Legal Question in Civil Litigation in California
Internet privacy among estranged spouses
Wife files for divorce following husband's affair. After husband vacates the home and moves in with the other woman, wife obtains his password and reads begins reading his email. There are numerous emails between he and the other woman from their respective job locations. Headings of other woman's email often contain group contacts. Wife gets email addresses of those contacts and sends emails to other woman's friends and relatives telling them about other woman's affair with her husband in order to cause embarrassment. All information given is true and wife does not send info anonymously. What consequences might wife be faced with in terms of internet laws, privacy laws, civil suits, etc.?
1 Answer from Attorneys
Re: Internet privacy among estranged spouses
Just because something can be done doesn't mean it should be done.
Your email may answer your own question. Consider the following statement you made: "wife obtains his password and reads begins reading his email". If the former spouse's password is within his anticipated zone of privacy, it may be reasonable to conclude that former wife has violated her former spouse's privacy.
Moreover, and probably more significantly, is the risk that due to former wife's conduct, former husband's job and/or relationships may have been (or may be) affected. What if husband loses his job as a result of former wife's conduct? I would expect him to sue her for intentionally interfering with his employment relationship, as well as intertionally interfering with his contract with his employer. These are both legitimate claims, if former wife in fact did interfere with the relationship.
There's no point in disseminating this type of information, regardless of how upset former wife might be. It serves no legitimate purpose, even if the "facts" disseminated are true.
Good luck.
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