This out of Michigan. Leon Walker (pictured above) of Rochester Hills is charged under a law meant to prevent identity theft, and could face up to five years in prison, for reading his wife’s email.
Using a laptop in the couple’s home, Walker logged on to his wife’s Gmail account and learned she was having an affair. Walker believed the affair involved a man with an abusive history and provided information to his wife’s first husband to protect their child. Walker and his wife have since divorced and she is pressing charges.
The Detroit Free Press reports:
About 45% of divorce cases involve some snooping — and gathering — of e-mail, Facebook and other online material… those are generally used by the warring parties for civil reasons — not for criminal prosecution.
Clara Walker claims the laptop in question was her personal laptop and the email account was password protected. Leon Walker has responded that the computer was a family laptop and that his wife kept a small notebook next to the computer with her passwords for various accounts.
Oakland County, Michigan prosecutors insist that Walker’s actions fall within the statute and are proceeding with the charges. They point out that Walker is a computer technician and argue that Clara Walker had an expectation of privacy despite the two living in the same house at the time. It is the first time the law has been used for criminal prosecution in such a case.
The case raises all manner of related issues involving accounts beyond email and family members other than spouses. The scenario that comes to me is this: a divorced couple where one parent has custody of a child and the non-custodial parent accesses the child’s Facebook to gather information s/he can use in a change of custody proceeding or to modify child support. Assuming the non-custodial parent was not a Facebook friend and got into the child’s Facebook by accessing the child’s password, is it subject to prosecution?
How about monitoring a child’s computer usage and discovering that one of his/her friends is engaged in cheating at school, then reporting it? How about a live-in relative and their interest in various forms of online pornography? A house guest?
Ah, the slippery slope.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.