Legal Question in Technology Law in Kansas
Privacy of e-mail
Two partners own a business 50%/50%, split all costs and all profits.
Business owner 'A' knows that business owner 'B' is using the small business' e-mail system to send defaming e-mails about him/her.
Business owner 'A' knows this because he/she has access to business owner 'B' e-mail box.
Business owner 'B' never changed his/her password after initial set up of the e-mail system. Business owner 'A' did change passwords, so business owner 'B' does not have access to business owner 'A' e-mail in box.
Business owner 'A' only read e-mails that had already been opened by business owner 'B'.
Is business owner 'B' guilty of libel or slander?
Can business owner 'A' use information culled from business owner 'B' e-mail box as evidence in a ''custody'' battle?
Is business owner 'A' guilty of invasion of privacy based on 18 U.S.C. Sec. 2517(4)?
Ethically, who is more at fault, the owner 'B' (the liar) or owner 'A' (the sneak)?
1 Answer from Attorneys
Re: Privacy of e-mail
Neither one of you has ethics.
Dissolve the business now and go your separate ways. Then, you don't have to worry so much about liability. If you're opening and reading emails and doing nothing about it, you are consenting to watch your 50% share go down to nothing when the other is sued. There's no trust: get out of it.
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