Legal Question in Technology Law in California

Re: Email Hacking

The answer to your question would likely be two-fold. First, any possible actionable claim you might have against her would depend on what kind of information she sent, who received the information, and what effect that transmission had on you (e.g. hurt your business, defamed you, etc.). By way of example only, possible claims are trespass to chattels, some form of defamation, and/or various tortious interference. There may be other possible claims depending on the exact circumstances of your situation. Second, as a practical matter, you would need to have measurable damages to make such a lawsuit, at least a civil suit, worth pursuing. Remember, annoyance, embarassment, or the popular perception of "harassment" are at best very difficult to prove and at worst not worthy of a monetary damage award. However, if your goal is non-monetary relief such as an injunction to stop further such activities by her, a lawsuit may be an option for you. In any event, if you are serious about such a course of action, you should seek an initial (usually free) consultation with an attorney in your area to determine the merits of any possible case you might have given your unique facts and circumstances.

Re: Email Hacking

Anyone can sue - the question is whether you will win.

Unauthorized accessing of data stored on a computer may be a violation of The Electronic Communications Privacy Act, 18 U.S.C. 2701. See http://www4.law.cornell.edu/uscode/18/2701.html

The problem with the situation you describe is that she could argue that you authorized her access. Do you have evidence that you revoked her authority to use your password? Have you changed the password to keep her out?