Legal Question in Business Law in California
I set up my former business partner's e-mail account and have since left the business.
He never changed the password that I gave him, so I have access to his account. I have not hacked into his account. I am simply using the original password which I had provided to him.
We are in a dispute over my share of the business and I am able to keep tabs on his activity, including conversations with his lawyer.
Am I risking any legal action regarding my "spying"?
3 Answers from Attorneys
You absolutely are risking legal action. Intercepting wire communications is illegal no matter how you do it.
A good rule of thumb for the layperson is this: if it sound's sleezy, it's usually illegal.
Intercepting someone's communications in the manner you describe, is illegal.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Of course you're risking legal action. If you were a locksmith, do you think you could legally enter the homes of your clients as long as they hadn't changed the locks?
Unauthorized access to computer data is a crime. That you happen to know the password does not mean you are authorized to use it. What you have done may not meet your own definition of "hacking", but it seems pretty clear that it meets the law's definition of unauthorized access.
Note that each instance of unauthorized access -- including potentially each individual email you have read and each file you have examined -- can be prosecuted as separate crimes.
In addition to your criminal exposure, you face substantial civil liability for what you have done. You also risk being defaulted in your current dispute with your former partner if it goes to court and if the other side realizes what you have been up to.
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