Legal Question in Technology Law in California

Re: Using my email address

To answer your last question first: no, this isn't tampering with the mail. That crime only involves tampering with items sent through the U.S. Postal Service. It does not apply to email, or even to items sent by FedEx, UPS or other delivery services.

I note that all you have alleged is that your husband had emails sent *to* your address as confirmations of purchases. This is not an invasion of privacy in even a minimal sense. It also does not mean that he knew your password, so he may not have had access to the information which so concerns you. Even if he had such access, he may not have inspected these files.

Let's assume for now that your husband did use your password and that he look through your files. What he did may or may not be a violation of your privacy rights; you didn't provide enough facts to make such a determination. Even if he did invade your privacy, that by itself is not a criminal offense and you therefor cannot have him prosecuted merely for snooping. It can lead to civil liability, but the extent of one spouse's liability to the other for something like this will probably not be very much.