Legal Question in Technology Law in Alaska
I was given two passwords for facebook/email by a now ex-friend. Before the friendship ended, I suggested to her twice that she change her passwords, but she never did. So I continued to have access. I even told her sister to tell her to change them, but her sister chose not to tell her, in favor of also having the password (though I cant prove that she was an "accessory" because she told me that over the phone). Guessing that she used the same password for everything, I tried using the password to access her Skype account and it worked (she did not give me permission to do this, but she did not change them after I told her to) - We are now in a custody battle with her, and we are trying to use the information we got from her accounts against her. She is saying that what I did was illegal and a federal offense, even though she gave me the passwords (except for Skype, but it was the same password, it's not like I "hacked" her accounts) and chose not to change them after the friendship ended. Is she right? Can what I did be held against me in court, or would it be a weak case, and considered her own negligence for not protecting herself after being repeatedly told to. Can I use the information I got against her? Also, can a case be dropped because she is holding this over my head (blackmail)? She has threatened 3 times now (in emails and text) that she "could" call the authorities cause her suggested she do so. She "doesnt want to go that route, but it is nice to know that I can" and saying we could go to jail, and she is going to tell her lawyer all about it, etc if we keep asking her questions she doesnt want to answer. Is that considered blackmail? Could she even bring this up in a CUSTODY hearing? Or would she have to seperately sue me in a case for violation of privacy? I figure, the courts (though they might frown upon how we got the information) are only going to focus on what that information revealed, and how it pertains to her being an extremely unfit parent. Can someone give me guidance please? I already admitted to her that I accessed her accounts, both verbally, and also in emails. Either way, if she is not "turning me in for this" and instead, trying to blackmail me, can the case be dropped? Also, she lives in Florida, and we live in AK. Not sure if that makes a difference.
1 Answer from Attorneys
There's a big difference between having the ability to access someone else's data and having permission to do so.
I have one of my neighbor's keys so I can look after her pets when she's away, but that does not mean I can walk into her house any time I want. That's what you did with your ex's Facebook password, but you took it several steps further by accessing her accounts on other sites. It's as if I tried my friend's key in the door of other properties she owned and and was able to get in. Being able to guess your ex's passwords on those sites did not make it legal to sign into her accounts, let alone to use the data against her.
I don't know what the law is in Alaska or Florida, but here in California you would have committed a crime each time you accessed her data without permission. You also would have committed a different (but related) crime each time you used it. The information you took from her would probably not be admissible in your custody case. And yes, she would be able to sue you for invasion of privacy. She could probably sue you for other things, too.
You're right that she seems to be on the verge of committing blackmail, if she hasn't crossed that line already. That doesn't negate your own illegal actions.
You need at least one lawyer (for your custody case) and possibly two or three (for a civil suit and a criminal case).
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