Legal Question in Technology Law in California

Emails

A friend of mine gave me her password to her personal email account in order to access driving directions. While in there I noticed another email regarding her ''sexual'' activities with one of her superiors at her place of employment. Because of her relationship with this person her advancement within the company has affected another very good friend of mine who was passed up for the promotion. I have since brought these emails to the attention of the affected party. What, if any, legal repercussions will my involvement in this situation have on me?


Asked on 10/22/03, 1:19 pm

3 Answers from Attorneys

Re: Emails

Probably no legal consequences, but you will lose a friend. You may be called as a witness if there is litigation.

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Answered on 10/22/03, 1:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Emails

As a practical real-world matter, you are unlikely to be sued.

If the situation you describe were a Bar Exam question where I had to concoct some theories in order to have something to write, I would say there is some possibility you could be sued for damages under a tort theory called "public disclosure of private facts," or some similar anti-gossip label. You might also be sued for exceeding the scope of the e-mail opening and reading permission you were given, and you might be accused of defamation if you said anything untrue to anyone.

Lawsuits on these theories are expensive; I don't think anyone would take a suit against you on contingency, and therefore unless a party to this soap opera wants to "pay you back" you are probably safe.

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Answered on 10/22/03, 3:11 pm
Reza Bavar PISHVAEE & BAVAR

Re: Emails

Based on your facts you should be ok, but you should seek some sort of proof from your friend that she allowed you to use her email, otherwise she may claim you accessed it without her authorization and thereby subject you to possible civil and criminal liabilities.

If you have any further questions please feel free to contact my office-- 310-444-3020.

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Answered on 10/23/03, 12:32 am


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