Legal Question in Intellectual Property in Massachusetts
Is forwarding emails with sensitive info illegal?
An ex-b/f has forwarded emails I exchanged with another man while we were dating to friends of mine. I had forwareded them to him months ago after he discovered them (my email account was open on my computer). The emails express intimate sentiments between me and the other man. He put a note in the email to my friends: ''I know (me) has discussed the situation regarding (man's name). I am also aware she has made many gross inaccuracies about it. The following should provide all background necessary to set the record straight.'' He also attached PDF copies of the emails.
Do I or the other man have any grounds to stand on if either of us sue him? (ie, intent to harm.. copyright infringement...)?
1 Answer from Attorneys
Re: Is forwarding emails with sensitive info illegal?
You forwarded the damning e-mails to your boyfriend, for whatever reason. I assume that you did not properly note any copyright, nor register the same. Thus, you have no right whatsoever to claim "infringement" at this time.
Moreover, if all he presented was the accurate transcription of the e-mails which you gave him, what grounds do you have to claim that he is defaming you? "Truth is an absolute defense."
What grounds do you have for claiming that he is inflicting emotional distress? I doubt that you would get an appellate court to agree that his actions amount to the sort of extreme and outrageous conduct which justifies a suit for intentional infliction of emotional distress.
When you dabble in hearts in easily-intercepted (or voluntarily -forwarded-) writings, you risk that your friends will be told of your dabbling, whether for vindictive purposes or reasonable self-defense.
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