what is considered "hacking"

miniboss

Electoral Member
Jan 4, 2007
108
1
18
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

Standing Member
Nov 19, 2008
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Nakusp, BC
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

Hall of Fame Member
Jun 9, 2004
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Location, Location
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

Hall of Fame Member
Nov 27, 2008
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Vernon, B.C.
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.
 

DaSleeper

Trolling Hypocrites
May 27, 2007
33,676
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Northern Ontario,
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:lol:
 

JLM

Hall of Fame Member
Nov 27, 2008
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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. :smile:
 

Ariadne

Council Member
Aug 7, 2006
2,432
8
38
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

Governor General
Dec 20, 2005
5,875
43
48
Vancouver, BC
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

Hall of Fame Member
Nov 27, 2008
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Vernon, B.C.
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) :smile:
 

karrie

OogedyBoogedy
Jan 6, 2007
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It is against the law for my husband to open my mail, why would my e-mail be any different?
 

JLM

Hall of Fame Member
Nov 27, 2008
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Vernon, B.C.
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.
 

karrie

OogedyBoogedy
Jan 6, 2007
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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

Council Member
Aug 7, 2006
2,432
8
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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

OogedyBoogedy
Jan 6, 2007
27,780
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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

Trolling Hypocrites
May 27, 2007
33,676
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Northern Ontario,
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:smile:
If there is no trust in a marriage .....what is left...
 

karrie

OogedyBoogedy
Jan 6, 2007
27,780
285
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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.