Legal Question in Technology Law in California
e-mail laws
is it illegal to break into some ones e-mail or on line cell phone bill and or records.what is it punishable by?
Asked on 7/10/05, 2:08 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: e-mail laws
Yes. Both are probably illegal under the Federal Wiretap Act, 18 USC 2510-2522, and/or the Electronic Communications Privacy Act, 18 USC 2701-2719.
California also has a wiretap law and a privacy law. See California's Penal Code, sections 631 (wiretapping), 632 (eavesdropping), 632.5 (cellular communications), 632.6, 632.7, etc.
These California crimes can be prosecuted as either felonies or misdemeanors at the prosecutor's discretion. The maximum fine is $2,500, but you can also get jail or prison time.
There would also be civil liability to the victim for any financial harm suffered.
Answered on 7/10/05, 9:59 pm
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