what is considered "hacking"

miniboss
#1
The reason I ask, is a guy got charged with "hacking" into his wife's e-mail account, even though he actually got in with a legit password, on his own computer no less. The password was found in the house somewhere. He suspected his wife was having an affair, it turns out he was right, and he's still being charged. I don't get it, he isn't wrong.
 
Cliffy
Avatar
#2
Technically, I don't see it as hacking but because his wife didn't freely give him her password, it might be illegal spying.
 
TenPenny
Avatar
#3
You'd have to post a lot more details than that to expect any sort of coherent answer.

But let me ask you this: if you and your wife have separate bank accounts, is it fair to take her debit card and withdraw money, if you find the PIN number somewhere?
 
JLM
#4
Quote: Originally Posted by minibossView Post

The reason I ask, is a guy got charged with "hacking" into his wife's e-mail account, even though he actually got in with a legit password, on his own computer no less. The password was found in the house somewhere. He suspected his wife was having an affair, it turns out he was right, and he's still being charged. I don't get it, he isn't wrong.

I guess morally he was right but legally he was wrong.
 
eh1eh
Avatar
+1
#5  Top Rated Post
Quote: Originally Posted by JLMView Post

I guess morally he was right but legally he was wrong.

Morally he was wrong, the legality is pretty gray. Of course morally she was wrong too.
 
DaSleeper
Avatar
#6
With outlook express on XP or windows live mail on vista or windows 7 you don't even need a password to read even deleted email...
All you need is a DBx file reader...
In '98 I found a co-worker's wife who had been missing for a couple of days that way..
I didn't touch his PC,...just told him where to download the application and showed him how to use it.
His wife was with another man in Hearst....he even found his address in one of them emails
 
JLM
Avatar
#7
Quote: Originally Posted by eh1ehView Post

Morally he was wrong, the legality is pretty gray. Of course morally she was wrong too.

Guess it mainly depends on what "system" you subscribe to. Me- I'm kind of an old fashioned guy who believes in evening things up as much as possible without getting too many others involved. Much cheaper, much faster and sometimes more final.
 
Ariadne
Avatar
+1
#8
If the man and wife had been communicating via snail mail, and the wife had hidden the letters in a little box with a key, but left the box and key lying around, would the husband have been trespassing if he used the key to access the letters? Doesn't the law consider all matrimonial property to be joint property? If it is acquired during the marriage, it is jointly owned.

I think it's crappy that the wife had an affair, crappy that she hid it, crappy that the husband had to do whatever was in his means to figure out why his life was feeling screwed up, and in a way, it's really good that the husband finally had the facts and was able to make good decisions for himself without being lied to and manipulated by his wife. Bottom line, it's all crappy, but I don't think the husband should have legal problems because he accessed joint matrimonial property to protect himself from being screwed over by his wife.
 
FiveParadox
Avatar
#9
I don't think someone's personal e-mail account becomes joint property just because you're married; that's absurd.

The fact of the matter is that this gentleman accessed his wife's e-mail account without permission; whether he was morally correct in doing so is another matter entirely, but the unauthorised access of someone's e-mail account is absolutely illegal. Any charges would likely fail, though, because this woman would have breached the terms and conditions of the e-mail service by leaving her account password written down somewhere.
 
JLM
Avatar
#10
Quote: Originally Posted by AriadneView Post

If the man and wife had been communicating via snail mail, and the wife had hidden the letters in a little box with a key, but left the box and key lying around, would the husband have been trespassing if he used the key to access the letters? Doesn't the law consider all matrimonial property to be joint property? If it is acquired during the marriage, it is jointly owned.

I think it's crappy that the wife had an affair, crappy that she hid it, crappy that the husband had to do whatever was in his means to figure out why his life was feeling screwed up, and in a way, it's really good that the husband finally had the facts and was able to make good decisions for himself without being lied to and manipulated by his wife. Bottom line, it's all crappy, but I don't think the husband should have legal problems because he accessed joint matrimonial property to protect himself from being screwed over by his wife.

You got that right- generally the end justifies the means (at least according to my rules)
 
karrie
Avatar
#11
It is against the law for my husband to open my mail, why would my e-mail be any different?
 
JLM
Avatar
#12
Quote: Originally Posted by karrieView Post

It is against the law for my husband to open my mail, why would my e-mail be any different?

\

Technically you are right on but when a person starts being a bitch then the rules change.
 
karrie
#13
The law only applies to people we like?
 
JLM
Avatar
#14
Quote: Originally Posted by karrieView Post

The law only applies to people we like?

I'm not sure if that's quite right, each case has to be judged on its own merits, maybe some people we don't like would agree to "play fair". I kind of like some of the laws of the Old West.
 
TenPenny
Avatar
#15
Quote: Originally Posted by karrieView Post

The law only applies to people we like?

Yes, and if your wife cheats on you, you're allowed to beat her up.
 
karrie
Avatar
#16
Quote: Originally Posted by JLMView Post

I'm not sure if that's quite right, each case has to be judged on its own merits, maybe some people we don't like would agree to "play fair". I kind of like some of the laws of the Old West.

I prefer concrete laws, the kind where a husband doesn't own his wife, and has no right to go digging in her personal correspondences, regardless of how 'right' he thinks he is to do so. I know too many people who always think they are in the right, and that if people just 'understood', they'd let their behaviour slide.

"If you just understood that her trying to talk to her mom about me accidentally snapping and hitting her last night, puts the whole family at risk of falling apart, you'd understand why I HAVE to look through her e-mail. Hell, there's even legal precedent for husbands being excused for invasion of privacy to help protect their kids and the family unit."
 
Ariadne
Avatar
#17
Quote: Originally Posted by karrieView Post

It is against the law for my husband to open my mail, why would my e-mail be any different?

If you open your mail, and leave in in a locked box, with the key nearby, is he allowed to read it?

What if a teenager found the locked box and key, and decided to open it, would it be against the law? A child snooping in their parent's drawer ... something that I suspect happens a lot ... is that against the law? Is it different if a child snoops or a spouse snoops?
 
karrie
Avatar
#18
To the best of my knowledge, no, there are no laws protecting your property from people within your household. There are however, laws protecting mail addressed to you, as well as password protected e-mails and other files.
 
DaSleeper
Avatar
#19
Both my wife and I happen to have the same password for both our main email account. We are OK with opening each other's mail and have on occasion had her read a letter over the phone when I was out of town.
But normaly day to day we never do, although I wouldn't mind if she did as long as she used a knife or a letter opener to open it properly and left it in the appropriate place for me to read later.
She has a bad habit of tearing a letter open
If there is no trust in a marriage .....what is left...
 
karrie
Avatar
#20
My husband and I open one another's mail as well. But, the problem is that I know all too well the answer to your last question DaS... when there is no trust, what is left? Typically an abuse of one kind or another. That's why the ability to communicate freely with family, lawyers, friends, counsellors, and doctors, is something no one should brush aside no matter how 'right' they feel it is for a jilted lover, be it husband or wife, to go ahead and snoop.
 
JLM
#21
Quote: Originally Posted by DaSleeperView Post

Both my wife and I happen to have the same password for both our main email account. We are OK with opening each other's mail and have on occasion had her read a letter over the phone when I was out of town.
But normaly day to day we never do, although I wouldn't mind if she did as long as she used a knife or a letter opener to open it properly and left it in the appropriate place for me to read later.
She has a bad habit of tearing a letter open
If there is no trust in a marriage .....what is left...

Exactly!
 
TenPenny
Avatar
#22
If there is trust...there should be no need to open each other's mail, unless asked to do so...

Without trust, there just isn't much of a relationship.
 
YukonJack
#23
Quote: Originally Posted by TenPennyView Post

If there is trust...there should be no need to open each other's mail, unless asked to do so...

Without trust, there just isn't much of a relationship.

TenPenny, I fully agree with you!
 
shadowshiv
Avatar
#24
Quote: Originally Posted by TenPennyView Post

If there is trust...there should be no need to open each other's mail, unless asked to do so...

Without trust, there just isn't much of a relationship.

Of course, with her having an affair there wasn't much of a relationship anyhow.

Quote: Originally Posted by TenPennyView Post

You'd have to post a lot more details than that to expect any sort of coherent answer.

But let me ask you this: if you and your wife have separate bank accounts, is it fair to take her debit card and withdraw money, if you find the PIN number somewhere?

Here is an article about the case in question. It is from canoe.ca.



A man from Rochester Hills, Mich., could face up to five years behind bars for reading his wife's e-mails.
Oakland County prosecutors have charged Leon Walker, 33, with an anti-hacking felony normally reserved for identity theft or stealing trade secrets, reports the Detroit Free Press.
Leon Walker, Clara Walker's third husband, broke into his wife's Gmail account on her laptop and discovered she was having an affair with her second husband, the newspaper reports.
He then forwarded the damning e-mails to Clara Walker's first husband, who is the father of her young boy. Leon Walker told the Free Press that he had to do it for the sake of the child because the second husband was once arrested for beating Clara in front of the boy.
"I was doing what I had to do," he said. "We're talking about putting a child in danger."
Clara Walker's lawyers said Leon Walker, a computer technician, used his skills to violate his wife's privacy and took it one step further by using what he found against her.
After learning of her husband's digital spying, Clara Walker filed for divorce, which was finalized last month. Her ex-husband is due in court Feb. 7.
"It's going to be interesting because there are no clear legal answers here," Frederick Lane, a Vermont attorney who has published five books on electronic privacy, told the Free Press.
He noted the fact that Walker regularly had access to the computer in the home they shared could work in his favour.
 
JLM
#25
Quote: Originally Posted by TenPennyView Post

If there is trust...there should be no need to open each other's mail, unless asked to do so...

Without trust, there just isn't much of a relationship.

Yes and no, there's many different kinds of "relationships" these days.
 
no new posts