Legal Question in Technology Law in New Jersey

Re: Someone else logging in to private email account

You may need an attorney to help you out with this, but you could to it on your own. You can contact law enforcement, but with just a guess and no actual damage, you may have trouble getting anyone to pay attention.

Re: Someone else logging in to private email account

You can subpoena the records that Yahoo keeps, but the subpoena must be associated with a suit. A subpoena is an instrument that invokes the authority of the State, usually through its courts. The Rules of Court make no provision for issuing such a subpoena merely in contemplation of litigation.

In your case, it may be possible to use the framework of your suit for divorce. The rules that apply would depend on which State granted the divorce, how long ago that was, and how the courts of that State feel about continuing jurisdiction. Continuing jurisdiction is not uncommon in maritial actions so it may be easier than starting a new suit.

The mechanics of issuing a subpoena and getting an ISP to answer are not especially difficult. If your original suit is in NJ, I can help you do that.

There is a second step. Assuming that we find from Yahoo that there is another IP address that has been used to log into your account, we will have to determine who the user of that address might be. Again, the ISP owner of the IP address will not give out that information without a subpoena.

Act promptly. Most ISPs only save their transaction records for 90 days.

Meanwhile, I hope that you have changed your Yahoo password.