# Read your partner’s email without their knowledge, go to jail?



## chefmaster (Oct 30, 2010)

Leon Walker Faces 5 Years In Jail For Reading Wife's Email

_"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."_

I'm having a hard time wrapping my head around this one.


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## greenpearl (Sep 3, 2010)

This kind of sentence is ridiculous! A husband and wife should have no secrets. She was cheating, so what is her sentence? 

In some areas, this modern new society is being too extreme!


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## RandomDude (Dec 18, 2010)

It's never about morality or justice, the law is the law, that's just how it is. Have to learn to play the system or have it used against you. The legitimate world is just as corrupt and BS as the illegitimate one I've noticed.


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## OhGeesh (Jan 5, 2010)

Good in principle....way too harsh in reality. The law is the law!! Breaking into someones email, passwords, journals, shouldn't be okay!

I've written things I don't want anyone to read even my wife. They are my thoughts and my thoughts alone. Her having a affair is just baggage it shouldn't be okay to steal information married or not.

As far as choices and punishment for affairs!! Give me a break the last thing the world needs is more micromanaging. It's a choice like anything else. 

Why does affair get the big S? Why not gambling addicts, porn addicts, abusers, drug heads, just being a selfish As%hole!! 

You don't want your spouse to have a affair? Treat them right not saying that's always the problem, but how many times do you read examples like this.

"Well, I was a workaholic and didn't treat her that well. I had a problem with my anger I'm trying to change, but SHE CHEATED"

DUH!!!! Guys usually cheat for other reasons imo.......for most woman to cheat you have to be a pretty poor husband on the communication front for that to happen. Again imo!! I know many stories her do not fit that M.O in my real life experience that's normally the case.


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## MsLonely (Sep 23, 2010)

chefmaster said:


> Leon Walker Faces 5 Years In Jail For Reading Wife's Email
> 
> _"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."_
> 
> I'm having a hard time wrapping my head around this one.


Very funny law...
_Posted via Mobile Device_


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## nice777guy (Nov 23, 2009)

Fascinating.

Makes me wonder if there shouldn't be some random law you could use to prosecute a cheating spouse.

And this is actually pretty important to anyone who is "snooping" - which I still think is totally reasonable. 

The only thing you can really do with some of this information is to find out the truth for yourself. If you find something in a private e-mail or text, keep it to yourself.


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## MarriedWifeInLove (May 28, 2010)

Just sour grapes - she got caught and this is how she is getting her revenge.

I think its crap - if you're e-mail is that secret from your spouse then that automatically tells me that you're doing something you shouldn't.

My husband doesn't have my e-mail password, but I'd give it to him if he asked - there is nothing on there that he couldn't see. I HAVE NOTHING TO HIDE.

Now, its not the same on the flip side. I have my husbands password to his e-mail and I look through it occasionally and now I know why he didn't want me to see it - because there are things on there I don't want to see and he wouldn't want me to see.

I have to tell you, IMO, while the internet has helped in a lot of ways it has caused havoc, heartache and hurt in other ways.

I HATE the d*** m***** f*****.


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## major misfit (Oct 17, 2010)

I'm having a hard time wrapping my head around it as well. Too bad he didn't just divorce her, and be done with it. No need to divulge how or why. 

Eons ago infidelity WAS punishable. In some places it still is. Death by stoning. That's certainly extreme, but goes to show that there are some cultures that believe there should be punishment for infidelity.


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## nice777guy (Nov 23, 2009)

Maybe we could start some sort of secret vigilante group who stone's unfaithfull spouses...


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## michzz (Jun 6, 2008)

So did the person successfully sue for this or lose ?

To me, it would matter if they were cohabiting in the same house or not.

If they were married but separated, zooming in on divorce, for example.

I think a good defense would be that he was defending his family, protecting his home from attack by intruders.
_Posted via Mobile Device_

I just read the article. He did it to protect his wife's child by her first husband. See, he was husband number 3 and she was cheating with husband number 2 -- who used to beat her in front of the child.

He did the right thing, again, protecting family.

What was her damage, really?

That her affair was exposed?

I wonder how a jury will rule?


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## greeneyeddolphin (May 31, 2010)

I can understand charging someone for reading email belonging to a random stranger, or a friend/coworker/etc, but not a spouse. 

I do not have my boyfriend's email password, nor he mine, but we both know that if we asked, we would be granted full access to each other's email. For me, there would be no need to read it behind his back. I would simply ask for access: if he gives it to me, I can check and know for myself that there's nothing to be concerned about; if he refuses to give it to me, that is enough to tell me that he is hiding something. At that point, I simply make it clear to him that either he starts explaining himself right now if he wants to work this out, or I'm leaving.


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## gbrad (Jul 20, 2010)

nice777guy said:


> Maybe we could start some sort of secret vigilante group who stone's unfaithfull spouses...


In a word...No! I would not be a fan of that.


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## nice777guy (Nov 23, 2009)

gbrad said:


> In a word...No! I would not be a fan of that.


Was (mostly) joking...



Although it does seemed pretty messed up that the person who breaks the wedding vows has the same legal rights as a faithful spouse.


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## OhGeesh (Jan 5, 2010)

If we are off to stoning cheating spouses I want to stone the alcoholics who hit their spouses, the gamblers who run up debt like it's monopoly money, the porn addicts who might as well be cheating, and the As$holes that treat there spouses like property.


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## nice777guy (Nov 23, 2009)

OhGeesh said:


> If we are off to stoning cheating spouses I want to stone the alcoholics who hit their spouses, the gamblers who run up debt like it's monopoly money, the porn addicts who might as well be cheating, and the As$holes that treat there spouses like property.


OK!!!


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## major misfit (Oct 17, 2010)

I really hope you didn't think I advocate the stoning of a cheating spouse in my post. Personally, a good ass whipping will do. :rofl:

I kid, I kid!


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## gbrad (Jul 20, 2010)

nice777guy said:


> Was (mostly) joking...
> 
> 
> 
> Although it does seemed pretty messed up that the person who breaks the wedding vows has the same legal rights as a faithful spouse.


I know it was "mostly" a joke. But they should have the same rights. This isn't about law. This is about love, relationships, desires, etc. An "affair", regardless of how big or small, is not the end of the world.


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## gbrad (Jul 20, 2010)

Damn JW's are at my door. I don't think they want me to answer right now.


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## RandomDude (Dec 18, 2010)

^ Do what I did, show up at the door naked with a hard on


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## nice777guy (Nov 23, 2009)

RandomDude said:


> ^ Do what I did, show up at the door naked with a hard on


And tell 'em to come on in!!!

:rofl:


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## Mom6547 (Jul 13, 2010)

RandomDude said:


> It's never about morality or justice, the law is the law, that's just how it is.


It shouldn't be about morality. But it SHOULD be about justice. Justice was not served by this law IMO. But it is what it is.

Would it have made a difference, I wonder, if he had hired a PI to do it?


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## nice777guy (Nov 23, 2009)

vthomeschoolmom said:


> It shouldn't be about morality. But it SHOULD be about justice. Justice was not served by this law IMO. But it is what it is.
> 
> Would it have made a difference, I wonder, if he had hired a PI to do it?


From what I understand, a PI should know the laws and would have known that this isn't "useable" evidence. The e-mails wouldn't have been used to confront the wife - simply used to confirm suspicions.

Just as a fun example - I believe in some states you can record any conversation that you are a part of without the consent of the other person. But you CAN'T simply place a device on your home phone that would record calls between your spouse and a third party without their consent.

And did you realize that most MP3 players have fairly decent voice recorders built into them? And how many of us keep our mp3 players next to our bed with our keys, wallet, cell phone, etc. You _could_ use this to record your spouse if they are at home during the day - but it would be illegal (and immoral), so don't get caught or plan to confront them with any evidence you may have gathered.


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## gbrad (Jul 20, 2010)

Anyone who would take legal action against a spouse for recording them, seriously, I don't know. 
I just don't understand the whole concept of suing people in general. People do things, screw up, make mistakes. It doesn't mean you should sue them over it. Get a grip people.


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## Mom6547 (Jul 13, 2010)

It is a play to keep the affair out of divorce court, somehow, I would guess.


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## MarriedWifeInLove (May 28, 2010)

OhGeesh said:


> If we are off to stoning cheating spouses I want to stone the alcoholics who hit their spouses, the gamblers who run up debt like it's monopoly money, the porn addicts who might as well be cheating, and the As$holes that treat there spouses like property.


:iagree: Works for me!


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## Zammo (Aug 9, 2010)

It's a play for child custody, too.

Now, I wonder if a woman would get the same treatment for doing the same thing if her husband was treating?


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## TeaLeaves4 (Feb 19, 2010)

But you can't legislate morality. Not here. That's what Muslim countries do. And they don't just convict adulterers. ALL of your behavior is up for judgment and possible conviction by the government. Do we want that here?

Keep the government out of marriage!


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## reachingshore (Jun 10, 2010)

Judge's Footnote On Adultery Stirs a Tempest In Michigan - Washington Post


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## MEM2020 (Aug 23, 2009)

I went on the Oakland DA's website last night and slammed the DA in question for "abuse of prosecutorial discretion". Not expecting a response though I did leave my email address. 

I said exactly what his lawyer will say which is, a spouse has no reasonable expectation of privacy from their partner. And I imagine the entire case is going to turn on that single point. Because if the courts rule she "did" have an expectation of privacy - he may go to jail. 

IMO there is no difference between her having kept a "journal" and he searched for it, picked the lock and read it - and his reading of her email. I don't believe there is a law against reading your spouses journal - even if it is under lock and key.

In a world of aids, herpes and infidelity the idea that a spouse has a reasonable expectation of digital privacy is ludicrous. I am hoping this turns into a "landmark" case. 





nice777guy said:


> From what I understand, a PI should know the laws and would have known that this isn't "useable" evidence. The e-mails wouldn't have been used to confront the wife - simply used to confirm suspicions.
> 
> Just as a fun example - I believe in some states you can record any conversation that you are a part of without the consent of the other person. But you CAN'T simply place a device on your home phone that would record calls between your spouse and a third party without their consent.
> 
> And did you realize that most MP3 players have fairly decent voice recorders built into them? And how many of us keep our mp3 players next to our bed with our keys, wallet, cell phone, etc. You _could_ use this to record your spouse if they are at home during the day - but it would be illegal (and immoral), so don't get caught or plan to confront them with any evidence you may have gathered.


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## Pandakiss (Oct 29, 2010)

since when wa e-mail a felony??? what if it wasnt passworded??? would it have made a difference if she left it on the computer screen?? what if it was printed out?? if it was a letter in the mail??

i agree, it was just her petty "revenge" after the fact of gettin caught..


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## greenpearl (Sep 3, 2010)

Now people need law to protect their infidelity, funny! And five years in jail, ridiculous! 

What is going on in this society?


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## Pandakiss (Oct 29, 2010)

right...geez, whats next....you didnt put the tp on the right way?? you squeezed the tooth paste in the middle?? or the douch-bag law?? 

and where does it end??


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## Tiredspouse0297 (Dec 9, 2010)

OhGeesh said:


> Good in principle....way too harsh in reality. The law is the law!! Breaking into someones email, passwords, journals, shouldn't be okay!
> 
> I've written things I don't want anyone to read even my wife. They are my thoughts and my thoughts alone. Her having a affair is just baggage it shouldn't be okay to steal information married or not.
> 
> ...


AMEN!!! I'm sorry but there are some really crappy people who cheat and some really nice people stuck in crappy situations. It's not a nice thing to do but neither is treating a spouse so poorly that they have to look elsewhere for some affection and validation. I used to be in the group that said "just leave if you want to be with someone else" until the economy fell apart and I'm stuck in an abusive relationship with no where to go. Everyone has the right to some minimal privacy, there are lots of things I talk about with friends that have nothing to do with an affair that are just plain none of my husband's business!! Maybe the law has gone overboard but the end doesn't always justify the means in infidelity.


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## Scannerguard (Jan 26, 2010)

I think this is a case of a lawyer trying to make a test case because it does raise an interesting question:

Is there a right to privacy within a marriage?

My attorney actually opined "NO" in a memorandum to her attorney regarding this issue. At the time, my ex-wife was forbidding me entering the marital residence because it was an invasion of her privacy, for me to enter our home, she maintained.

A marriage is a partnership however.

Just like I cannot withhold financial records from a business partner, there is no law stating that a spouse has the right to privacy on emails since what he/she does affects the other partner with STD's, finances, etc.

Lawyers will try these thing for publicity though.


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## ChrisInNOVA (Jan 3, 2011)

In some states you can actually sue people who insert themselves into your marriage.

Click here


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