legal standing of marijuana is justifiable by law. Doesn't make it wrong enough in my eyes. # off.



posted on Jan, 3 2011 @ 12:23 PM
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reply to post by paxnatus
 


You make some great points there.

Personally, when I heard this news on the radio, I thought it was a joke too.
IMO, the one having the affair should be the one facing charges if anyone had to. Both the husband and wife are guilty of a serious lack of self control and at least being honest within themselves.

I didn't see it in the article from the OP but I also heard (on the radio news) the reason it is in the media was because the prosecutor's case was not looking good at all.

There are too many laws already.

If we don't want our privacy invaded by people who we share computers with and/or live with, we need to do our part to keep the passwords private (according to the husband she had her password on the desk of the computer), we also need to change our passwords more often.

I hate snoops and I hate a lier, worse things happen between husbands and wives where the law turns their heads when they actually should intervene but don't.
This is no different then any other domestic dispute between two already unhappy people.

I expect if this goes in front of a judge, he/she will probably rule on it as quick as possible so the judge can get to the serious cases of identity thief ect. where people have truly been victimized.

SL



posted on Jan, 3 2011 @ 12:23 PM
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reply to post by paxnatus
 


You think its ok to invade someones privacy just because you're married to them?



posted on Jan, 3 2011 @ 12:26 PM
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reply to post by Benevolent Heretic
 


So, the wife wants to pursue the privacy issue or enforce a privacy law on a computer the two of them shared?

Could it be she is doing this to save her on butt! The laws are for people, all people isn't that what you said BH?
How about Adultery then? Adultery is illegal in the state of Michigan, and considered a felony, according the Michigan legislature



According to the Michigan Legislature, the following are on the books relative to adultery. www.legislature.mi.gov...(S(0xojb5ufwpga0ha12y34tef4))/mileg.aspx?page=home Document Type

Description 328-1931-V Division CHAPTER V ADULTERY (750.29...750.32)

Section 600.2162 Section Husband or wife as witness for or against other.

Section 750.29 Section Adultery; definition. Section 750.30

Section Adultery; punishment. Section 750.31

Section Adultery; complaint and time of prosecution.

Section 750.32 Section Adultery; cohabitation of divorced parties.

Section 767.44 Section Indictment; forms for particular offenses; bill of particulars.

Section 777.16a Section §§ 750.11 to 750.32; felonies to which chapter applicable.

wiki.answers.com

To me adultery is a far greater crime than reading your SO's email!


Even though we disagree on this, thanks for your reply,

Pax



posted on Jan, 3 2011 @ 12:29 PM
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